Text of AL SB 79 (2025)
Sex-based terms, defined; vital statistics, report sex as male or female at birth required, legislative policy regarding sex and gender identity established
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As introduced
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SB79 INTRODUCED
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SB79
C2K7QQW-1
By Senators Weaver, Bell, Livingston, Chambliss, Gudger,
Sessions, Kelley, Barfoot
RFD: County and Municipal Government
First Read: 04-Feb-25
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C2K7QQW-1 12/05/2024 PMG (L)PMG 2024-3114
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SYNOPSIS:
Under existing law, public schools must require
multiple occupancy restrooms and changing areas
designated for students to be used by individuals based
on their biological sex.
This bill would require correctional facilities,
domestic violence shelters, juvenile detention centers,
public schools, and public institutions of higher
education to designate multi-occupancy restrooms,
changing rooms, and sleeping quarters for the exclusive
use of either females or males and would require these
facilities and institutions to take reasonable steps to
provide individuals with privacy in these spaces from
members of the opposite sex.
This bill would prohibit entry into a restroom
or changing room designated for females or males, and
in certain settings would prohibit the sharing of
sleeping quarters, unless an individual is a member of
that sex.
This bill would provide exceptions.
This bill would provide a cause of action
against a correctional facility, domestic violence
shelter, juvenile detention center, public school, or
public institution of higher education by an individual
who, while accessing a restroom or changing room
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designated for use by their sex, encounters an
individual of the opposite sex in that restroom or
changing room.
This bill would also define terms, including
"male" and "female."
A BILL
TO BE ENTITLED
AN ACT
Relating to access to bathrooms and private spaces; to
amend Section 16-1-54, Code of Alabama 1975; to require
correctional facilities, domestic violence shelters, juvenile
detention centers, public schools, and public institutions of
higher education to designate multi-occupancy restrooms,
changing rooms, and sleeping quarters for the exclusive use of
either females or males and take measures to prevent access by
the opposite sex; to prohibit entry by an individual of the
opposite sex into these private spaces in certain settings; to
provide a cause of action against a facility or institution to
an individual who encounters an individual of the opposite sex
in a restroom or changing room; and to define certain terms.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) CHANGING ROOM. A room or area in which an
individual may be in a state of undress in the presence of
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others. The term includes a locker room or shower room.
(2) COVERED ENTITY. Any of the following:
a. A correctional facility supervised and controlled by
the Alabama Department of Corrections. The term does not
include a county or municipal jail or other local correctional
facility.
b. A domestic violence center as defined in Section
30-6-1, Code of Alabama 1975.
c. A youth detention facility licensed by the
Department of Youth Services.
(3) FEMALE. An individual who has, had, or 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.
(4) MALE. An individual who 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.
(5) MULTI-OCCUPANCY. Designed for use by multiple
individuals simultaneously.
(6) RESTROOM. A room that includes one or more toilets
or urinals.
(7) SLEEPING QUARTERS. A room with more than one bed
and in which more than one individual is housed overnight.
(b)(1) A covered entity shall designate each
multi-occupancy restroom, changing room, and sleeping quarters
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for the exclusive use of either females or males.
(2) Every restroom, changing room, or sleeping quarters
within a covered entity that is designated for females or
males shall only be used by members of that sex. No individual
shall enter a restroom, changing room, or sleeping quarters
designated for females or males unless he or she is a member
of that sex.
(3) A covered entity shall take reasonable steps to
provide individuals with privacy in restrooms, changing rooms,
and sleeping quarters from members of the opposite sex.
(4) This subsection shall not apply to an individual
who enters a restroom, changing room, or sleeping quarters
designated for the opposite sex in any of the following
circumstances, provided that the restroom, changing room, or
sleeping quarters is not in use:
a. To perform custodial services or maintenance.
b. To render medical assistance.
c. To render assistance by law enforcement.
d. To provide services or render aid during a natural
disaster, a declared emergency, or when necessary to prevent a
serious threat to good order or safety.
(5) Nothing in this subsection shall be construed to
prohibit a covered entity from doing any of the following:
a. Adopting policies necessary to accommodate
individuals protected under the Americans with Disabilities
Act, young children in need of assistance, or elderly
individuals requiring aid.
b. Establishing single-occupancy restrooms, changing
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rooms, or sleeping quarters, or family restrooms, changing
rooms, or sleeping quarters.
c. Redesignating a multi-occupancy restroom, changing
room, or sleeping quarters designated for exclusive use by one
sex to a designation for exclusive use by the opposite sex.
(c)(1) An individual who, while accessing a restroom or
changing room designated for use by their sex, encounters an
individual of the opposite sex in that restroom or changing
room has a private cause of action for declaratory and
injunctive relief against the covered entity if the covered
entity did either of the following:
a. Provided the individual permission to use the
restroom or changing room of the opposite sex.
b. Failed to take reasonable steps to prohibit the
individual of the opposite sex from using the restroom or
changing room of the opposite sex.
