Relating to the definition and use of the terms "male" and "female" for purposes of certain government documents.
Impact
Should SB84 be enacted, it will amend Chapter 2051 of the Government Code by adding a new subchapter dedicated to defining 'male' and 'female'. This change would standardize how government entities reference sex in forms and other official documents, potentially affecting a wide range of governmental operations, including data collection, reporting, and policy implementation. It could also set a precedent for how sex is regarded and referenced across various state-operated systems.
Summary
SB84, introduced by Senator Hall, aims to establish a clear definition of the terms 'male' and 'female' for use in certain government documents, publications, and notices in Texas. The bill articulates that biological differences between sexes are immutable and emphasizes that only females have the biological capacity to conceive, give birth, and breastfeed. Additionally, it outlines stereotypical attributes often associated with each sex, positing that these differences necessitate a clear understanding of sex in the context of government interactions and documentation. The bill takes effect on September 1, 2025, if passed.
Contention
The implications of SB84 have sparked significant debate among lawmakers and the public. Proponents argue that the bill restores clarity to sex definitions, providing an essential basis for programs that require single-sex spaces, such as women’s shelters and athletic teams. On the other hand, critics argue that it could infringe upon the rights of transgender individuals by invalidating their gender identities in official records. The discourse surrounding the bill indicates a broader cultural and political struggle regarding gender identity and the rights of various groups in society.
Texas Constitutional Statutes Affected
Government Code
Chapter 2051. Government Documents, Publications, And Notices
Relating to health benefit plan coverage for and prohibitions on gender transitioning procedures and treatments provided to certain individuals; creating a criminal offense.
Relating to the capture and use of an individual's biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes; authorizing civil penalties.
Relating to a prohibition against the consideration of race or ethnicity as a factor in governmental employment or contracting, in other governmental functions, and in higher education admissions.
Relating to the categorization, collection, and publication of certain demographic and other information pertaining to certain public benefits programs.