Defining Male and Female Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5356 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 5356

 To establish clear and consistent biological definitions of male and 
                                female.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2024

 Mr. Marshall (for himself, Mr. Risch, Mr. Crapo, and Mrs. Hyde-Smith) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish clear and consistent biological definitions 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 of 
        sex as a biological truth, the implications of sex, and its 
        relationship to concepts and terms including 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 departments and 
Federal agencies of the United States, the word--
            ``(1) `boy' means a minor human male;
            ``(2) `father' means a male parent;
            ``(3) `female', when used to refer to a natural person, 
        means an individual who naturally has, had, will have, or would 
        have, but for a congenital anomaly or intentional or 
        unintentional disruption, the reproductive system that at some 
        point produces, transports, and utilizes eggs for 
        fertilization;
            ``(4) `gender', when used alone to refer to males, females, 
        or the natural differences between males and females--
                    ``(A) shall be considered a synonym for sex; and
                    ``(B) shall not be considered a synonym or short-
                hand expression for gender identity, experienced 
                gender, gender expression, or gender role,
         except that this definition shall not apply when the term 
        `gender' is used in conjunction with other words or as an 
        adjective to modify other words, or when context or explicit 
        definition in law indicates otherwise;
            ``(5) `gender identity' does not mean sex or gender;
            ``(6) `girl' means a minor human female;
            ``(7) `male', when used to refer to a natural person, means 
        an individual who naturally has, had, will have, or would have, 
        but for a congenital anomaly or intentional or unintentional 
        disruption, the reproductive system that at some point 
        produces, transports, and utilizes sperm for fertilization;
            ``(8) `man', except when used as a generic reference to 
        human beings, means an adult human male;
            ``(9) `mother' means a female parent;
            ``(10) `sex', when referring to an individual's sex, shall 
        be understood to refer to either male or female, as 
        biologically determined and defined by this section; and
            ``(11) `woman' means an adult human female.''.
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