Riley Gaines Act
- Sponsor
- Rep. McGuire, John J. [R-VA-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Feb 4, 2026
Bottom line
The bill creates a new federal cause of action allowing female athletes to sue for damages if they are harmed by biologically male competitors in women's sports.
What it actually does
This bill, known as the "Riley Gaines Act," authorizes female student athletes to file civil lawsuits for damages against institutions of higher education or athletic associations. These lawsuits can be brought if the institution or association negligently or recklessly allows a biologically male student athlete to compete in a female-only athletic competition, and a female student athlete is physically injured due to the inherent physiological advantages of the biologically male athlete. Damages can include the loss of scholarships or professional opportunities.
Proponents argue
Supporters argue this bill is necessary to protect the integrity of women's sports and ensure fair competition for female athletes. They contend that allowing biologically male athletes to compete in women's categories undermines the achievements of female athletes and poses a risk of physical injury due to inherent physiological differences. Proponents believe this legislation provides a crucial legal recourse for female athletes who may lose opportunities or suffer harm.
Opponents contend
Opponents would likely argue that this bill is discriminatory and targets transgender athletes, potentially violating existing civil rights protections. They might contend that it could lead to complex and invasive legal battles over biological definitions and athletic eligibility, creating a hostile environment for all athletes. Critics may also argue that existing protections are sufficient or that such legislation is an overreach into collegiate sports governance.
The bill is very short and can be read quickly, making it accessible for immediate evaluation.
Section 2(a)
Authorization of Civil Action for Harm Caused by Biologically Male Athletes in Female Competitions
This section establishes a new federal cause of action, allowing a female student athlete to sue an institution of higher education or an athletic association. The lawsuit can proceed if the institution or association negligently or recklessly permits a biologically male student athlete to compete in a female-only athletic event, and the female athlete suffers physical injury due to the biologically male athlete's inherent physiological advantages. Damages can include compensation for physical injury and the value of lost scholarships or professional opportunities.
Supporters argue
Supporters argue this provision is essential to restore fairness and safety in women's sports, ensuring that female athletes are not disadvantaged by competing against individuals with inherent biological advantages. They believe it provides a necessary deterrent for institutions that might otherwise ignore the concerns of female athletes.
Critics contend
Opponents would contend that this provision is discriminatory and could lead to harmful legal challenges against transgender athletes. They might argue that it creates a chilling effect, forcing institutions to exclude transgender women from sports and potentially violating their rights.
Tradeoffs
The bill navigates the tension between protecting opportunities for cisgender female athletes and ensuring inclusivity for transgender athletes. It prioritizes the former by creating a legal mechanism to challenge the inclusion of biologically male athletes in female sports, potentially at the expense of transgender inclusion.
Section 2(b)
Attorney's Fees for Prevailing Plaintiff
This subsection mandates that if a female student athlete wins a civil action brought under this Act, the court must award her reasonable attorney's fees. This provision aims to reduce the financial barrier for plaintiffs to pursue legal action.