I think in the eyes of the law they would be considered the same thing. It certainly would be an interesting proceeding. However, I doubt that the nuances understood by those intimate with the two games would be considered. Regardless you cannot by gender subject one group to a law and not the other.
If such legislation were to be passed I think there would be numerous folks prepared to challenge it in the courts.
In boys' lacrosse, they wear helmets. My buddy's daughter suffered a concussion, because in girls' lacrosse they don't. Same sport, different kids. OTOH, baseball and softball are substantially different at the HS level. I don't disagree that it would be an interesting legal proceeding.