Fairness in Sports Act
Purpose:
To promote equity, inclusion, and fair competition in sports by creating transgender-specific sports teams across all levels, including schools, colleges, professional leagues, and recreational programs, while preserving the integrity of women’s sports.
Section 1: Short Title
This Act may be cited as the “Fairness in Sports Act.”
Section 2: Findings
Congress finds the following:
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Participation in sports is vital for physical health, mental well-being, and community engagement.
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Transgender athletes face barriers to participation in sports, which can be addressed by creating dedicated transgender teams.
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Women’s sports were established to provide equitable opportunities for female athletes, which must be protected to ensure fair competition.
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Establishing transgender-specific sports teams creates opportunities for inclusion while maintaining the integrity of women’s sports.
Section 3: Definitions
For the purposes of this Act:
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“Transgender” refers to individuals whose gender identity differs from the sex assigned to them at birth.
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“Transgender Sports Team” refers to a team specifically designated for athletes who identify as transgender.
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“Athletic Organization” includes but is not limited to school districts, collegiate athletic conferences, professional sports leagues, and recreational sports organizations.
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“Women’s Sports” refers to sports teams or divisions designated exclusively for cisgender female athletes.
Section 4: Establishment of Transgender Sports Teams
(a) Mandate for Educational Institutions:
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All primary, secondary, and post-secondary schools receiving federal funding shall create transgender sports teams for any sport offered at their institution.
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Transgender teams shall compete against other transgender teams at local, state, and national levels, forming leagues parallel to existing men’s and women’s leagues.
(b) Recreational and Professional Leagues:
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Federally funded recreational programs shall establish transgender divisions or adapt existing ones to include transgender teams.
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Professional sports leagues are encouraged, through federal tax incentives, to establish transgender leagues or divisions where applicable.
Section 5: Prohibition on Participation in Women’s Sports
(a) Eligibility for Women’s Sports:
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Only individuals who are biologically female, as determined by birth certificate or equivalent medical documentation, shall be eligible to compete in women’s sports teams or leagues.
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Transgender individuals may participate in co-ed, men’s, or transgender teams based on their identity and the availability of such teams.
(b) Enforcement Mechanisms:
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Schools, colleges, and athletic organizations found in violation of this policy shall forfeit federal funding related to their athletic programs.
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Compliance reviews shall be conducted by the Department of Education and relevant athletic oversight bodies.
Section 6: Funding and Grants
(a) Grant Program for Transgender Teams:
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The Department of Education shall establish a grant program to assist schools and organizations in creating transgender sports programs.
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Grants will cover costs such as facilities, uniforms, training, travel expenses, and administrative support.
(b) Support for Professional and Recreational Leagues:
- The Department of Health and Human Services shall offer financial incentives to professional leagues and non-profit recreational organizations to establish inclusive transgender leagues.
Section 7: Non-Discrimination Clause
(a) Protection of Transgender Athletes:
No person shall be excluded from participating in sports programs receiving federal funding solely based on their transgender status, provided they compete within the appropriate team or division.
(b) Anti-Harassment Policies:
Schools and organizations must implement anti-discrimination and anti-harassment policies to protect transgender athletes from abuse or mistreatment.
Section 8: Oversight and Reporting
(a) Annual Reporting Requirements:
The Department of Education and Department of Health and Human Services shall submit annual reports to Congress on the establishment and participation rates of transgender sports programs.
(b) Compliance Monitoring:
An independent advisory committee shall be established to monitor compliance with this Act and recommend improvements where necessary.
Section 9: Public Awareness Campaign
The Department of Education shall collaborate with athletic organizations and advocacy groups to promote the creation of transgender sports teams and educate the public on the importance of preserving fairness in women’s sports.
Section 10: Severability Clause
If any provision of this Act, or its application, is held invalid, the remainder of the Act and its application shall not be affected.
Section 11: Effective Date
This Act shall take effect one year after its enactment to allow institutions and organizations sufficient time for implementation.
This legislation balances the creation of opportunities for transgender athletes with measures to ensure fair competition and equal opportunities for women in sports.