Relating to definitions used in state law; to provide legislative findings; to define terms and resolve potential ambiguities in existing state law and regulations; and to make technical revisions to update the existing code language to current style.

Whereas, in human beings, there are two—and only two—sexes: male and female, which refer to the two body structures (phenotypes) that, in normal development, correspond to one or the other gamete—sperm for males and ova for females;

Whereas, every individual is either male or female;

Whereas, an individual’s sex can be observed or clinically verified at or before birth;

Whereas, rare disorders of sexual development are not exceptions to the binary nature of sex;

Whereas, in no case is an individual’s sex determined by stipulation or self-identification;

Whereas, there is increasing confusion about the definition and implications of sex as a biological truth and its relationship to concepts and terms including but not limited to sex assigned at birth, gender, gender identity, gender role, gender expression, and experienced gender;

Whereas, confusion and ambiguities surrounding the definitions of sex, male, female, and related terms can hinder individual efforts to enjoy equal treatment under the law;

Whereas, legal equality of the two sexes—male and female—does not imply that the sexes are identical to each other or are the same in every respect;

Whereas, with respect to the two sexes—male and female—separate facilities or sports leagues established because of or organized according to physical differences between the sexes do not constitute unequal treatment under the law; 

Whereas, physical differences between males and females are enduring, and the two sexes are not fungible;

Therefore, it is the intent of the legislature of this state/commonwealth to clarify and reconcile the meaning of sex, male, female, and related terms in state laws, administrative rules, and guidelines.

PROVISIONS

Be it enacted that for the purposes of the laws, administrative rules, and guidelines of the state/commonwealth of __________:

1. An individual’s sex refers to whether someone is male or female, which is distinguished based on the type of gamete (sperm or eggs) that individual is capable of or expected to produce, as dictated by his or her primary sexual anatomy. Because there are only two types of gamete (sperm and ova), with two corresponding reproductive systems, there are only two sexes—male and female. An individual’s sex is rooted in reproductive anatomy and is in no way influenced or defined by one’s psychological state, behavior, expression, or personal identity.
2. The female sex is characterized by a reproductive system with the biological function of producing eggs (ova).
3. The male sex is characterized by a reproductive system with the biological function of producing sperm.
4. When used to refer to a natural person, a female is defined as an individual who naturally has, had, will have, or would have—but for a congenital anomaly or intentional or unintentional disruption—the reproductive system that produces, transports, and utilizes the large gamete (ova) for fertilization.^[1]
5. When used to refer to a natural person, a male is defined as an individual who naturally has, had, will have, or would have—but for a congenital anomaly or intentional or unintentional disruption—the reproductive system that produces, transports, and utilizes the small gamete (sperm) for fertilization.^[2]
6.  A woman is defined as an adult human female.
7. A girl is defined as a minor human female.
8.  A man, except when used as a generic reference to human beings, is defined as an adult human male.
9. A boy is defined as a minor human male. 
10. A mother is defined as a female parent.
11. A father is defined as a male parent.
12. Gender, when used alone to refer to males, females, or the natural differences between males and females:
    (a) shall be considered a synonym for sex, and
    (b) shall not be considered a synonym or short-hand expression for gender identity, experienced gender, gender expression, or gender role.
    This definition shall not apply when the term gender is used in conjunction with other words or as an adjective to modify other words, or when context or explicit definition in pre-existing state law, administrative rules, or guidelines indicates otherwise.
13. Gender identity, if used in state law, administrative rules, or guidelines, shall not be considered a synonym or substitute for sex or gender.

[OPTIONAL] PROVISION FOR INDIVIDUALS WITH A DSD

The foregoing definitions of “sex,” “male,” and “female” do not preclude the reasonable accommodation of persons with a congenital and physically verifiable diagnosis of a “DSD”—sometimes referred to as a “disorder of sex development” or “difference in sex development.”

SEVERABILITY

If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

ENDNOTES:

^[1] Or, “a reproductive system organized around the production of large gametes (eggs).”

^[2] Or, “a reproductive system organized around the production of small gametes (sperm).”