79-3802. Legislative findings and declarations.

321 words·~1 min read·/ne/chapter-79/79-3802

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Legislature finds and declares that:

(1)Males and females possess unique and immutable differences that manifest prior to birth and increase as they age and experience puberty;

(2)Differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic, or other spaces in order to ensure safety and to allow members of each sex to succeed and thrive;

(3)Physical differences between males and females have long made separate and sex-specific sports teams important so that female athletes can have equal opportunities to compete in sports while reducing the risk of physical injury;

(4)Physical advantages for males relevant to sports include, on average, a larger body size with more skeletal muscle mass, a lower percentage of body fat, and a greater maximal delivery of anaerobic and aerobic energy;

(5)Even at young ages, males typically score higher than females on cardiovascular endurance, muscular strength, muscular endurance, and speed and agility. These differences become more pronounced during and after puberty as males produce higher levels of testosterone. On average, male athletes are bigger, faster, stronger, and more physically powerful than their female counterparts. This results in a significant sports performance gap between the sexes;

(6)Testosterone provides benefits in relation to athletic performance;

(7)Studies have shown that the benefits that natural testosterone provides to male athletes are not significantly diminished through the use of testosterone suppression. Testosterone suppression in males does not result in a level playing field between male and female athletes; and

(8)Because of the physical differences between males and females, having separate athletic teams based on the sex of the athlete reduces the chance of injury to female athletes, promotes equality between the sexes, provides opportunities for female athletes to compete against their female peers rather than against male athletes, and allows female athletes to compete on a fair playing field for scholarships and other athletic accomplishments.