Riley Gaines Act

Summary#

This bill, titled the Riley Gaines Act, lets a female student athlete sue an institution of higher education or an athletic association in federal court. A suit is allowed when the school or association negligently or recklessly permits a biologically male student athlete to compete in an athletic competition meant only for female student athletes and a female student athlete is physically injured because of the biologically male athlete's inherent physiological advantages. The bill allows damages, including the value of the loss of a scholarship or a professional opportunity. The court must award a reasonable attorney's fee to a prevailing plaintiff.

What it means for you#

• If you are a female student athlete injured in a female-only competition by a biologically male athlete, you may be able to bring a civil action in federal district court against the institution or athletic association that allowed the participation.
• To win, the plaintiff must show the institution or association acted negligently or recklessly in permitting the biologically male athlete to compete and that the injury resulted from the athlete's inherent physiological advantages.
• If the plaintiff prevails, damages may include the value of lost scholarships or professional opportunities and a reasonable attorney's fee.
• Institutions and athletic associations face potential liability under the circumstances described in the bill.

Expenses#

The bill authorizes awards of damages to injured plaintiffs, including the value of lost scholarships or professional opportunities, and requires courts to award reasonable attorney's fees to prevailing plaintiffs. No publicly available information on projected costs to institutions, athletic associations, or the federal court system.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.