Kentucky Statutes 164.2813 – Postsecondary education institution — Designation of teams — Eligibility to play
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(1) (a) A public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association shall designate all intercollegiate and intramural athletic teams, activities, sports, and events that are sponsored or authorized by the institution as one (1) of the following categories:
1. “Men’s”;
2. “Coed”; or
3. “Women’s.”
(b) 1. A public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association shall prohibit a member of the male sex from competing in any intercollegiate or intramural athletic team, activity, sport, or event designated as “women’s.”
2. Nothing in this section shall be construed to restrict the eligibility of any student to participate in an athletic activity or sport designated as “men’s” or “coed.”
(2) The sex of a student for the purpose of determining eligibility to participate in an athletic activity or sport or to use an athletic facility designated for the exclusive use of a single sex shall be determined by:
(a) A student’s biological sex as indicated on the student’s original, unedited birth certificate issued at the time of birth; or
(b) An affidavit signed and sworn to by a physician, physician assistant, advanced practice registered nurse, or chiropractor under penalty of perjury establishing the student’s biological sex at the time of birth.
(3) A government entity, licensing or accrediting organization, or athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a postsecondary education institution for maintaining a separate interscholastic or intramural athletic team, activity, sport, or event for members of the female sex.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 198, sec. 2, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 198, sec. 3, provides that the Act, which contains this statute and KRS § 156.070, may be cited as the Fairness in Women’s Sports Act.
1. “Men’s”;
Terms Used In Kentucky Statutes 164.2813
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Institution: means a university, college, community college, health technology center, vocational-technical school, technical institute, technical college, technology center, or the Kentucky Community and Technical College System. See Kentucky Statutes 164.001
- Public: means operated with state support. See Kentucky Statutes 164.001
- Statute: A law passed by a legislature.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
2. “Coed”; or
3. “Women’s.”
(b) 1. A public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association shall prohibit a member of the male sex from competing in any intercollegiate or intramural athletic team, activity, sport, or event designated as “women’s.”
2. Nothing in this section shall be construed to restrict the eligibility of any student to participate in an athletic activity or sport designated as “men’s” or “coed.”
(2) The sex of a student for the purpose of determining eligibility to participate in an athletic activity or sport or to use an athletic facility designated for the exclusive use of a single sex shall be determined by:
(a) A student’s biological sex as indicated on the student’s original, unedited birth certificate issued at the time of birth; or
(b) An affidavit signed and sworn to by a physician, physician assistant, advanced practice registered nurse, or chiropractor under penalty of perjury establishing the student’s biological sex at the time of birth.
(3) A government entity, licensing or accrediting organization, or athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a postsecondary education institution for maintaining a separate interscholastic or intramural athletic team, activity, sport, or event for members of the female sex.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 198, sec. 2, effective July 14, 2022.
Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 198, sec. 3, provides that the Act, which contains this statute and KRS § 156.070, may be cited as the Fairness in Women’s Sports Act.