Section 4:442 - Legislative findingsThe legislature finds and declares that:
(1) Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681 et seq., was designed to ensure that women are free from discrimination on the basis of sex in both education and athletics so that women would be afforded the opportunity to compete for athletic scholarships and to potentially launch their own athletic careers after they have completed their education.(2) The United States Supreme Court has recognized that there are "'[i]nherent differences' between men and women", and that these differences "remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity" in United States v. Virginia, et al., 518 U.S. 515, 533 (1996).(3) Inherent differences between men and women range from chromosomal and hormonal differences to physiological differences resulting in men generally having denser and stronger bones, tendons, and ligaments, larger hearts, greater lung volume per body mass, a higher red blood cell count, and higher hemoglobin as well as higher natural levels of testosterone, which affects traits such as hemoglobin levels, body fat content, the storage and use of carbohydrates, and the development of Type II muscle fibers, all of which result in men generally being able to generate higher speed and power during physical activity.(4) The biological differences between females and males, especially as they relate to natural levels of testosterone, explain the male and female secondary sex characteristics which develop during puberty and have lifelong effects, including those most important for success in sports; categorically, they are strength, speed, and endurance generally found in greater degrees in biological males than biological females.(5) While classifications based on sex are generally disfavored, the United States Supreme Court has recognized that sex classifications may be used to compensate women "for particular economic disabilities [they have] suffered," (see Califano v. Webster, 430 U.S. 313, 320 (1977)(per curiam)), to promote equal employment opportunity and "to guarantee women the basic right to participate fully and equally," (see California Fed. Sav. & Loan Assn. v. Guerra, 479 U.S. 272, 289 (1987)), and "to advance full development of the talent and capacities of our Nation's people." (see United States v. Virginia, et al., supra, 518 U.S. 515, 533 (1996)).(6) In furtherance of the goals set forth in United States v. Virginia, et al., 518 U.S. at 533, one area where sex classifications should allow for the "full development of the talent and capacities of our Nation's people" is in the area of sports and athletics.(7) A recent study of female and male Olympic performances found that, although athletes from both sexes improved over the time span, the athletic gender performance gap between female and male performances remained stable. These studies suggest that women's performances at a high level will never match those of men. The evidence is unequivocal that, starting in puberty, in every sport except sailing, shooting, and riding, there will always be significant numbers of boys and men who would prevail over the best girls and women in head-to-head competition. Claims to the contrary are simply a denial of science.(8) Scientific studies have established that the benefits that natural testosterone provides to male athletes is not diminished through the use of testosterone suppression. A recent study on the impact of such treatments found that, even after twelve months of testosterone suppression, the "superior anthropometric, muscle mass, and strength parameters achieved by males at puberty, and underpinning a considerable portion of the male performance advantage over females, are not removed".(9) Having separate sex-specific teams furthers efforts to promote sex equality. Sex-specific teams accomplish this by providing opportunities for female athletes to demonstrate their skill, strength, and athletic abilities while also providing them with opportunities to obtain recognition, accolades, scholarships, better physical and mental health, and the numerous other long-term benefits that flow from success in athletic endeavors.Added by Acts 2022, No. 283,s. 1, eff. 8/1/2022.