Section 1 Short title
This Act may be cited as the “Defining Male and Female Act of 2024”.
Defining Male and Female Act of 2024
A BILL
To establish a clear and consistent biological definition of male and female.
Sec. 2 Findings
Congress finds the following:
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.
Every individual is either male or female.
An individual’s sex can be observed or clinically verified at or before birth.
Rare disorders of sexual development are not exceptions to the binary nature of sex.
In no case is an individual’s sex determined by stipulation or self-identification.
There is increasing confusion about the definition and implications of sex as a biological truth and its relationship to concepts and terms including but not limited to sex assigned at birth, gender, gender identity, gender role, gender expression, and experienced gender.
Confusion and ambiguities surrounding the definitions of sex, male, female, and related terms can hinder individual efforts to enjoy equal treatment under the law.
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.
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.
Physical differences between males and females are enduring, and the two sexes are not fungible.
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:
“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 administrative bureaus and agencies of the United States, the word—
“(1) “sex”, when referring to individual’s sex, shall be understood to refer to either male or female, as biologically determined and defined by this section;
“(2) “female”, when referring to a natural person, means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization;
“(3) “male”, when referring to a natural person, means an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization;
“(4) “woman” means an adult human female;
“(5) “girl” means a minor human female;
“(6) “man” means an adult human male;
“(7) “boy” means a minor human male;
“(8) “mother” means a female parent;
“(9) “father” means a male parent;
“(10) “gender”—
“(A) means—
“(i) males, females, or the natural differences between males and females, unless such term is otherwise specified or used alone (rather than with or as an adjective modifying other words); and
“(ii) a synonym for sex; and
“(B) does not mean a synonym for terms or ideas such as gender identity, experienced gender, gender expression, or gender roles; and
“(11) “gender identity” does not mean sex or gender.”