Women: other; women's bill of rights; provide for. Amends the state constitution by adding sec. 29 to art. I.
Impact
If enacted, HJRE would fundamentally alter the application of laws relating to gender and biological sex across various state regulations. It would enforce that all state documents and vital statistics identify individuals strictly as 'male' or 'female' at birth, which could have significant implications for public health data collection and anti-discrimination efforts. Additionally, the bill stipulates that any discrimination on the basis of biological sex must meet 'intermediate constitutional scrutiny,' affecting how laws can differentiate between sexes in various contexts.
Summary
House Joint Resolution E (HJRE) proposes an amendment to the Michigan state constitution, specifically adding Section 29 to Article I, which aims to define and regulate the concept of biological sex within the legal framework of the state. This resolution asserts that 'sex' is defined strictly as an individual's biological sex at birth, categorizing individuals as either male or female, with specific definitions provided for terms such as 'woman,' 'man,' 'mother,' and 'father.' The resolution emphasizes that separate accommodations based on biological sex are not inherently unequal if they serve legitimate governmental objectives, such as maintaining safety and privacy in sensitive environments like athletic facilities and domestic violence shelters.
Contention
The proposed amendment has sparked notable debate and contention among various stakeholder groups. Proponents argue that it is necessary for protecting the integrity of sex-based distinctions in law and ensuring safety and privacy in environments like women's shelters and sports. Critics, however, claim that it may undermine the rights of transgender and non-binary individuals, as it rigidly enforces a binary understanding of gender, potentially reversing progress made in gender equality and anti-discrimination efforts. Concerns regarding the impacts of such a definition on individuals with disorders of sex development and other related issues have also been raised.
Criminal procedure: arrests; required removal of religious head coverings for police photographs; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 25c to ch. IV.