Protect Female Sports Act

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1083 LLS NO. 26-0739.01 Shelby Ross x4510 HOUSE SPONSORSHIP Bottoms, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Civic, Military, & Veterans Affairs A BILL FOR AN ACT CONCERNING PROTECTING FEMALE SPORTS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill requires each interscholastic or intramural athletic team or sport that is sponsored by a school or athletic association (team or sport) to expressly designate the team's or sport's participants as either biological male, men, or boys; biological female, women, or girls; or coeducational or mixed. The bill prohibits a team or sport that is designated for females, women, or girls from being open for participation by a male student or male participant. The bill prohibits a team or sport that is designated for Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

males, men, or boys from being open for participation by a female student or female participant unless there is no female team offered or available for the sport for female students or female participants. The bill prohibits a state agency, entity, licensing or accrediting organization, or athletic association from entertaining a complaint, opening an investigation, or taking any other adverse action against a school for maintaining a separate team or sport for female students or female participants. If the commissioner of education (commissioner) determines that a public school or institution of higher education has refused to comply with the provisions of the bill, the commissioner shall notify the public school or institution of the noncompliance and allow the public school or institution a reasonable amount of time to comply. If the public school or institution is still not in compliance and has not made a good-faith attempt to comply, the commissioner is permitted to take appropriate remedial action within the commissioner's authority.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:

(a) Males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty;

(b) Biological differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic, or other arrangements in order to ensure safety and allow members of each sex to succeed and thrive;

(c) Physical differences between males and females have long made separate sex-specific sports teams important so that female athletes have equal opportunities to compete in sports with reduced risk of physical injury; and

(d) Due to the physical differences between males and females, having separate athletic teams based on the biological sex of the athletes reduces the risk of injury to female athletes, promotes equality between the sexes, provides opportunities for female athletes to compete against their female peers rather than against male athletes, and allows female athletes to fairly compete for athletic accomplishments, including educational scholarships.

SECTION 2. In Colorado Revised Statutes, add article 109 to title 22 as follows:

ARTICLE 109 Protect Women's and Girls' Sports Act

22-109-101. Short title.

THE SHORT TITLE OF THIS ARTICLE 109 IS THE "PROTECT WOMEN'S AND GIRLS' SPORTS ACT".

22-109-102. Definitions.

AS USED IN THIS ARTICLE 109, UNLESS THE CONTEXT OTHERWISE REQUIRES:

"ATHLETIC ASSOCIATION" MEANS A CORPORATION, ASSOCIATION, OR ORGANIZATION WITH AT LEAST ONE PRIMARY PURPOSE OF SPONSORING OR ADMINISTERING EXTRACURRICULAR INTERSCHOLASTIC ATHLETIC CONTESTS OR COMPETITIONS.

(2) "BOY" MEANS AN ADOLESCENT HUMAN MALE.

"FEMALE" MEANS AN INDIVIDUAL WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF OVA.

A FEMALE INCLUDES A WOMAN AND A GIRL.

(4) "GIRL" MEANS AN ADOLESCENT HUMAN FEMALE.

"MALE" MEANS AN INDIVIDUAL WHOSE BIOLOGICAL REPRODUCTIVE SYSTEM IS ORGANIZED AROUND THE PRODUCTION OF SPERM. A MALE INCLUDES A MAN AND A BOY.

(6) "MAN" MEANS AN ADULT HUMAN MALE.

"POSTSECONDARY EDUCATIONAL INSTITUTION" MEANS A PUBLIC OR PRIVATE UNIVERSITY, COLLEGE, OR COMMUNITY COLLEGE LOCATED IN ACCREDITING BODY RECOGNIZED BY THE FEDERAL DEPARTMENT OF EDUCATION.

COLORADO THAT IS A MEMBER INSTITUTION OF AN "SCHOOL" MEANS A POSTSECONDARY EDUCATIONAL INSTITUTION, OR A PUBLIC SCHOOL, CHARTER SCHOOL, PRIVATE SCHOOL, OR DENOMINATIONAL SCHOOL THAT OFFERS INSTRUCTION IN ELEMENTARY OR SECONDARY GRADES.

