Text of AZ HB 2062 (2025)
Sex-based terms; laws; rules; regulations
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As introduced
4,780 characters
PREFILED JAN 08 2025
REFERENCE TITLE: sex-based terms; laws; rules; regulations
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2062
Introduced by
Representatives
Fink: Keshel, Powell, Way
AN
ACT
amending title 1, Arizona Revised
Statutes, by adding chapter 9; relating to sex-based terms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, Arizona Revised Statutes,
is amended by adding chapter 9, to read:
CHAPTER 9
SEX-BASED TERMS IN LAW
ARTICLE 1. GENERAL PROVISIONS
START_STATUTE1-901. Definitions for sex-based terms used in statutes,
administrative rules, regulations and public policies
The following terms have the following meanings
as used in statutes, administrative rules, regulations and public policies
adopted by this state or by a political subdivision of this state:
1. "Boy" means a human male
who has not yet reached adulthood.
2. Equal, with respect to equality of
the sexes, does not mean same or identical.
3. "Father" means a male
parent of a child or children as defined by law.
4. "Female", when used in
reference to a natural person, means an individual who has, naturally had, will
have or would have, but for a developmental anomaly or accident, the
reproductive system that at some point produces ova.
5. "Girl" means a human
female who has not yet reached adulthood.
6. "Male", when used in
reference to a natural person, means an individual who has, naturally had, will
have or would have, but for a developmental anomaly or accident, the
reproductive system that at some point produces sperm for fertilization of
female ova.
7. "Man" means an adult
human of the male sex.
8. "Mother" means a female
parent of a child or children as defined by law.
9. "Sex":
(a) means a
person's biological sex, either male or female, at birth.
(b) Includes
only two sexes and every individual is either a male or FEMALE. an
individual with a difference in sex development does not establish a third
sex. An individual with a congenital and medically VERIFIABLE Disorder
or difference in sex development must be accommodated consistent with federal
and state law.
(c) Is
objective and fixed.
(d) Does not
include gender identity or any other term that is intended to convey a person's
subjective sense of self and may not be used as a synonym or substitute for the
term sex. END_STATUTE
START_STATUTE1-902. Use of the term sex; sex discrimination; single-sex
environments; vital statistics related to sex
A. Any
policy, program, rule or law that prohibits sex discrimination must prohibit
the unfair treatment of a female or male in relation to a similarly situated
member of the opposite sex.
B. This state and a political
subdivision of this state may provide a separate single-sex environment
for a male or female if the sexes are not similarly situated, particularly with
respect to biology. A single-sex environment includes
athletics, living facilities, locker rooms, bathrooms, domestic violence
shelters and sexual assault crises centers.
C. Any public school or public school
district or this state and any agency, department or political subdivision of
this state that collects vital statistics related to sex to comply with state
or federal antidiscrimination laws or to gather accurate public health, crime,
economic or other data shall identify each natural person who is part of the
collected data set as either male or female.
D. Complying with subsection d of
this section does not do either of the following:
1. Require the collection of data
regarding sex unless otherwise required by law.
2. Prevent the collection of
additional data points other than biological sex. END_STATUTE
Sec. 2. Purpose
The purpose of this act is to bring
clarity, certainty and uniformity to the laws of this state regarding sexual
discrimination, equality of the sexes and benefits or services that are
specifically provided to males and men and females and women.
Sec. 3. Severability
If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.
Sec. 4. Short title
This act shall be known and cited as
the "Arizona Sex-based Terms Act".