Designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants, the official text

2025 - 2026 LEGISLATURE
LRB-0880/2
ARG:cdc

2025 ASSEMBLY BILL 102
March 3, 2025 - Introduced by Representatives Dittrich, Knodl, Allen, Armstrong, Behnke, Brooks, Callahan, Donovan, Duchow, Goeben, Green, Gundrum, Gustafson, B. Jacobson, Kreibich, Krug, Maxey, Moses, Murphy, Mursau, Nedweski, O'Connor, Penterman, Piwowarczyk, Sortwell, Steffen, Tusler, VanderMeer and Wichgers, cosponsored by Senators Hutton, Felzkowski, Feyen, Jacque, Kapenga, Nass, Quinn, Testin, Tomczyk and Wanggaard. Referred to Committee on Colleges and Universities.

An Act to amend 36.12 (1) and 38.23 (1); to create 36.25 (58) and 38.12 (15) of the statutes; relating to: designating University of Wisconsin and technical college sports and athletic teams based on the sex of the participants.

Analysis by the Legislative Reference Bureau
This bill requires each University of Wisconsin institution and technical college that operates or sponsors an intercollegiate or club athletic team or sport to designate the athletic team or sport as one of the following based on the sex of the participating students: 1) males or men; or 2) females or women. The bill defines “sex” as the sex determined by a physician at birth and reflected on the birth certificate. The bill also requires a UW institution or technical college to prohibit 1) a male student from participating on an athletic team or in a sport designated for females, and 2) a male student from using locker rooms designated for females.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 36.12 (1) of the statutes is amended to read:
36.12 (1) No Except as provided in s. 36.25 (58), no student may be denied
admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the system or its institutions because of the student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.
Section 2. 36.25 (58) of the statutes is created to read:
36.25 (58) Intercollegiate or club sports; designation by sex. (a) In this subsection, “sex” means the sex determined by a physician at birth and reflected on the birth certificate.
(b) An institution that operates or sponsors an intercollegiate or club athletic team or sport shall do all of the following:
1. Expressly designate the athletic team or sport as one of the following based on the sex of the participating students:
a. Males or men.
b. Females or women.
2. Prohibit students of the male sex from participating on an athletic team or in a sport that is designated for females or women under subd. 1.
3. Prohibit students of the male sex from using locker rooms designated for females.
(c) 1. A student of the female sex who is deprived of the opportunity to participate in a sport or on an athletic team or who suffers any direct or indirect harm as the result of a violation of par. (b) 2. may bring a cause of action against the institution for injunctive relief, damages, and any other relief available under law.
2. A student of the female sex who is subject to retaliation or other adverse
action by an institution or athletic association or organization, as a result of reporting a violation of par. (b) 2. to an employee or representative of the institution or athletic association or organization or to any state or federal agency with oversight over the institution, may bring a cause of action against the institution or athletic association or organization for injunctive relief, damages, and any other relief available under law.
3. An institution that suffers any direct or indirect harm by a licensing or accrediting organization or an athletic association or organization as a result of compliance with par. (b) 2. may bring a cause of action against the licensing or accrediting organization or the athletic association or organization for injunctive relief, damages, and any other relief available under law.
Section 3. 38.12 (15) of the statutes is created to read:
38.12 (15) Intercollegiate or club sports; designation by sex. (a) In this subsection, “sex” means the sex determined by a physician at birth and reflected on the birth certificate.
(b) A district board that operates or sponsors an intercollegiate or club athletic team or sport shall do all of the following:
1. Expressly designate the athletic team or sport as one of the following based on the sex of the participating students:
a. Males or men.
b. Females or women.
2. Prohibit students of the male sex from participating on an athletic team or in a sport that is designated for females or women under subd. 1.

3. Prohibit students of the male sex from using locker rooms designated for females.
(c) 1. A student of the female sex who is deprived of the opportunity to participate in a sport or on an athletic team or who suffers any direct or indirect harm as the result of a violation of par. (b) 2. may bring a cause of action against the district board for injunctive relief, damages, and any other relief available under law.
2. A student of the female sex who is subject to retaliation or other adverse action by a district board or athletic association or organization, as a result of reporting a violation of par. (b) 2. to an employee or representative of the district board or athletic association or organization or to any state or federal agency with oversight over the district board, may bring a cause of action against the district board or athletic association or organization for injunctive relief, damages, and any other relief available under law.
3. A district board 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 par. (b) 2. 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.
Section 4. 38.23 (1) of the statutes is amended to read:
38.23 (1) No Except as provided in s. 38.12 (15), no student may be denied admission to, participation in or the benefits of, or be discriminated against in any service, program, course or facility of the board or any district because of the
student’s race, color, creed, religion, sex, national origin, disability, ancestry, age, sexual orientation, pregnancy, marital status or parental status.
Section 5. Initial applicability.
(1) This act first applies in the first semester or session beginning after the effective date of this subsection.
(end)