NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7741
SPONSOR: Bailey TITLE OF BILL:
An act to amend the education law, in relation to protecting women
sports from unfair competition
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to protect women's sports from unfair
competition.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends the education law by adding a new section
3229 which reads as follows:
"Female sports. Notwithstanding any general, special, local law or rule
or regulation of the education department to the contrary, an interscho-
lastic or intramural athletic team or sport that is sponsored by a
public school or a private school for students in grades seven through
twelve, which competes against other public or private middle or high
schools, shall not permit persons other than those assigned female at
birth to join such team or participate in such sport if such athletic
team or sport is expressly designated solely for female athletes."
JUSTIFICATION:
The research regarding the performance and physiological differences
between biological men and women is clear and unequivocal. Biological
disparities and testosterone in biological men pose insurmountable
barriers for biological women competing against men in sports. Accord-
ing to a study at the Karolinska Institute and. University of Manches-
ter, testosterone suppression very minimally curtailed physical advan-
tages far biological men Over their biologically female counterparts.
New York Times author Doriane Lambelet Coleman concluded that these
elevated testosterone levels in biological men affect hemoglobin levels,
body fat content, storage and use of carbohydrates, and the development
of Type 2 muscle fibers, which all induce higher speed and power during
physical activity.
Women have been fighting for equal opportunity in sports for decades and
have made some remarkable progress in limiting discrimination on the
basis of sex, including the passage of Title IX in 1972. However, in
recent years, transgender biological men have been competing in women's
sports, even though their inherent biological differences give them an
Unfair competitive advantage. For example, Chelsea Mitchell lost the
2019 Connecticut state championship in women's 55-meter indoor track
competition to two biologically male competitors, She is not alone in
this heartbreak.
This legislation is necessary in ensuring fair and equal opportunity for
women in sports is maintained by ensuring a level playing field.
PRIOR LEGISLATIVE HISTORY:
A.6124 2023/2024 - Referred to Education
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
The bill shall take effect on the first of July next succeeding the date
on which it shall have become .a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
7741
2025-2026 Regular Sessions
IN ASSEMBLY
April 8, 2025
___________
Introduced by M. of A. BAILEY, MOLITOR -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to protecting women
sports from unfair competition
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 3229
2 to read as follows:
3 § 3229. Female sports. Notwithstanding any general, special, local law
4 or rule or regulation of the education department to the contrary, an
5 interscholastic or intramural athletic team or sport that is sponsored
6 by a public school or a private school for students in grades seven
7 through twelve, which competes against other public or private middle or
8 high schools, shall not permit persons other than those assigned female
9 at birth to join such team or participate in such sport if such athletic
10 team or sport is expressly designated solely for female athletes.
11 § 2. This act shall take effect on the first of July next succeeding
12 the date on which it shall have become a law. Effective immediately, the
13 addition, amendment and/or repeal of any rule or regulation necessary
14 for the implementation of this act on its effective date are authorized
15 to be made and completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04929-01-5
