JACKSON, Miss. Following the example of Republican-controlled legislatures around the country that are attempting to hinder the legal recognition of transgender identities, a bill passed by Mississippi House lawmakers on Wednesday would define sex as binary.
Republican Rep. Dana McLean’s act defines “woman”, “man”, “mother”, “father”, “sexual”, “female”, and “intercourse”. The act states that there are only two sexes, and every person is either male or female, and that “all the definitions support the idea that sex is defined at birth.” These concepts may become codified into state law if the Senate approves the bill and the governor signs it.
“When it comes to the way the statutes are interpreted, we’re going to come based on biological sex at birth,” said Republican Rep. Joey Hood, who presented the bill on the House floor. “If anyone wants to identify one way, there is no penalty. We’re just going to use this to provide the words in our act more meaning.”
The bill specifies that a “person’s biological sex, either male or female, as observed or scientifically verified at birth is distinct from” gender identity or other words intended to convey a person’s personal sense of self. It states that sex-based legal distinctions are in danger and that they are required for security, fairness, and privacy reasons.
The plan is just one of many introduced this year across the country as part of a campaign by conservatives who claim that states have a legitimate interest in preventing transgender individuals from competing on sports teams or using bathrooms and other facilities that reflect their gender identity. Legislators in some states have referred to the legislation as a “bill of rights” for women.
Bills have been proposed in at least 13 states this year. The bills follow Republican lawmakers’ previous efforts last year to restrict transgender people, especially young people. At least 23 states, including Mississippi, have banned gender-affirming health care for transgender minors, and some states are then trying to restrict that treatment for adults, as well.
In Mississippi, both legislative chambers have now passed more bills wading into sex and gender. One may stop trans people, including those who have transitioned, from using facilities that match their gender identity. Another may permit people who are incarcerated to bring legal action against transgender prisoners.
Democrats in Mississippi claimed the bill, which was passed on Wednesday, was unnecessary and would have an impact on trans people’s lives.
“This bill may target a full community of people, of Mississippians. Hard-working people, taxpayers who have to give our wages,” said Democrat Rep. John Faulkner. “Are you OK with that?”
Hood said the bill doesn’t target people, it merely defines sex-based terms.
“What you were born with is what you are,” he said.
People with “intersex conditions” or “developmental differences” would not be regarded as members of a third sex in the proposed bill. The measure specifies what those conditions are, but it does not specify what those accommodations are. They’d be “accommodated” according to state and federal law.
The bill will now go to the Senate for further consideration.
Michael Goldberg serves as a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercover topics. Follow him at @mikergoldberg.