(2) An individual who is required by the covered entity
to share sleeping quarters with an individual of the opposite
sex has a private cause of action for declaratory and
injunctive relief against the covered entity.
(3) There shall be a rebuttable presumption that
requiring an individual to be housed with members of the
opposite sex at a covered entity has caused cognizable harm to
the injured individual.
(4) All civil actions brought pursuant to this
subsection must be initiated within two years after the
violation occurred. An individual aggrieved under this section
who prevails in court may recover reasonable attorney fees and
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costs from the offending covered entity.
Section 2. Section 16-1-54, Code of Alabama 1975, is
amended to read as follows:
"§16-1-54
(a) For the purposes of this section, the following
terms have the following meanings:
(1) BIOLOGICAL SEX. The physical condition of being
male or female, as stated on the individual's original birth
certificate.
(2) MULTIPLE OCCUPANCY RESTROOM OR CHANGING AREA. An
area in a public K-12 school building designed or designated
to be used by more than one individual student at a time,
where students may be in various stages
(1) CHANGING ROOM. A room or area in which an
individual may be in a various state of undress in the
presence of other students or individuals. The term may
include, but is not limited to, a school restroom, locker
room, changing room, or shower room.
(2) FEMALE. An individual who has, had, or 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. An individual who 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.
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(4) PUBLIC INSTITUTION OF HIGHER EDUCATION. The term as
defined in Section 16-5-1.
(5) PUBLIC SCHOOL. Any public K-12 school. The term
does not include nonpublic schools, parochial or church
schools, religious schools, or any home schooling family.
(6) RESTROOM. A room that includes one or more toilets
or urinals.
(7) SEX. When the term is used to classify or describe
a natural person, the state of being male or female as
observed or clinically verified at birth.
(b) A public K-12 school or public institution of
higher education shall require every multiple occupancy
restroom or changing area designated for student use to be
used by individuals based on their biological sexdesignated
for exclusive use by either females or males.
(c) A restroom or changing room within a public school
or public institution of higher education that is designated
for males or females shall be used only by members of that
sex. No individual shall enter a restroom or changing room
designated for one sex unless he or she is a member of that
sex.
(d) A public school or public institution of higher
education shall take reasonable steps to provide individuals
with privacy in restrooms and changing rooms from members of
the opposite sex.
(e) In any other facility or setting in a public school
or public institution of higher education where an individual
may be in a state of undress in the presence of others, school
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personnel shall provide separate, private areas designated for
use by individuals based on their sex, and no individual shall
enter these private areas unless he or she is a member of the
designated sex.
(f) This section does not apply to individuals entering
a multiple occupancy restroom or changing area designated for
use by the opposite sex when entering in any of the following
circumstances:
(1) For custodial purposes.
(2) For maintenance or inspection purposes.
(3) To render medical assistance.
(4) To accompany a student needing assistance when the
assisting individual is an employee of the local board of
education or the student's parent or authorized caregiver.
(5) To receive assistance in using the area.
(6) When the restroom has been temporarily designated
for use by that individual's biological sex.
(g) An individual who, while accessing a restroom or
changing room covered by this section, encounters an
individual of the opposite sex in the restroom or changing
room has a private cause of action against the public school
or public institution of higher education that did either of
the following:
(1) Gave the individual of the opposite sex permission
to use the restroom or changing room.
(2) Failed to take reasonable steps to prohibit the
individual of the opposite sex from entering the restroom or
changing room.
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(h) All civil actions under this section must be
initiated within two years from the date that the harm
occurred.
(i) An individual who prevails on a claim brought
pursuant to this section shall be entitled to recover
declaratory and injunctive relief, monetary damages, along
with reasonable attorney fees and costs."
Section 3. This act shall become effective on October
1, 2025.
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As enrolled or final
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SB79 ENROLLED
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SB79
XNXVEE7-3
By Senators Weaver, Bell, Livingston, Chambliss, Gudger,
Sessions, Kelley, Barfoot
RFD: County and Municipal Government
First Read: 04-Feb-25
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SB79 Enrolled
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Enrolled, An Act,
Relating to sex-based terminology; to amend Section
1-1-1, Code of Alabama 1975, to define certain sex-based
terms; to provide policy relating to sex; to allow public
entities to establish certain single sex spaces or
environments; and to require public entities that collect
vital statistics related to sex as male or female to identify
each individual as male or female as observed at birth.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The purpose of this act 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.
(b) This act applies wherever state law classifies
individuals on the basis of sex or otherwise mentions
individuals as being male or female, men or women, or boys or
girls.
Section 2. The Legislature finds and declares all of
the following:
(1) Men and women are legally equal but are not
physically the same.
(2) The State of Alabama has an important interest in
preventing unjust sex discrimination and in maintaining
safety, privacy, and fairness for both sexes.
(3) Inconsistencies in court rulings and policy
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initiatives regarding sex discrimination and common sex-based
words have endangered women's rights and resources and have
put the existence of private, single-sex spaces in jeopardy.
