An Act to Ensure Equity and Safety in Athletics, Restrooms,
Maine Legislature, Session 132, LD 0868
Committee: Judiciary
Sponsors: CARUSO, SMITH, MOORE
Amends: 20-A MRSA §14

Legislative Document
No. 868
H.P. 554
House of Representatives, March 4, 2025
An Act to Ensure Equity and Safety in Athletics, Restrooms, 
Changing Rooms and Housing at Elementary, Secondary and 
Postsecondary Schools
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARUSO of Caratunk.
Cosponsored by Representative SMITH of Palermo, Senator MOORE of Washington and
Representatives: EDER of Waterboro, FRIEDMANN of Bar Harbor, HYMES of Waldo, 
POIRIER of Skowhegan, Senators: FARRIN of Somerset, GUERIN of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §14 is enacted to read:
§14.  Designation of athletic teams and use of facilities
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Changing room" means a room or area in which a person may be in a state of 
undress in the presence of others, including a locker room or shower room.
B.  "Covered entity" means a public school, public charter school under chapter 112 or 
public postsecondary education institution.
C.  "Female" means an individual who has, had or will have, or would have but for a 
developmental or genetic anomaly or historical accident, the reproductive system that 
at some point produces, transports and uses eggs for fertilization. 
D.  "Male" means an individual who has, had or will have, or would have but for a 
developmental or genetic anomaly or historical accident, the reproductive system that 
at some point produces, transports and uses sperm for fertilization. 
E.  "Multi-occupancy" means that a space is designed for use by multiple persons 
simultaneously.
F.  "Restroom" means a room that includes one or more toilets or urinals. 
G.  "Sex" means the biological condition of being either male or female, as observed 
or clinically verified at birth.
H.  "Sleeping quarters" means a room with at least one bed and in which more than one 
individual is housed overnight.
2.  Designation of athletic teams.  Interscholastic or intramural athletic teams and 
sports that are sponsored by a covered entity, or by a private school or private 
postsecondary education institution whose students or teams compete against a covered 
entity, must be expressly designated as one of the following based on sex:
A.  "Males," "men" or "boys";
B.  "Females," "women" or "girls"; or
C.  "Coed" or "mixed."
Athletic teams or sports designated as "females," "women" or "girls" may not allow 
participation by students who are males. This section may not be construed to restrict the 
eligibility of any student to participate in any interscholastic or intramural athletic teams or 
sports designated as "males," "men" or "boys" or designated as "coed" or "mixed."
3.  Protection for schools and postsecondary education institutions.  A government 
entity, licensing or accrediting organization or athletic association or organization may not 
entertain a complaint, open an investigation or take any other adverse action against a 
covered entity, private school or private postsecondary education institution for 
maintaining separate interscholastic or intramural athletic teams or sports for students who 
are females.
4.  Safety and privacy in covered entities, restrooms, changing rooms and sleeping 
quarters.  A covered entity shall designate restrooms, changing rooms and sleeping 
quarters in accordance with this subsection.
A.  A covered entity shall designate each multi-occupancy restroom, changing room 
and sleeping quarters within the covered entity for the exclusive use of:
(1)  Females; or
(2)  Males.
B.  Any restroom, changing room or sleeping quarters within a covered entity 
designated for females or males are for use only by members of that sex, and an 
individual may not enter a restroom, a changing room or sleeping quarters designated 
for females or males unless that individual is a member of that sex.
C.  The covered entity shall take reasonable steps to provide individuals with privacy 
in restrooms, changing rooms and sleeping quarters from members of the opposite sex.
D.  This subsection does not apply to an individual who enters a restroom, a changing 
room or sleeping quarters designated for the opposite sex in any of the following 
circumstances:
(1)  To perform custodial services or maintenance;
(2)  To render medical assistance;
(3)  To render assistance, if the individual is a law enforcement officer; or
(4)  To provide services or render aid during a natural disaster, during a declared 
emergency or when necessary to prevent a serious threat to order or safety.
E.  During any activity or event authorized by a covered entity in which students share 
sleeping quarters, a student may not share sleeping quarters with a member of the 
opposite sex unless the individuals are members of the same family, such as a parent, 
guardian, sibling or grandparent.
F.  In any other facility or setting in a covered entity not described in paragraph A or B 
where an individual may be in a state of undress in the presence of others, school 
personnel shall provide separate, private areas designated for use by individuals based 
on their sex, and an individual may not enter these private areas unless that individual 
is a member of the designated sex.
G.  A public postsecondary education institution that offers housing for students shall 
provide students the option to be housed only in a single-sex educational housing space 
with individuals of the same sex.
H.  This subsection may not be construed to prohibit a covered entity from:
(1)  Adopting policies necessary to accommodate persons protected under the 
federal Americans with Disabilities Act of 1990, young children in need of 
assistance or elderly individuals requiring aid;
(2)  Establishing single-occupancy restrooms, changing rooms or sleeping quarters 
or family restrooms, changing rooms or sleeping quarters; or
(3)  Redesignating a multi-occupancy restroom, changing room or sleeping 
quarters designated for exclusive use by one sex to a designation for exclusive use 
by the opposite sex.
5.  Legal remedy; private right of action.  A private civil action may be filed in 
accordance with this subsection.
A.  An individual who is deprived of an athletic opportunity or suffers any direct or 
indirect harm as a result of a knowing violation of subsection 2 has a private cause of 
action against the covered entity, private school or private postsecondary education 
institution.
B.  An individual who, while accessing a restroom or changing room designated for 
use by the individual's sex, encounters another individual of the opposite sex in that 
restroom or changing room has a private cause of action against the covered entity if 
the covered entity:
(1)  Provided the other individual permission to use a restroom or changing room 
of the opposite sex; or
(2)  Failed to take reasonable steps to prohibit the other individual from using the 
restroom or changing room of the opposite sex.
C.  An individual who is required by the covered entity to share sleeping quarters with 
another individual of the opposite sex has a private cause of action against the covered 
entity.
D.  An individual who is subject to retaliation or other adverse action by a covered 
entity, private school, private postsecondary education institution or athletic 
association or organization as a result of reporting a violation of this section to an 
employee or representative of the school or athletic association or organization, or to 
any state or federal agency having oversight of schools in the State, has a private cause 
of action against the school or athletic association or organization.
E.  A covered entity, private school or private postsecondary education institution that 
suffers any direct or indirect adverse action by a government entity, licensing or 
accrediting organization or athletic association or organization as a result of complying 
with this section has a private cause of action against the government entity, licensing 
or accrediting organization or athletic association or organization.
F.  All civil actions brought pursuant to this subsection must be initiated within 2 years 
after the violation occurred. Individuals or organizations that prevail on a claim brought 
pursuant to this subsection are entitled to declaratory and injunctive relief; 
compensatory damages, including for any psychological, emotional or physical harm 
suffered; reasonable attorney's fees and costs; and any other appropriate relief.
SUMMARY
This bill requires that interscholastic and intramural athletic teams or sports that are 
sponsored by public schools, public charter schools, public postsecondary education 
institutions or schools they compete against be designated as male, female or coed.  The 
bill also prohibits students who are male from participating in an athletic team or sport 
designated as a female team or sport.  The bill requires public schools, public charter 
schools and public postsecondary education institutions to designate restrooms, changing 
rooms and sleeping quarters as for use by either only females or only males with limited 
exceptions. The bill provides that an individual may have a private cause of action against 
a public school, public charter school, public postsecondary education institution, private 
school, private postsecondary education institution or athletic association or organization 
under certain circumstances as a result of a knowing violation of these provisions.