"STATE AGENCY" MEANS ANY STATE BOARD, BUREAU, COMMISSION, DEPARTMENT, INSTITUTION, DIVISION, SECTION, OR OFFICER OF THE STATE, EXCEPT THOSE IN THE LEGISLATIVE OR JUDICIAL BRANCH.

(10) "WOMAN" MEANS AN ADULT HUMAN FEMALE.

22-109-103. Male and female sports team designations.

(1) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT THAT IS SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION MUST EXPRESSLY DESIGNATE THE TEAM OR SPORT AS ONE OF THE FOLLOWING BASED ON THE ATHLETES' BIOLOGICAL SEX:

(a) MALE, MEN, OR BOYS;

(b) FEMALE, WOMEN, OR GIRLS; OR

(c) COEDUCATIONAL OR MIXED.

(2) (a) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS DESIGNATED FOR FEMALES, WOMEN, OR GIRLS MUST NOT BE OPEN FOR PARTICIPATION BY A MALE STUDENT OR MALE PARTICIPANT.

(b) AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT SPONSORED BY A SCHOOL OR ATHLETIC ASSOCIATION THAT IS DESIGNATED FOR MALES, MEN, OR BOYS MUST NOT BE OPEN FOR PARTICIPATION BY A FEMALE STUDENT OR FEMALE PARTICIPANT UNLESS THERE IS NO FEMALE TEAM OFFERED OR AVAILABLE FOR THE SPORT FOR FEMALE STUDENTS OR FEMALE PARTICIPANTS.

(c) THIS SUBSECTION (2) DOES NOT RESTRICT THE ELIGIBILITY OF A STUDENT OR PARTICIPANT FROM PARTICIPATING IN AN INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT THAT IS DESIGNATED FOR COEDUCATIONAL OR MIXED PARTICIPANTS.

A STATE AGENCY, ENTITY, LICENSING OR ACCREDITING ORGANIZATION, OR ATHLETIC ASSOCIATION SHALL NOT ENTERTAIN A COMPLAINT, OPEN AN INVESTIGATION, OR TAKE ANY OTHER ADVERSE ACTION INTERSCHOLASTIC OR INTRAMURAL ATHLETIC TEAM OR SPORT FOR FEMALE STUDENTS OR FEMALE PARTICIPANTS.

AGAINST A SCHOOL FOR MAINTAINING A SEPARATE

22-109-104. Compliance and enforcement.

IF THE COMMISSIONER OF EDUCATION DETERMINES THAT A PUBLIC SCHOOL INTENTIONALLY REFUSED TO COMPLY WITH THIS ARTICLE 109, THE COMMISSIONER SHALL NOTIFY THE PUBLIC SCHOOL OR INSTITUTION OF THE NONCOMPLIANCE AND ALLOW THE PUBLIC SCHOOL OR INSTITUTION A REASONABLE AMOUNT OF TIME TO COMPLY. IF THE COMMISSIONER DETERMINES, AFTER THE REASONABLE COMPLIANCE TIME HAS ELAPSED, THAT THE PUBLIC SCHOOL OR INSTITUTION IS NOT IN COMPLIANCE AND HAS NOT MADE A GOOD-FAITH ATTEMPT TO COMPLY, THE COMMISSIONER SHALL TAKE APPROPRIATE REMEDIAL ACTION WITHIN THE COMMISSIONER'S AUTHORITY.

OR POSTSECONDARY EDUCATIONAL INSTITUTION HAS

22-109-105. Federal protections for individual with disability - recognized.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE 109 TO THE CONTRARY, AN INDIVIDUAL BORN WITH A DIAGNOSED DISORDER OF SEX DEVELOPMENT SHALL RECEIVE ALL LEGAL PROTECTIONS AND ACCOMMODATIONS AFFORDED UNDER THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AS AMENDED.

22-109-106. Severability.

IF ANY PROVISION OF THIS ARTICLE 109 OR THE APPLICATION OF THIS ARTICLE 109 TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE 109 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE 109 ARE DECLARED TO BE SEVERABLE.

SECTION 3. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.