Defining Male and Female Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9218 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9218

 To establish a clear and consistent biological definition of male and 
                                female.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2024

   Mrs. Miller of Illinois (for herself, Mr. Harris, Mr. Mooney, Mr. 
  Guest, Mr. Self, Mr. LaMalfa, Mr. Steube, Mrs. Lesko, Mrs. McClain, 
     Mrs. Luna, Ms. Boebert, Ms. Tenney, and Mr. Moore of Alabama) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish a clear and consistent biological definition of male and 
                                female.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defining Male and Female Act of 
2024''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In human beings, there are two--and only two--sexes: 
        male and female, which refer to the two body structures 
        (phenotypes) that, in normal development, correspond to one or 
        the other gamete--sperm for males and ova for females.
            (2) Every individual is either male or female.
            (3) An individual's sex can be observed or clinically 
        verified at or before birth.
            (4) Rare disorders of sexual development are not exceptions 
        to the binary nature of sex.
            (5) In no case is an individual's sex determined by 
        stipulation or self-identification.
            (6) There is increasing confusion about the definition and 
        implications of sex as a biological truth and its relationship 
        to concepts and terms including but not limited to sex assigned 
        at birth, gender, gender identity, gender role, gender 
        expression, and experienced gender.
            (7) Confusion and ambiguities surrounding the definitions 
        of sex, male, female, and related terms can hinder individual 
        efforts to enjoy equal treatment under the law.
            (8) Legal equality of the two sexes--male and female--does 
        not imply that the sexes are identical to each other or are the 
        same in every respect.
            (9) With respect to the two sexes--male and female--
        separate facilities or sports leagues established because of or 
        organized according to physical differences between the sexes 
        do not constitute unequal treatment under the law.
            (10) Physical differences between males and females are 
        enduring, and the two sexes are not fungible.
            (11) To prevent further efforts to undermine the 
        longstanding meaning and understanding of sex, male, female, 
        and related terms, it is necessary for Congress to reaffirm and 
        codify the meaning of these terms.

SEC. 3. DEFINITION OF ``SEX'', ``MALE'', ``FEMALE'', AND RELATED TERMS.

    Chapter 1 of title 1, United States Code, is amended by adding at 
the end the following:
``Sec. 9. Definition of `sex', `male', `female', and related terms
    ``In determining the meaning of any Act of Congress, or of any 
ruling, regulation, or interpretation of the various administrative 
bureaus and agencies of the United States, the word--
            ``(1) `sex', when referring to individual's sex, shall be 
        understood to refer to either male or female, as biologically 
        determined and defined by this section;
            ``(2) `female', when referring to a natural person, means 
        an individual who naturally has, had, will have, or would have, 
        but for a developmental or genetic anomaly or historical 
        accident, the reproductive system that at some point produces, 
        transports, and utilizes eggs for fertilization;
            ``(3) `male', when referring to a natural person, means an 
        individual who naturally has, had, will have, or would have, 
        but for a developmental or genetic anomaly or historical 
        accident, the reproductive system that at some point produces, 
        transports, and utilizes sperm for fertilization;
            ``(4) `woman' means an adult human female;
            ``(5) `girl' means a minor human female;
            ``(6) `man' means an adult human male;
            ``(7) `boy' means a minor human male;
            ``(8) `mother' means a female parent;
            ``(9) `father' means a male parent;
            ``(10) `gender'--
                    ``(A) means--
                            ``(i) males, females, or the natural 
                        differences between males and females, unless 
                        such term is otherwise specified or used alone 
                        (rather than with or as an adjective modifying 
                        other words); and
                            ``(ii) a synonym for sex; and
                    ``(B) does not mean a synonym for terms or ideas 
                such as gender identity, experienced gender, gender 
                expression, or gender roles; and
            ``(11) `gender identity' does not mean sex or gender.''.
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