North Dakota Governor Signs Bills Keeping Biological Males Out of Female Sports

North Dakota Governor Doug Burgum signed two bills on Tuesday, keeping biological males out of female sports teams in public K-12 schools and colleges or competing with public schools and universities.

The new laws, HB 1249 (pdf) for schools and HB 1489 (pdf) for colleges, also allow civil lawsuits within two years from when the harm occurred. “A person that prevails on a claim brought pursuant to this section is entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorneys’ fees and costs, and any other appropriate relief,” it wrote.

The new laws also prohibit retaliation on students who report a violation.

“Thoughtful debate over policy in this area should involve the pursuit of two goals: to continue to ensure fairness in North Dakota girls’ sports and demonstrate compassion and understanding for all North Dakota youth,” said Burgum in a statement emailed to The Epoch Times.

“North Dakota continues to have a level playing field and fairness in girls’ sports. Over the past two years, with more than 27,000 students participating in North Dakota high school sports under current NDHSAA [North Dakota High School Activities Association] rules, there still has not been a single recorded incident of a transgender girl playing or entering the process to even ask to play on a North Dakota girls’ team,” he continued.

One change he noted was that the appeal process has shifted from NDHSAA to the courts, according to the new laws. He also said that the concern that these new laws would jeopardize North Dakota’s ability to host regional and national collegiate competitions didn’t happen in the about 20 states that had passed similar legislation.

Christiana Kiefer, a senior counsel at the Alliance Defending Freedom, a conservative Christian legal advocacy group, welcomed Burgum’s actions in protecting female athletes from having to compete with biological males.

“Girls deserve equal opportunities to experience the thrill of victory. We commend North Dakota for becoming the twenty-first state to ensure women and girls can compete on a level playing field,” she said in an emailed statement to The Epoch Times.

“As we continue to witness increasing incidents nationwide of males dominating girls’ athletic competitions, it’s imperative to affirm that biology, not identity, is what matters in athletics,” she added. “We are grateful to Gov. Burgum, Rep. Ben Koppelman, and the North Dakota Legislature for enacting these critical protections. Thanks to their strong stand, North Dakota’s female athletes from grade school to college will not face the losses that come with allowing males to compete in women’s sports.”

Cody Schuler, advocacy manager for the American Civil Liberties Union (ACLU) of North Dakota, said the two laws “codify discrimination.” “These bills are not about leveling the playing field for student athletes. They’re about erasing and excluding trans people from participation in all aspects of public life,” he said in a statement.

With the new laws, North Dakota joins 19 other states, including Florida, Texas, Arizona, and neighboring South Dakota and Montana. Such state laws directly challenge the new Title IX rule the Biden administration announced last week. The new rule would make school policies illegal if they “categorically ban transgender students from participating on sports teams consistent with their gender identity.”