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 Page 0 SB79 C2K7QQW-1 By Senators Weaver, Bell, Livingston, Chambliss, Gudger, Sessions, Kelley, Barfoot RFD: County and Municipal Government First Read: 04-Feb-25 1 2 3 4 5 6 C2K7QQW-1 12/05/2024 PMG (L)PMG 2024-3114 Page 1 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB79 INTRODUCED Page 2 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB79 INTRODUCED Page 3 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 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB79 INTRODUCED Page 4 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 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SB79 INTRODUCED Page 5 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 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 SB79 INTRODUCED Page 6 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. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 SB79 INTRODUCED Page 7 (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 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 SB79 INTRODUCED Page 8 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. 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 SB79 INTRODUCED Page 9 (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. 225 226 227 228 229 230 231 232 233

As enrolled or final

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SB79 ENROLLED Page 0 SB79 XNXVEE7-3 By Senators Weaver, Bell, Livingston, Chambliss, Gudger, Sessions, Kelley, Barfoot RFD: County and Municipal Government First Read: 04-Feb-25 1 2 3 4 5 6 SB79 Enrolled Page 1 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB79 Enrolled Page 2 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. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB79 Enrolled Page 3 (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. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB79 Enrolled Page 4 (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 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SB79 Enrolled Page 5 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 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 SB79 Enrolled Page 6 1, 2025. 141 SB79 Enrolled Page 7 ________________________________________________ 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 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179