What’s in the Riley Gaines Act?
By a vote of 102 to 54 the Georgia house of Representatives passed “The Riley Gaines Act.”
Since there are sure to be a lot of stories and hot takes on this bill in the media over the coming days, I thought it would be a good exercise to break the bill down, section by section, to explain in plain English what the bill does. This way you can get just the facts about the bill and what it does without speculation or spin.
House Bill 267: Section-by-Section Analysis
Part I – Short Title
- The bill is officially named the “Riley Gaines Act.”
Part II – Public Schools and Postsecondary Institutions
Restroom and Changing Area Policies
- Public schools and postsecondary institutions must designate multiple-occupancy restrooms, locker rooms, and changing areas as either:
- For the exclusive use of males
- For the exclusive use of females
- Schools must provide a single-occupancy restroom or changing area as a reasonable accommodation for any student unwilling or unable to use a designated space.
- Individuals may enter facilities designated for the opposite sex only in specific situations, including:
- Custodial, maintenance, or inspection purposes
- Rendering emergency medical assistance
- Addressing an ongoing emergency such as a physical altercation
- A minor child accompanied by a parent or guardian
- Official duties of coaches or trainers during an athletic event
Overnight School Trips
- Students on overnight school trips must be assigned sleeping quarters based on biological sex.
- Exceptions are made for immediate family members who may share accommodations.
Compliance and Enforcement
- The Professional Standards Commission is authorized to investigate complaints of noncompliance.
- Sanctions may be imposed for violations.
- Parents or legal guardians may file a legal claim against a school or school system if:
- A student encounters a member of the opposite sex in a restroom or changing area due to a school’s permission.
- A student is required to share sleeping quarters with a member of the opposite sex who is not a family member.
Part III – Athletic Participation Policies
Designation of Athletic Teams
- Public schools and postsecondary institutions must classify athletic teams as:
- Male/Men/Boys
- Female/Women/Girls
- Coeducational/Mixed-Sex
Restrictions on Participation
- Males are prohibited from competing on teams designated for females, women, or girls.
- Males cannot occupy roster spots, receive scholarships, or compete in competitions designated for females.
- Schools may allow males to train or practice with female teams only if:
- It does not result in taking a roster spot.
- It does not result in receiving a scholarship.
Legal Recourse
- Any student, parent, school, or athletic association may file a private cause of action if they suffer direct or indirect harm due to:
- A violation of the restrictions on athletic participation
- Retaliation for reporting a violation
Part IV – Definitions and Legal Clarifications
Definition of “Sex” in Georgia Law
- The bill defines “sex” as either male or female, based on biological characteristics observed at or before birth.
- It replaces “gender” with “sex” in all applicable Georgia laws.
Vital Records and Official Documentation
- Any state agency or local government that collects vital statistics must identify individuals as either male or female.
- Birth certificates, driver’s licenses, and other government-issued identification must only list “male” or “female.”
Legal Distinctions Between Male and Female
- The bill updates definitions for terms including:
- Father – defined as a “parent of the male sex.”
- Mother – defined as a “parent of the female sex.”
- Man – defined as an “adult human male.”
- Woman – defined as a “human female.”
Part V – Amendments to Other State Laws
- The bill updates multiple sections of Georgia law to reflect the replacement of “gender” with “sex” in statutes related to:
- Bias crime reporting
- Criminal sentencing for bias-related offenses
- School and collegiate athletics
- Public accommodations
- Vital records and identification documents
- Medical reporting, including organ donor registries
Part VI – Repeal of Conflicting Laws
- Any laws that conflict with the provisions of this act are repealed.
There you have it. No fluff, no spin, just the plain reading of the bill. If I missed something or got it wrong, please feel free to chime in and let me know in the comments. My goal with this post was to be as factual as possible without speculating on what kind of impact it might have. But if you want to share your thoughts on how it would play out once it becomes law, I welcome your thoughts.
