State Rep. Susan Dubose (R-Hoover) has filed the "What is a Woman Act," throwing a wink to the controversial Matt Walsh documentary, to concretely define gender-based language used in Alabama code.
The What is a Woman Act, or House Bill 405 (HB405), would define man, woman, boy, girl, father, mother, male, female and sex to use the terms in the Code of Alabama.
The Act derives its name from the 2022 Daily Wire documentary featuring Matt Walsh, where he questions the foundation of the transgender movement and gender ideology.
The bill does not address the modern conception of gender in any fashion. Instead, the bill intends to prevent one sex from intruding on specific spaces meant for the opposite sex.
"Notwithstanding any state law to the contrary, there are legitimate reasons to distinguish between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, bathrooms, and other areas where biology, safety, or privacy are implicated," the bill reads.
It adds, "Policies and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny, which forbids unfair discrimination against similarly-situated males and females but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives."
The Act would also require any state department, school or other institution to include an individual's biological sex in all reporting. Under the bill, anyone with a rare genetic aberration that leaves sex indication ambiguous would be provided legal protections and accommodations afforded under the federal Americans with Disabilities Act.
The bill defines the following terms as follows:
· Boy: A male who is under 19 years of age.
· Father: The male parent of a child or children.
· Female: An individual whose biological reproductive system is designed to produce ova.
· Girl: A female who is under 19 years of age.
· Male: An individual whose biological reproductive system is designed to fertilize the ova of a female.
· Man: An adult individual who is a male.
· Mother: The female parent of a child or children.
· Person: An individual, corporation, partnership, company, or other business entity.
The Act has been assigned to the House Health Committee.
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