State by State · Law protects girls’ sports in K-12 and colleges
North Dakota protects girls' and women's teams in K-12 schools and colleges under two 2023 laws, and girls who lose a spot to a male can sue. The governor had vetoed a similar bill in 2021.
The law in North Dakota
Law in force · Covers K-12 and colleges
Past attempts
- 2021: HB 1298 (sex-exclusive athletic events) vetoed by Gov. Burgum; the veto was sustained (ND Legislature).
The law in detail, with sources
The law
HB 1249 (K-12, NDCC chapter 15.1-39) and HB 1489 (college, NDCC chapter 15-10.6). Gov. Burgum signed both on Apr 11, 2023, and both took effect Aug 1, 2023 (HB 1249 overview; HB 1489 overview; Grand Forks Herald).
Who it covers
HB 1249 covers interscholastic and intramural teams at public schools and at not-for-profit nonpublic schools that compete against public schools (NDCC 15.1-39). HB 1489 covers teams at institutions of higher education (HB 1489 overview).
Notes
The law defines sex as “the biological state of being female or male, based on an individual’s nonambiguous sex organs, chromosomes, or endogenous hormone profile at birth.” Government bodies, accreditors and athletic associations may not investigate or punish a school for keeping girls’ teams female. Students and schools may sue, within two years, for damages and attorney fees (NDCC 15.1-39). Burgum said HB 1249 put into law rules the North Dakota High School Activities Association adopted in 2022 (Grand Forks Herald). We found no court challenge.