SB92INTRODUCED
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SB92
ABRW77Q-1
By Senator Weaver
RFD: County and Municipal Government
First Read: 13-Feb-24
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5 ABRW77Q-1 02/07/2024 PMG (L)tgw 2024-607
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First Read: 13-Feb-24
SYNOPSIS:
This bill would define man, woman, boy, girl,
father, mother, male, female, and sex for purposes of
state law.
This would provide policy on the differences
between sexes.
This bill would provide that state and local
public entities may establish separate single-sex
spaces or environments in certain circumstances.
This bill would also require the state or
political subdivisions that collect vital statistics
related to sex as male or female for certain purposes
to identify each individual as either male or female at
birth.
A BILL
TO BE ENTITLED
AN ACT
Relating to sex-based terminology; to amend Section
1-1-1, Code of Alabama 1975, to define certain sex-based
terms; to provide policy relating to sex; to allow public
entities to establish certain single sex spaces or
environments; and to require public entities that collect
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environments; and to require public entities that collect
vital statistics related to sex as male or female to identify
each individual as male or female as observed at birth.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The purpose of this act is to bring
clarity, certainty, and uniformity to the laws of Alabama
regarding sex discrimination, equality of the sexes, and
benefits or services specifically provided to males and men
and to females and women.
(b) This act applies wherever state law classifies
individuals on the basis of sex or otherwise mentions
individuals as being male or female, men or women, or boys or
girls.
Section 2. The Legislature finds and declares all of
the following:
(1) Men and women are legally equal but are not
physically the same.
(2) The State of Alabama has an important interest in
preventing unjust sex discrimination and in maintaining
safety, privacy, and fairness for both sexes.
(3) Inconsistencies in court rulings and policy
initiatives regarding sex discrimination and common sex-based
words have endangered women's rights and resources and have
put the existence of private, single-sex spaces in jeopardy.
(4) There are only two sexes, and every individual is
either male or female. The term "sex" is objective and fixed.
Individuals with differences in sex development, also known as
"DSDs" or "intersex conditions," are not a third sex.
Individuals with a congenital or medically verifiable DSD
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Individuals with a congenital or medically verifiable DSD
diagnosis must be accommodated consistent with state and
federal law.
(5) With respect to equality of the sexes, the term
"equal" does not mean "same" or "identical."
Section 3. Section 1-1-1, Code of Alabama 1975, is
amended to read as follows:
"ยง1-1-1
The following words, whenever they appear in this Code,
shall have the signification attached to them in this
sectioncode, have the following meanings unless otherwise
apparent from the context or otherwise explicitly defined :
(1) BOY. A human male who has not yet reached
adulthood.
(2) FATHER. The male parent of a child or children.
(3) FEMALE. When used in reference to a natural person,
an individual who has, had, will have, or would have, but for
a developmental anomaly, genetic anomaly, or accident, the
reproductive system that at some point produces ova.
(4) GIRL. A human female who has not yet reached
adulthood.
(6) MALE. When used in reference to a natural person,
an individual who has, had, will have, or would have, but for
a developmental anomaly, genetic anomaly, or accident, the
reproductive system that at some point produces sperm.
(7) MAN. An adult human of the male sex.
(9) MOTHER. The female parent of a child or children.
(1)(10) PERSON. The word "person" includes a
corporation as well as a natural person Includes an individual,
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corporation as well as a natural person Includes an individual,
corporation, partnership, company, or other business entity .
(2) WRITING. The word "writing" includes typewriting
and printing on paper.
(3) OATH. The word "oath" includes affirmation.
(14) SEX. When the term is used to classify or describe
a natural person, the state of being male or female as
observed or clinically verified at birth.
(4)(15) SIGNATURE or SUBSCRIPTION . The words
"signature" or "subscription" include Includes a mark when the
person an individual cannot write, if his or her name is
written near the mark , and witnessed by a person an individual
who writes his or her own name as a witness , and include with
respect to corporate securities facsimile signature placed
upon any instrument or writing with intent to execute or
authenticate such instrument or writing .
(5) LUNATIC, INSANE or NON COMPOS MENTIS. The words
"lunatic" or "insane" or the term "non compos mentis" include
all persons of unsound mind.
(6)(12) PROPERTY. The word "property" includes Includes
both real and personal property.
(7)(13) REAL PROPERTY. The term "real property"
includes Includes lands, tenements , and hereditaments.
(8)(11) PERSONAL PROPERTY. The term "personal property"
includes Includes money, goods, chattels, things in action and
evidence of debt, deeds , and conveyances.
(9) CIRCUIT. The word "circuit" means judicial circuit.
(10) PRECEDING. The word "preceding" means next before.
(11) FOLLOWING. The word "following" means next after.
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(11) FOLLOWING. The word "following" means next after.
(12)(16) STATE. The word "state," when When applied to
the different parts of the United States, includes the
District of Columbia and the several territories of the United
States.
(13)(17) UNITED STATES. The term "United States"
includes Includes the territories thereof and the District of
Columbia.
(14)(5) JURY or JURIES. The words "jury" or "juries"
include Includes courts or judges in all cases when a jury
trial is waived, or when the court or judge is authorized to
ascertain and determine the facts as well as the law.
(15)(8) MONTH. The word "month" means a A calendar
month.
(18) WOMAN. An adult human of the female sex.
(16)(19) YEAR. The word "year" means a A calendar
year,; but, except whenever the word "year" is used in
reference to any appropriations for the payment of money out
of the treasury, it shall mean the term shall mean a fiscal
year."
Section 4. (a) Any state law that prohibits
discrimination on the basis of sex thereby forbids unfair
treatment of females or males.
(b) Neither the state nor any political subdivision of
the state shall be prohibited from establishing separate
single-sex spaces or environments for males and females when
biology, privacy, safety, or fairness are implicated.
Section 5. (a) Any school district or public school,
and any state agency, department, bureau, or commission, or
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and any state agency, department, bureau, or commission, or
political subdivision that collects vital statistics related
to sex as male or female for the purpose of complying with
anti-discrimination laws or for the purpose of gathering
accurate public health, crime, economic, or other data shall
identify each individual who is part of the collected data set
as either male or female.
(b) Compliance with subsection (a) shall not require
the collection of data regarding sex unless otherwise required
by law, and the requirements of subsection (a) shall not
prevent the collection of additional data points besides
biological sex.
Section 6. The provisions of this act are severable.
If any part of this act is declared invalid or
unconstitutional, that declaration shall not affect the part
which remains.
Section 7. This act shall become effective October 1,
2024.
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