Terms Used In Louisiana Revised Statutes 4:446

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

            A. A biological female student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this Chapter may assert that violation as a cause of action for remedies provided for in Subsection E of this Section. Requiring a biological female to compete against a biological male on a team that is designated as a “female”, “girls”, or “womens” team is inherently discriminatory to biological females and is a cognizable harm to biological females under this Chapter.

            B. A biological female student who is subjected to retaliation or other adverse action by a school, athletic association, or other organization as a result of reporting a violation of this Chapter to an employee or representative of the school, athletic association, or to any local, state, or federal agency with oversight of schools shall have a cause of action for remedies provided for in Subsection E of this Section.

            C. For purposes of this Chapter, the designation of “female” entered on the student’s official birth certificate at or near the time of the student’s birth creates a rebuttable presumption that the student’s biological sex is female.

            D. A school, school coach, school employee, school board, school board employee, school board member, postsecondary education board, or postsecondary education board member who suffers any direct or indirect harm for prohibiting a biological male from participating in a female, girls, or womens athletic team or sporting event pursuant to the requirements of this Chapter shall have a cause of action for remedies provided for in Subsection E of this Section.

            E. Any person who brings a cause of action pursuant to this Chapter may obtain appropriate relief including but not limited to:

            (1) Injunctive relief, protective order, writ of mandamus or a prohibition, or declaratory relief to prevent any violation of this Chapter.

            (2) Actual damages, reasonable attorney fees, and costs.

            F. All civil actions under this Chapter shall be initiated within two years from the date that the harm occurred.

            Acts 2022, No. 283, §1.

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