HOUSE MEMORIAL 57
56th legislature - STATE OF NEW MEXICO - first session, 2023
Cathrynn N. Brown and Jenifer Jones and Harlan Vincent and Andrea Reeb and Rod Montoya
RECOGNIZING THE IMPORTANCE OF THE DIFFERENCES BETWEEN BIOLOGICAL MALES AND FEMALES AND SUPPORTING THE REQUIREMENT THAT SCHOOLS PROHIBIT BIOLOGICAL MALE PARTICIPATION ON FEMALE ATHLETIC TEAMS.
WHEREAS, there are only two biological sexes: male and female; and
WHEREAS, a person's biological sex is determined at fertilization and revealed in utero or at birth; and
WHEREAS, biological differences between males and females are genetically determined; and
WHEREAS, characteristic anatomical differences and distinct body types exist between males and females; and
WHEREAS, in United States v. Virginia, 518 U.S. 515 (1966), the United States supreme court explained that there are "inherent differences between men and women" and these differences "remain cause for celebration, but not for denigration of members of either sex or for artificial constraints on an individual's opportunity"; and
WHEREAS, males have typically scored higher than females on tests of endurance, speed and strength, and males have larger body sizes, more skeletal muscle mass, lower body fat percentages and higher delivery of anaerobic and aerobic energy than females; and
WHEREAS, males have higher natural levels of testosterone than females, which result in higher speed and power during physical activity. This leads to a sports performance gap between males and females; and
WHEREAS, courts have recognized that the inherent, physiological differences between males and females result in different athletic capabilities. In Kleczek v. Rhode Island Interscholastic League, Inc., 612 A.2d 734, 738 (R.I. 1992), the Rhode Island supreme court recognized that "because of innate physiological differences, boys and girls are not similarly situated as they enter athletic competition". In Petrie v. Illinois High School Association, 394 N.E.2d 855, 861 (Ill. App. Ct. 1979), the Illinois court of appeals recognized that "high school boys [generally possess physiological advantages] over their girl counterparts" and that those advantages give them an unfair lead over girls in some sports, like high school track; and
WHEREAS, the benefits of natural testosterone provided to male athletes are not diminished through the use of testosterone suppression;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that it be requested to support maintaining separate sex-specific teams because such separation promotes sex equality by providing opportunities for female athletes to demonstrate their skill, strength and athletic abilities while also providing them with opportunities to obtain recognition, accolades, college scholarships and numerous other long-term benefits that flow from success in athletic endeavors.
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