Two Tennessee Republican legislators have filed companion bills banning biological males from competing in women’s collegiate sports.

State Senator Joey Hensley (R-Hohenwald-SD28) and Representative John Ragan (R-Oak Ridge-HD33) filed SB1862 and HB1894 on Thursday. Senator Hensley is a physician who achieved his M.D. at the University of Tennessee-Memphis.

The legislation description says, “AN ACT to amend Tennessee Code Annotated, Title 49, relative to participation in athletics. Education – As introduced, prohibits males from participating in public higher education sports that are designated for females; creates a cause of action for violations that deprive a student of an athletic opportunity or that cause direct or indirect harm to a student at the middle school, high school, or postsecondary level.”

The bills amend Tennessee Code Annotated, Title 49, Chapter 7, Part 1 by adding:

Intercollegiate or intramural athletic teams or sports that are designated for “females,” “women,” or “girls” and that are sponsored, sanctioned, or operated by a public institution of higher education or by a private institution of higher education whose students or teams compete against public institutions of higher education shall not be open to students of the male sex.

Institutions of higher learning are directed to use the sex listed on a person’s original birth certificate. If an original birth certificate is not available, other evidence demonstrating the individual’s sex must be provided.

Collegiate teams that are designated for males, coed, or mixed are not restricted.

Under this legislation, government entities, accrediting or licensing organizations, or athletic associations/organizations are not allowed to:

(1) Accepta complaint, open an investigation, or otherwise take an
adverse action against an institution of higher education for maintaining separate
intercollegiate or intramural athletic teams or sports for students of the female
sex; or
(2) Retaliate or take an adverse action against a student who reports a
violation of this section to an employee or representative of the institution of
higher education, athletic association, or organization, or to a state or federal
agency with oversight of the institution of higher education.

A student, or their legal guardian(s), who miss out on an athletic opportunity because of an institution’s violation of this proposed law would have the opportunity to sue for injunctive relief, damages, and “other relief available under the law.” They would also be entitled to attorney fees and reasonable costs. The lawsuit would need to be filed no later than one year from the date of a violation.

Institutions of higher education in Tennessee also have to adopt and enforce a policy to ensure compliance.

If passed and signed into law, this legislation would go into effect on July 1, 2022.

Senator Hensley sponsored similar legislation in 2021 affecting middle school and high school athletics. That legislation became law.

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Aaron Gulbransen is a reporter at The Tennessee Star and The Star News Network. Email tips to [email protected].