HB 158 — An Act providing for sport activities in public institutions of higher education and public school entities to be expressly designated male, female or coed; and creating causes of action for harms suffered by designation.

PRINTER'S NO.   149

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 158
                                              Session of
                                                2025

     INTRODUCED BY GLEIM, WHITE, BOROWICZ, HAMM, GREINER, PICKETT,
        M. MACKENZIE, LEADBETER, JAMES, D'ORSIE, KAUFFMAN, M. BROWN,
        RAPP, BANTA, MENTZER, WARNER, GROVE, KUZMA, SMITH, ROWE,
        ZIMMERMAN, WALSH, REICHARD AND COOPER, JANUARY 17, 2025

     REFERRED TO COMMITTEE ON EDUCATION, JANUARY 17, 2025


                                   AN ACT
 1   Providing for sport activities in public institutions of higher
 2      education and public school entities to be expressly
 3      designated male, female or coed; and creating causes of
 4      action for harms suffered by designation.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7   Section 1.   Short title.
 8      This act shall be known and may be cited as the Fairness in
 9   Women's Sports Act.
10   Section 2.   Definitions.
11      The following words and phrases when used in this act shall
12   have the meanings given to them in this section unless the
13   context clearly indicates otherwise:
14      "Public institution of higher education."   Any of the
15   following:
16          (1)   A community college operating under Article XIX-A of
17      the act of March 10, 1949 (P.L.30, No.14), known as the
18      Public School Code of 1949.
 1            (2)    A rural regional college established under Article
 2      XIX-G of the Public School Code of 1949.
 3            (3)    A university within the State System of Higher
 4      Education under Article XX-A of the Public School Code of
 5      1949.
 6            (4)    A State-related institution as defined in section
 7      2001-C of the Public School Code of 1949.
 8            (5)    The Thaddeus Stevens College of Technology.
 9            (6)    The Pennsylvania College of Technology.
10      "Public school entity."       Any of the following operating under
11   the Public School Code of 1949:
12            (1)    A school district.
13            (2)    An intermediate unit.
14            (3)    An area career and technical school.
15            (4)    A charter school, regional charter school or cyber
16      charter school.
17      "Sex."      The biological distinction between male and female
18   based on reproductive biology and genetic makeup.
19   Section 3.     Designation of athletic teams and sports.
20      (a)   Duty.--An interscholastic, intercollegiate, intramural
21   or club athletic team or sport that is sponsored by a public
22   school entity, a public institution of higher education or a
23   school or institution where students or teams compete against a
24   public school entity or public institution of higher education
25   shall be expressly designated as one of the following based on
26   sex:
27            (1)    Male, men or boys.
28            (2)    Female, women or girls.
29            (3)    Coed or mixed.
30      (b)   Prohibition.--An athletic team or sport designated for

20250HB0158PN0149                      - 2 -
 1   females, women or girls under subsection (a)(2) may not be open
 2   to students of the male sex.
 3      (c)   Limitations on restriction.--Nothing in this section
 4   shall be construed to restrict the eligibility of a student to
 5   participate in an interscholastic, intercollegiate, intramural
 6   or club athletic team or sport designed for the student's sex or
 7   designated coed or mixed.
 8   Section 4.    Protection for educational institutions.
 9      A government entity, licensing or accrediting organization or
10   an athletic association or organization may not entertain a
11   complaint, open an investigation or take other adverse action
12   against a school or institution of higher education for
13   maintaining a separate interscholastic, intercollegiate,
14   intramural or club athletic team or sport for students of the
15   female sex.
16   Section 5.    Cause of action.
17      (a)   Deprivation of opportunity.--A student who is deprived
18   of an athletic opportunity or who suffers a direct or indirect
19   harm as a result of a known violation of section 3 may bring a
20   cause of action for injunctive relief, damages, psychological,
21   emotional and physical harm suffered, attorney fees and costs
22   and any other relief available under law against the school or
23   institution of higher education.
24      (b)   Retaliation.--A student who is subject to retaliation or
25   other adverse action by a school, institution of higher
26   education or athletic association or organization as a result of
27   reporting a violation of section 3 to an employee or
28   representative of the school, institution or athletic
29   association or organization or to any Federal or State agency
30   with oversight of schools or institutions of higher education in

20250HB0158PN0149                     - 3 -
 1   Pennsylvania may bring a cause of action for injunctive relief,
 2   damages, attorney fees and costs and any other relief available
 3   under law against the school, institution or athletic
 4   association or organization.
 5      (c)   School's cause of action.--A school or institution of
 6   higher education that suffers direct or indirect harm as a
 7   result of a violation of section 4 may bring a cause of action
 8   for injunctive relief, damages and other relief available under
 9   law against the government entity, licensing or accrediting
10   organization or athletic association or organization.
11      (d)   Limitation.--A person may not bring a civil action under
12   this section later than two years after the day on which the
13   harm underlying the cause of action occurs.
14   Section 6.   Severability.
15      If a part of this act is found invalid, all valid parts that
16   are severable from the invalid part shall remain in effect. If a
17   part of this act is invalid in one or more of its applications,
18   the part remains in effect in all valid applications that are
19   severable from the invalid applications.
20   Section 7.   Effective date.
21      This act shall take effect in 60 days.




20250HB0158PN0149                   - 4 -