HB4027 104TH GENERAL ASSEMBLY

LRB104 12725 LNS 23679 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4027

Introduced 3/19/2025, by Rep. Tom Weber

SYNOPSIS AS INTRODUCED:

105 ILCS 25/1.30 new

Amends the Interscholastic Athletic Organization Act. Provides that a public school or public postsecondary educational institution that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes. Provides that a school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport. Provides that a school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as (i) for males, men, or boys; (ii) for females, women, or girls; or (iii) coeducational or mixed. Provides that a school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls. Provides that a school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow certain actions. Provides that a governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with the amendatory provisions. Provides for private causes of action. Makes other changes.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Riley Gaines Act.

Section 5. Findings. The General Assembly makes all of the following findings:

(1) The term "sex" refers to an individual's biological sex, either male or female. An individual's sex can be observed or clinically verified at or before birth, and in no case is an individual's sex determined by stipulation or self-identification.

(2) With respect to sex, the term "equal" does not mean same or identical.

(3) With respect to sex, separate accommodations are not inherently unequal.

(4) An individual born with a medically verifiable diagnosis of disorder or differences in sex development shall be provided any available legal protections and accommodations afforded under the federal Americans with Disabilities Act of 1990 and any applicable State law.

(5) Laws and rules that distinguish between the sexes are subject to intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair discrimination against similarly situated male and female individuals but allows the law to distinguish between the sexes if such distinctions are substantially related to an important government objective.

(6) Notwithstanding any provisions of State law to the contrary, distinctions between the sexes with respect to athletics that result in separate accommodations are substantially related to the important governmental objectives of protecting the health, safety, and privacy of individuals in such circumstances.

Section 15. The Interscholastic Athletic Organization Act is amended by adding Section 1.30 as follows:

(105 ILCS 25/1.30 new)

Sec. 1.30. Equal opportunities for both sexes; single-sex teams.

(a) As used in this Section:

"Athletic association" means any governing body for an athletic competition or sport or any organization of athletic conferences.

"Athletic event" means any contest, game, jamboree, scrimmage, tournament, showcase, or tryout related to a sport or physical activity.

"Competition" means an athletic event after which (i) a team or individual is designated as a winner, (ii) roster spots are determined, or (iii) prizes are awarded.

"Female" means an individual who has, had, or will have the reproductive system capable of the generation, migration, and utilization of eggs for fertilization or would have such capabilities but for a developmental or genetic anomaly or historical accident.

"Male" means an individual who has, had, or will have the reproductive system capable of the generation, migration, and utilization of sperm for fertilization or would have such capabilities but for a developmental or genetic anomaly or historical accident.

"Participant" means a student who is participating in an athletic event.

"Sex" means an individual's biological sex, either male or female, that can be observed or clinically verified at or before birth and is not determined by stipulation or self-identification.

"School" means a public school or public postsecondary educational institution.

"Team" means any individual or group of people who compete in athletic events for the same organization, school, club, or cause.

(b) A school that offers, operates, or sponsors interscholastic or intercollegiate athletics shall provide equal athletic opportunities for members of both sexes.

(c) A school may operate or sponsor single-sex teams if the selection for such teams is based upon competitive skill or the activity involved is a contact sport.

(d) A school that participates in competitions or athletic events with or against other schools shall designate each team, competition, or athletic event as one of the following categories:

(1) for males, men, or boys;

(2) for females, women, or girls; or

(3) coeducational or mixed.

(e) A school or athletic association that is participating in a competition or an athletic event with or against another school that operates, sponsors, or permits athletic events or competitions may not allow any male to compete for, against, or with a team designated for females, women, or girls.

(f) A school or athletic association that operates, sponsors, or permits athletic events or competitions may not allow the following:

(1) any male to occupy a roster spot on any team designated for females, women, or girls; or

(2) any male to receive a scholarship designated for female athletes.

(g) The biological sex listed on a participant's birth certificate may be relied on to establish the participant's eligibility for athletic activities under this Section if the sex designated on the birth certificate was designated at or near the time of the participant's birth.

(h) Nothing in this Section may be construed to authorize a school or athletic association to verify or confirm a participant's sex through visual inspection of a participant's external sex organs for purposes of participation in athletic events. This subsection (h) does not prohibit reliance on medical records or other standard, school medical procedures for verification.

(i) Nothing in this Section prohibits a school or athletic association from allowing males to practice or train with teams designated for females, women, or girls if the male players do not take a roster spot, an opportunity to compete, a scholarship, or a spot at the school from any female.

(j) A governmental entity, licensing or accrediting organization, athletic association, or school may not consider a complaint, open an investigation, or take adverse action against a school for complying with this Section.

(k) An individual who is deprived of an athletic opportunity or who suffers or will suffer direct or indirect harm resulting from a violation of this Section may bring a private cause of action for injunctive relief, compensatory damages, and attorney's fees against the violating entity.

(l) A school or athletic association that suffers or will suffer direct or indirect harm as a result of a violation of this Section may bring a private cause of action against the violating entity for injunctive relief and compensatory damages.

(m) An individual or team subjected to retaliation or other adverse actions as a result of reporting a violation of this Section to an employee or representative of a school or athletic association or a State or federal governmental entity with oversight authority may bring a private cause of action against the retaliating entity for injunctive relief, damages, and any other available relief.

(n) An action brought under this Section shall be commenced within one year after the event giving rise to the complaint.