Text of MN HF 5128 (2024)
Minnesota Women's Bill of Rights created, and terms of all statutes and rules defined.
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As introduced
5,347 characters
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A bill for an act
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relating to civil law; creating the Minnesota Women's Bill of Rights; defining
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terms for all statutes and rules; proposing coding for new law in Minnesota Statutes,
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chapter 15.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. [15.013] MINNESOTA WOMEN'S BILL OF RIGHTS.
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Subdivision 1. Title; application. (a) This act shall be known and may be cited as the
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"Minnesota Women's Bill of Rights."
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(b) The Minnesota Women's Bill of Rights applies wherever the state or an instrumentality
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of the state classifies people on the basis of sex or otherwise defines people as being female
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or male, women or men, girls or boys, and the definitions contained in this section apply.
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Subd. 2. Definitions. (a) As used in Minnesota Statutes, administrative rules, and official
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agency policies:
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(1) "woman" means an adult human of the female sex, and a "man" is an adult human
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of the male sex;
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(2) "girl" means a human female who has not yet reached adulthood, and a "boy" is a
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human male who has not yet reached adulthood;
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(3) "mother" means a female parent of a child or children;
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(4) "female," when used in reference to a natural person, means an individual who has,
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had, will have, or would have (but for a developmental anomaly, genetic anomaly, or
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accident) the reproductive system that at some point produces ova;
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Section 1.
REVISOR
SGS/MI
24-07964
03/18/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 5128
NINETY-THIRD SESSION
Authored by Zeleznikar, Knudsen, Mueller, Gillman, Anderson, P. E., and others
03/21/2024
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
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(5) "male," when used in reference to a natural person, means an individual who has,
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had, will have, or would have (but for a developmental anomaly, genetic anomaly, or
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accident) the reproductive system that at some point produces sperm for fertilization of
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female ova;
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(6) "father" means a male parent of a child or children; and
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(7) "sex" means his or her biological sex, either male or female, designated at birth.
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There are only two sexes, and every individual is either male or female. "Sex" does not
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include gender identity or any other terms intended to convey a person's sense of self; and
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gender identity and other terms may not be used as synonyms or substitutes for "sex."
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(b) Individuals with differences in sex development also known as DSD or intersex
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conditions are not a third sex. Individuals with a congenital and medically verifiable DSD
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diagnosis must be accommodated consistent with state and federal law.
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Subd. 3. Discrimination. (a) Any policy, program, or statute that prohibits sex
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discrimination shall be construed to forbid unfair treatment of females or males in relation
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to similarly situated members of the opposite sex.
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(b) Because the state has an important interest in preventing unjust discrimination and
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in maintaining safety, privacy, and fairness, the state may provide separate single-sex
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environments for males and females where the sexes are not similarly situated, particularly
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with respect to biology, including but not limited to athletics, living facilities, locker rooms,
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bathrooms, domestic violence shelters, and rape crisis centers without running afoul of
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antidiscrimination mandates.
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(c) Wherever the state provides separate single-sex environments for males and females,
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the definitions established in this section must apply.
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Subd. 4. Data collection on the characteristic of sex. (a) Any public school, public
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school district, agency, department, or instrumentality of the state that collects vital statistics
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related to sex for the purpose of complying with state or federal antidiscrimination laws or
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for the purpose of gathering accurate public health, crime, economic, or other data shall
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identify each natural person who is part of the collected data set as either male or female
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as defined in this section.
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(b) Compliance with this section shall not require the collection of data regarding sex
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unless otherwise required by law, and it shall not prevent the collection of additional data
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points other than biological sex.
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Section 1.
REVISOR
SGS/MI
24-07964
03/18/24
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Subd. 5. Severability. If any provision of this section, or the application of this section
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to any person or circumstance is held to be unconstitutional, the remainder of this section,
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the amendments made by this section, and the application of the provisions of this section
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to any person or circumstance shall not be affected thereby.
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Sec. 2. REVISOR INSTRUCTION.
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The revisor of statutes shall delete the word "gender" and insert the word "sex" when
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the term is standing alone and not part of a phrase, such as gender identity.
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Sec. 2.
REVISOR
SGS/MI
24-07964
03/18/24