H.R.2378 - Defining Male and Female Act of 2025 (119th Congress)
Summary
H.R.2378, the Defining Male and Female Act of 2025, seeks to establish statutory definitions for the terms 'male,' 'female,' and related terms within the U.S. Code. It aims to provide consistent biological definitions for these terms in federal laws, rulings, regulations, and interpretations. The bill defines 'male' and 'female' based on reproductive systems at conception and explicitly excludes 'gender identity' as a basis for legal recognition.
Expected Effects
If enacted, this bill would mandate that all federal agencies and courts use the specific biological definitions of 'male' and 'female' outlined in the legislation. This could lead to changes in the interpretation and application of various federal laws and regulations, particularly those related to sex-based protections and classifications. It could also impact policies related to healthcare, education, and employment.
Potential Benefits
- Provides clarity and consistency in the legal definitions of 'male' and 'female', potentially reducing ambiguity in the application of federal laws.
- Reinforces a biological basis for sex classification, which some may see as aligning with traditional understandings of sex.
- Could simplify the enforcement of laws and regulations that rely on sex-based distinctions.
- May address concerns about the inclusion of gender identity in sex-based protections, for those who believe it undermines the original intent of such protections.
- Potentially reduces legal challenges related to the definition of sex in federal law.
Potential Disadvantages
- May exclude or marginalize transgender and intersex individuals by defining sex solely based on reproductive systems at conception.
- Could lead to discrimination against individuals whose gender identity does not align with their assigned sex at birth.
- May create legal challenges and uncertainties in areas where sex and gender identity are currently considered distinct.
- Could negatively impact access to healthcare, education, and other services for transgender individuals.
- Potentially conflicts with existing court precedents and federal agency interpretations that recognize gender identity.
Constitutional Alignment
The bill's constitutional alignment is debatable. While Congress has the power to legislate and define terms used in federal law (Article I), the bill's potential impact on equal protection and individual rights raises concerns under the 5th and 14th Amendments. The bill's definition of sex may also face challenges under existing jurisprudence related to gender identity and discrimination. Further, the bill's explicit rejection of 'gender identity' could be viewed as infringing upon individual autonomy and potentially violating equal protection principles if it leads to discriminatory practices.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).