House File 2389 - Introduced HOUSE FILE 2389 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 649) A BILL FOR An Act relating to the term sex and related terms for purposes 1 of statutory construction, including an indication of a 2 persons sex on certain vital records. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5180HV (2) 90 pf/ko
H.F. 2389 Section 1. NEW SECTION . 4.1A Statutory construction sex 1 and related terms. 2 1. In the construction of statutes, the following rules 3 shall be observed with regard to a persons biological sex: 4 a. Sex means a persons biological sex, either male or 5 female, at birth, unless otherwise provided by law. 6 b. A female is a person whose biological reproductive 7 system is developed to produce ova and a male is a person 8 whose biological reproductive system is developed to fertilize 9 the ova of a female. 10 c. The term woman or girl refers to a female and the 11 term man or boy refers to a male. 12 d. The term mother means a parent who is female and the 13 term father means a parent who is male. 14 e. The term equal does not mean same or identical . 15 f. Separate accommodations are not inherently unequal. 16 g. A person born with a medically verifiable diagnosis of 17 disorder or difference of sex development shall be provided the 18 legal protections and accommodations afforded under the federal 19 Americans with Disabilities Act of 1990 and applicable state 20 law. 21 2. Any state law, policy, or program that prohibits 22 discrimination on the basis of sex shall be construed to forbid 23 unfair treatment of females or males in relation to similarly 24 situated members of the opposite sex. 25 3. Notwithstanding any provision of state law to the 26 contrary, distinctions based on sex, including but not limited 27 to in prisons or other detention facilities, domestic violence 28 shelters, rape crisis centers, locker rooms, restrooms, and in 29 other contexts where health, safety, or privacy are implicated 30 resulting in separate accommodations, are substantially related 31 to the important government objectives of protecting the 32 health, safety, and privacy of the persons in these contexts. 33 4. Any state department or subunit of a department, or any 34 political subdivision of the state including a city, county, 35 -1- LSB 5180HV (2) 90 pf/ko 1/ 5
H.F. 2389 township, or school district that collects vital statistics for 1 the purpose of complying with state antidiscrimination laws, 2 or for the purpose of gathering accurate state public health, 3 crime, economic, or other data, shall identify the sex of each 4 person included in the collected data as either male or female. 5 5. For the purposes of this section, state law includes 6 any state statute or rule. 7 Sec. 2. Section 144.13, Code 2024, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 5. A certificate of birth filed under this 10 section shall include a designation of the sex of the person as 11 defined in section 4.1A. 12 Sec. 3. Section 144.23, Code 2024, is amended to read as 13 follows: 14 144.23 State registrar to issue establish new certificate of 15 birth . 16 1. The state registrar shall establish a new certificate of 17 birth for a person born in this state, when the state registrar 18 receives the following: 19 1. a. An adoption report as provided in section 144.19 , or 20 a certified copy of the decree of adoption together with the 21 information necessary to identify the original certificate of 22 birth and to establish a new certificate of birth. 23 2. b. A request that a new certificate be established and 24 evidence proving that the person for whom the new certificate 25 is requested has been legitimated, or that a court of competent 26 jurisdiction has determined the paternity of the person. 27 3. c. A notarized affidavit by a licensed physician and 28 surgeon or osteopathic physician and surgeon stating that by 29 reason of surgery or other treatment by the licensee, the 30 sex designation of the person has been changed. The state 31 registrar may make a further investigation or require further 32 information necessary to determine whether a sex change has 33 occurred. 34 2. a. Pursuant to section 4.1A, a new certificate of birth 35 -2- LSB 5180HV (2) 90 pf/ko 2/ 5
