S.1147 - Defining Male and Female Act of 2025 (119th Congress)
Summary
The "Defining Male and Female Act of 2025" aims to establish legal definitions of 'male' and 'female' based on biological sex at conception, specifically focusing on reproductive systems. It seeks to codify these definitions into Title 1 of the United States Code, impacting the interpretation of federal laws, rulings, and regulations. The bill also defines terms like 'boy,' 'girl,' 'father,' 'mother,' 'man,' and 'woman' in relation to these biological definitions.
Expected Effects
If enacted, this bill would mandate that federal agencies and courts interpret 'sex,' 'male,' and 'female' according to the act's definitions. This could lead to changes in the application of laws and policies related to gender, potentially affecting areas such as healthcare, education, employment, and civil rights protections. The bill explicitly rejects 'gender identity' as a basis for legal recognition, which could have significant consequences for transgender and gender non-conforming individuals.
Potential Benefits
- Provides clarity and consistency in the legal definitions of sex, male, and female, potentially reducing ambiguity in the application of federal laws.
- Reinforces traditional understandings of sex and gender, which some may view as important for maintaining social norms and values.
- Could simplify the enforcement of laws and regulations that differentiate based on sex, according to the bill's proponents.
- May address concerns about fairness in single-sex spaces and programs, such as sports and scholarships.
- Potentially reduces legal challenges related to the definition of sex in various contexts.
Potential Disadvantages
- Could lead to discrimination against transgender and intersex individuals by legally defining sex in a way that excludes them.
- May create legal and administrative challenges in situations where an individual's biological sex is ambiguous or disputed.
- Could negatively impact access to healthcare, employment, and other services for transgender individuals.
- May conflict with existing legal interpretations and protections related to gender identity.
- Could face legal challenges based on equal protection and due process grounds.
Constitutional Alignment
The bill's constitutional alignment is debatable. Proponents might argue it aligns with originalist interpretations, asserting that the Constitution implicitly refers to biological sex. Opponents could argue that it violates the Equal Protection Clause of the Fourteenth Amendment by discriminating against transgender and intersex individuals. The bill's impact on individual liberties, particularly for transgender individuals, could also raise concerns under the Due Process Clause of the Fifth and Fourteenth Amendments. Further legal challenges are expected if the bill becomes law.
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).