Text of MS SB 2773 (2023)

MISSISSIPPI LEGISLATURE 2023 Regular Session To: Judiciary, Division A By: Senator(s) Hill, Branning Senate Bill 2773 AN ACT TO ENACT THE DEFENSE OF TITLE IX ACT; TO PROVIDE INTERPRETATION AND CLARIFICATION OF CERTAIN TERMS RELATING TO TITLE IX OF THE FEDERAL CODE; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO CLARIFY TERMS FOR THE PURPOSES OF STATE LAW; TO PROVIDE THAT POLICIES AND LAWS THAT DISTINGUISH BETWEEN THE SEXES ARE SUBJECT TO INTERMEDIATE CONSTITUTIONAL SCRUTINY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) This section shall be known and may be cited as "The Defense of Title IX Act." (2) The Legislature finds and declares that: (a) Males and females possess unique and immutable biological differences that manifest prior to birth and increase with age and puberty. (b) Biological differences between the sexes mean that only females can get pregnant, give birth and breastfeed children. (c) Biological differences between the sexes mean that males are, on average, larger in size and possess greater body strength than females. (d) Whereas biological differences between the sexes can expose females to greater harm than males from specific forms of violence, including sexual violence. (e) Females have historically suffered from discrimination in education, athletics and employment. (f) Females have achieved inspirational and significant accomplishments in education, athletics and employment. (g) Biological differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic or other spaces in order to ensure safety and/or to allow members of each sex to succeed and thrive. (h) When it comes to sex: (i) "Equal" does not mean "same" or "identical"; and (ii) Separate is not inherently unequal. (i) Recent misguided court rulings and policy initiatives relating to the definition of "sex" have led to the endangerment of single-sex spaces and resources dedicated to women, thereby necessitating clarification of certain terms. (3) Therefore, it is the intent of the Legislature that: (a) For purposes of state/federal law, a person's "sex" is defined as his or her biological sex (either male or female) at birth. (b) For purposes of state/federal law, a 'female' is an individual whose biological reproductive system is developed to produce ova; a 'male' is an individual whose biological reproductive system is developed to fertilize the ova of a female. (c) For purposes of state/federal law, 'woman' and 'girl' refer to human females, and the terms 'man' and 'boy' refer to human males. (d) For purposes of state/federal law, the word 'mother' is defined as a parent of the female sex and 'father' is defined as a parent of the male sex. (e) When it comes to sex, 'equal' does not mean 'same' or 'identical'. (f) When it comes to sex, separate is not inherently unequal. (g) There are legitimate reasons to distinguish between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and other areas where biology, safety, and/or privacy are implicated. (h) Policies and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny, which forbids unfair discrimination against similarly-situated males and females but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives. (i) Any public school or school district and any federal/state/local agency, department, or office that collects vital statistics 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 at birth. SECTION 2. This act shall take effect and be in force from and after July 1, 2023.