H.F. 2389 established under subsection 1, paragraph a or b , shall 1 include a designation of the sex of the person, as male or 2 female, at birth. 3 b. Pursuant to section 4.1A, a new certificate of birth 4 established under subsection 1, paragraph c , following a 5 change in sex designation, shall include a designation of the 6 sex of the person, as male or female, both at the time of birth 7 and at the time the new certificate of birth is established. 8 Sec. 4. Section 144.24, subsections 1 and 2, Code 2024, are 9 amended to read as follows: 10 1. If a new certificate of birth is established, the actual 11 place and date of birth shall be shown on the certificate and 12 the certificate shall include a designation of the persons 13 sex pursuant to section 144.23 . The certificate shall be 14 substituted for the original certificate of birth. 15 2. Following substitution of the original certificate of 16 birth with a new certificate of birth, the original certificate 17 and the evidence of adoption, paternity, or legitimation , or 18 sex change shall not be subject to inspection except under 19 order of a court of competent jurisdiction, including but 20 not limited to an order issued pursuant to section 600.16A , 21 as provided in section 144.23A or 144.24A , or as provided by 22 administrative rule for statistical or administrative purposes 23 only. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanations substance by the members of the general assembly. 27 This bill relates to the term sex and related terms for 28 purposes of statutory construction. 29 The bill creates a new Code section 4.1A (statutory 30 construction sex and related terms). The bill provides 31 that certain rules of statutory construction shall be observed 32 with regard to a persons sex. These rules with regard to a 33 persons sex include: 34 1. Sex means a persons biological sex, either male or 35 -3- LSB 5180HV (2) 90 pf/ko 3/ 5
H.F. 2389 female, at birth, unless otherwise provided by law. 1 2. A female is a person whose biological reproductive 2 system is developed to produce ova and a male is a person 3 whose biological reproductive system is developed to fertilize 4 the ova of a female. 5 3. The term woman or girl refers to a female and the 6 term man or boy refers to a male. 7 4. The term mother means a parent who is female and the 8 term father means a parent who is male. 9 5. The term equal does not mean same or identical. 10 6. Separate accommodations are not inherently unequal. 11 7. A person born with a medically verifiable diagnosis of 12 disorder or difference of sex development shall be provided the 13 legal protections and accommodations afforded under the federal 14 Americans with Disabilities Act of 1990 and applicable state 15 law. 16 Additionally, under the bill, any state law, policy, or 17 program that prohibits discrimination on the basis of sex shall 18 be construed to forbid unfair treatment of females or males in 19 relation to similarly situated members of the opposite sex. 20 Notwithstanding any provision of state law to the contrary, 21 distinctions based on sex in various contexts where health, 22 safety, or privacy are implicated resulting in separate 23 accommodations, are substantially related to the important 24 government objectives of protecting the health, safety, and 25 privacy of the persons in these contexts. In addition, any 26 state department or subunit of a department, or any political 27 subdivision of the state including a city, county, township, 28 or school district that collects vital statistics for the 29 purpose of complying with state antidiscrimination laws or for 30 the purpose of gathering accurate state public health, crime, 31 economic, or other data, shall identify the sex of each person 32 included in the collected data as either male or female. 33 The bill defines state law for the purposes of new Code 34 section 4.1A. 35 -4- LSB 5180HV (2) 90 pf/ko 4/ 5
H.F. 2389 The bill also amends provisions under Code chapter 144 1 (vital statistics). The bill requires that an original 2 certificate of birth shall include a designation of the sex of 3 the person as defined in new Code section 4.1A. With regard 4 to a new certificate of birth, if a new certificate of birth 5 is established after the state registrar receives an adoption 6 report or a certified copy of an adoption decree or following 7 a determination of paternity, the new certificate of birth 8 shall include a designation of sex of the person at birth; 9 and if a new certificate of birth is established after the 10 state registrar receives a notarized affidavit by a licensed 11 physician and surgeon or osteopathic physician and surgeon 12 stating that by reason of surgery or other treatment by the 13 licensee, the sex designation of the person has been changed, 14 the new certificate of birth shall include a designation of the 15 sex of the person both at the time of birth and at the time of 16 establishment of the new certificate of birth. 17 -5- LSB 5180HV (2) 90 pf/ko 5/ 5