Text of IL HB 1209 (2025)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1209 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: New Act 5 ILCS 70/1.46 new 5 ILCS 70/1.47 new 5 ILCS 70/1.48 new 5 ILCS 70/1.49 new Creates the Classification by Biological Sex Act. Sets forth findings. Provides that any public school or school district and any State or local agency, department, or office that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose of gathering public health, crime, economic, or other data shall classify each individual who is part of the collected data set as either male or female at birth. Amends the Statute on Statutes. Sets forth the meaning of the following terms as used in any statute or any rule or regulation: sex; female and male; woman and girl; man and boy; and mother and father. LRB104 03628 BDA 13652 b A BILL FOR HB1209LRB104 03628 BDA 13652 b 1 AN ACT concerning sex-based classification. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5Classification by Biological Sex Act. 6 Section 5. Findings. The General Assembly finds that: 7 (1) When it comes to biological sex, "equal" not does 8 not mean "same" or "identical". 9 (2) Policies and laws that distinguish between the 10 sexes are subject to intermediate constitutional scrutiny, 11 which forbids unfair discrimination against similarly 12 situated males and females, but allows the law to 13 distinguish between the sexes if doing so is substantially 14 related to important governmental objectives. 15 Section 10. Data classification. Any public school or 16school district and any State or local agency, department, or 17office that collects vital statistics for the purpose of 18complying with antidiscrimination laws or for the purpose of 19gathering public health, crime, economic, or other data shall 20classify each individual who is part of the collected data set 21as either male or female at birth. HB1209- 2 -LRB104 03628 BDA 13652 b 1 Section 15. The Statute on Statutes is amended by adding 2Sections 1.46, 1.47, 1.48, and 1.49 as follows: 3 (5 ILCS 70/1.46 new) 4 Sec. 1.46. Biological sex. Notwithstanding any other 5provision of law, in determining the meaning of any statute or 6any rule or regulation, a person's sex is either male or 7female, as classified at birth. 8 (5 ILCS 70/1.47 new) 9 Sec. 1.47. Female or male. Notwithstanding any other 10provision of law, in determining the meaning of any statute or 11any rule or regulation, a female is an individual whose 12biological reproductive system is developed to produce ova, 13and a male is an individual whose biological reproductive 14system is developed to fertilize the ova of a female. 15 (5 ILCS 70/1.48 new) 16 Sec. 1.48. Woman and girl; man and boy. Notwithstanding 17any other provision of law, in determining the meaning of any 18statute or any rule or regulation, the terms "woman" and 19"girl" refer to a human female, and the terms "man" and "boy" 20refer to a human male. 21 (5 ILCS 70/1.49 new) 22 Sec. 1.49. Mother or father. Notwithstanding any other HB1209- 3 -LRB104 03628 BDA 13652 b 1provision of law, in determining the meaning of any statute or 2any rule or regulation, a mother is a parent of the female sex, 3and a father is a parent of the male sex.