AB 196 - Prohibits Transgender Athletes from Participating on Sports Teams that do not Match their Birth Gender - Wisconsin Key Vote

Stage Details

Title: Prohibits Transgender Athletes from Participating on Sports Teams that do not Match their Birth Gender

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Title: Prohibits Transgender Athletes from Participating on Sports Teams that do not Match their Birth Gender

Vote Smart's Synopsis:

Vote to pass a bill that prohibits transgender athletes from participating on sports teams that do not match their birth gender.

Highlights:

  • Defines “sex” as the sex assigned at birth by a physician (Sec. 2).

  • Defines an “educational institution” as a school board, operator of a charter school authorized under s. 118.40 (2r) or (2x), and governing body of a private school participating in a program under s. 118.60 or 119.23 (Sec. 2).

  • Establishes that no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability (Sec. 1).

  • Requires that each school board, independent charter school, and private school participating in a parental choice program that operates or sponsors an interscholastic, intramural, or club athletic team or sport to designate the athletic team or sport as falling into one of three following categories based on the sex of the participating pupils (Sec. 1):

    • Participants who are males, men, or boys;

    • Participants who are females, women, or girls; or 

    • Coed or participants of both sexes.

  • Requires an educational institution to prohibit a male from participating on an athletic team or in an athletic sport designated for females, women, or girls (Sec. 2).

  • Requires an educational institution to notify pupils and parents if an educational institution intends to change a designation for an athletic team or sport by providing written notification of the change to pupils who are eligible under both the previous and current designation to participate in the athletic sport or on the athletic team and to the parents or guardians of those pupils (Sec. 2).

  • Requires that an educational institution that operates or sponsors an interscholastic, intramural, or club athletic team or sport expressly designate the athletic team or sport based on the sex of the participating pupils as either males (men or boys), females (women or girls), or coed (mixed-sex) (Sec. 2).

  • Specifies that a pupil who is deprived of the opportunity to participate in an athletic sport or on an athletic team or who suffers any direct or indirect harm as the result of a violation of this section may bring a cause of action against an educational institution for injunctive relief, damages, and any other relief available under law (Sec. 2).

  • Establishes that a pupil who is subject to retaliation or other adverse action by an educational institution or athletic association or organization, as a result of reporting a violation of this section to an employee or representative of the educational institution or athletic association or organization or any state or federal agency with oversight over the educational institution, may bring a cause of action against the educational institution or athletic association or organization for injunctive relief, damages, and any other relief available under law (Sec. 2).

  • Specifies that an educational institution that suffers any direct or indirect harm by a governmental entity, licensing or accrediting organization, or athletic association or organization as a result of compliance with this section may bring a cause of action against the governmental entity, licensing or accrediting organization, or athletic association or organization for injunctive relief, damages, and any other relief available under law (Sec. 2).

Title: Prohibits Transgender Athletes from Participating on Sports Teams that do not Match their Birth Gender

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