An Alabama Senate committee advanced a bill to define an individual’s sex based on reproductive anatomy. Senate Bill 92 “would define man, woman, boy, girl, father, mother, male, female, and sex for purposes of state law” and require state agencies to “identify each individual as either male or female at birth.”
The bill, which passed through the committee on Monday, defines “male” as an individual who has a “reproductive system that at some point produces sperm.” Conversely, “female” is defined as an individual who has a “reproductive system that at some point produces ova.” Exceptions are allowed for individuals with genetic or developmental conditions affecting reproductive abilities. Additionally, individuals who cannot produce reproductive cells due to an “accident” are exempt.
State Senator April Weaver (R) sponsored the bill to amend the state’s current Meanings of Certain Words and Terms. She stated the purpose of the bill is to bring “clarity, certainty, and uniformity to the laws of Alabama regarding sex discrimination, equality of the sexes, and benefits or services specifically provided to males and men and to females and women.” Weaver also stated that that the bill will help the state establish “single-sex spaces” for “safety” and “privacy.”
Opponents of the bill questioned its necessity and linked the bill to Alabama’s alleged anti-LGBTQ+ agenda. The state previously criminalized gender-affirming care for minors in 2023.
If the bill is enacted, Alabama will join Nebraska and Oklahoma in having reproductive-based sex definitions.
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