Senate committee advances bill restricting intercollegiate athletics by sex, adds cap on government liability

The Senate Committee of the Whole advanced Senate File 44 on Jan. 20. The bill would require students at the University of Wyoming and Wyoming community colleges to compete in intercollegiate athletic competitions based on the sex indicated on their official birth certificate or equivalent government record.

Sponsor Senator Schuler explained the bill as an extension of state policy that previously covered grades 7–12 and said the change addresses fairness and safety concerns in collegiate competition. “We want to make sure our female athletes … have the ability to compete against other females,” he said, adding that Title IX protections for women’s sports motivated the work.

The committee adopted a standing committee amendment to clarify the bill’s focus by inserting the word “intercollegiate.” A second Committee of the Whole amendment limited government liability for violations to amounts consistent with the Governmental Claims Act—specifically capping recoverable damages at $50,000—so that any private right of action against an educational institution would follow existing state liability limits. The amendment’s sponsor said the change was intended to protect taxpayers from open‑ended exposure while preserving a private cause of action.

Opponents urged caution; several members noted the diversity of fact patterns across sports and institutions and warned of potential constitutional or equal‑protection challenges. Senator Rothfuss and others asked whether a single statewide rule is preferable to association‑level (NJCAA/NCAA) solutions and questioned how the state would implement and verify eligibility (for example, through birth certificates or other government records).

The Committee of the Whole voted to report the bill with amendments and recommended it do pass. The bill now returns to the Senate for second reading and further floor debate.