(4) There are only two sexes, and every individual is
either male or female. The term "sex" is objective and fixed.
Individuals with differences in sex development, also known as
"DSDs" or "intersex conditions," are not a third sex.
Individuals with a congenital or medically verifiable DSD
diagnosis must be accommodated consistent with state and
federal law.
(5) With respect to equality of the sexes, the term
"equal" does not mean "same" or "identical."
Section 3. Section 1-1-1, Code of Alabama 1975, is
amended to read as follows:
"§1-1-1
The following words, whenever they appear in this Code,
shall have the signification attached to them in this
sectioncode, have the following meanings unless otherwise
apparent from the context: or otherwise explicitly defined:
(1) BOY. A human male who has not yet reached
adulthood.
(2) FATHER. The male parent of a child or children.
(3) FEMALE. When used in reference to a natural person,
an individual who has, had, will have, or would have, but for
a developmental anomaly, genetic anomaly, or accident, the
reproductive system that at some point produces ova.
(4) GIRL. A human female who has not yet reached
adulthood.
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(6) MALE. When used in reference to a natural person,
an individual who has, had, will have, or would have, but for
a developmental anomaly, genetic anomaly, or accident, the
reproductive system that at some point produces sperm.
(7) MAN. An adult human of the male sex.
(9) MOTHER. The female parent of a child or children.
(1)(10) PERSON. The word "person" includes a
corporation as well as a natural personIncludes an individual,
corporation, partnership, company, or other business entity.
(2) WRITING. The word "writing" includes typewriting
and printing on paper.
(3) OATH. The word "oath" includes affirmation.
(14) SEX. When the term is used to classify or describe
a natural person, the state of being male or female as
observed or clinically verified at birth.
(4)(15) SIGNATURE or SUBSCRIPTION. The words
"signature" or "subscription" include Includes a mark when the
person an individual cannot write, if his or her name is
written near the mark, and witnessed by a person an individual
who writes his or her own name as a witness, and include with
respect to corporate securities facsimile signature placed
upon any instrument or writing with intent to execute or
authenticate such instrument or writing.
(5) LUNATIC, INSANE or NON COMPOS MENTIS. The words
"lunatic" or "insane" or the term "non compos mentis" include
all persons of unsound mind.
(6)(12) PROPERTY. The word "property" includes Includes
both real and personal property.
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(7)(13) REAL PROPERTY. The term "real property"
includes Includes lands, tenements, and hereditaments.
(8)(11) PERSONAL PROPERTY. The term "personal property"
includes Includes money, goods, chattels, things in action and
evidence of debt, deeds, and conveyances.
(9) CIRCUIT. The word "circuit" means judicial circuit.
(10) PRECEDING. The word "preceding" means next before.
(11) FOLLOWING. The word "following" means next after.
(12)(16) STATE. The word "state," when When applied to
the different parts of the United States, includes the
District of Columbia and the several territories of the United
States.
(13)(17) UNITED STATES. The term "United States"
includes Includes the territories thereof and the District of
Columbia.
(14)(5) JURY or JURIES. The words "jury" or "juries"
include Includes courts or judges in all cases when a jury
trial is waived, or when the court or judge is authorized to
ascertain and determine the facts as well as the law.
(15)(8) MONTH. The word "month" means a A calendar
month.
(18) WOMAN. An adult human of the female sex.
(16)(19) YEAR. The word "year" means a A calendar
year,; but, except whenever the word "year" is used in
reference to any appropriations for the payment of money out
of the treasury, it shall mean the term shall mean a fiscal
year."
Section 4. (a) Any state law that prohibits
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discrimination on the basis of sex thereby forbids unfair
treatment of females or males.
(b) Neither the state nor any political subdivision of
the state shall be prohibited from establishing separate
single-sex spaces or environments for males and females when
biology, privacy, safety, or fairness are implicated.
Section 5. (a) Any school district or public school,
and any state agency, department, bureau, or commission, or
political subdivision that collects vital statistics related
to sex as male or female for the purpose of complying with
anti-discrimination laws or for the purpose of gathering
accurate public health, crime, economic, or other data shall
identify each individual who is part of the collected data set
as either male or female. This subsection shall not be
construed to prohibit the entry of "unknown" as the sex on a
child's certificate of birth, fetal death, or death when sex
cannot be medically determined for developmental or other
reasons at the time the facts of birth, fetal death, or death
are reported to the Office of Vital Statistics.
(b) Compliance with subsection (a) shall not require
the collection of data regarding sex unless otherwise required
by law, and the requirements of subsection (a) shall not
prevent the collection of additional data points besides
biological sex.
Section 6. The provisions of this act are severable. If
any part of this act is declared invalid or unconstitutional,
that declaration shall not affect the part which remains.
Section 7. This act shall become effective on October
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1, 2025.
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________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB79
Senate 06-Feb-25
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 12-Feb-25
Senate concurred in House amendment
By: Senator Weaver
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