Text of NM HB 205 (2024)

underscored material = new [bracketed material] = delete 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 HOUSE BILL 205 56TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2024 INTRODUCED BY Andrea Reeb and Jenifer Jones and Gail Armstrong and Cathrynn N. Brown and Candy Spence Ezzell AN ACT RELATING TO SEX; ENACTING THE WOMEN'S BILL OF RIGHTS ACT; PROVIDING FOR SINGLE-SEX ENVIRONMENTS; PROVIDING GUIDELINES FOR DATA COLLECTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Women's Bill of Rights Act". SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Women's Bill of Rights Act: A. "boy" means a human male who is under eighteen years of age; B. "equal" does not mean "same" or "identical" with respect to the treatment of the different sexes and the objective and enduring physical differences between men and women; .227078.3 underscored material = new [bracketed material] = delete 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 C. "father" means a male parent of a child or children; D. "female" means a person who has had, will have through biological development or would have but for a developmental anomaly, genetic anomaly or accident, the reproductive system that at some point produces ova; E. "girl" means a human female who is under eighteen years of age; F. "male" means a person who has had, will have through biological development or would have but for a developmental anomaly, genetic anomaly or accident, the reproductive system that at some point produces sperm; G. "man" means an adult human of the male sex; H. "mother" means a female parent of a child or children; I. "sex" means a person's objective or fixed biological categorization of either male or female as observed or clinically verified at birth; "sex" does not mean gender; and J. "woman" means an adult human of the female sex. SECTION 3. [NEW MATERIAL] SEX DISCRIMINATION--SINGLE-SEX ENVIRONMENTS.-- A. Any New Mexico policy, program or statute that prohibits discrimination on the basis of sex shall be construed as forbidding unfair treatment of females or males in relation .227078.3 - 2 - underscored material = new [bracketed material] = delete 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 to similarly situated members of the opposite sex. A statute prohibiting discrimination on the basis of sex shall not be construed as prohibiting separation on the basis of sex in all instances. B. The state or its political subdivisions and instrumentalities may provide environments designated for one sex exclusively, where the single sexes are not similarly situated, including: (1) prisons and detention centers; (2) athletic facilities, including locker rooms; (3) athletic competitions; (4) institutions of higher education; (5) living facilities; (6) bathrooms; (7) domestic violence shelters; and (8) rape crisis centers. SECTION 4. [NEW MATERIAL] SEX-SPECIFIC DATA COLLECTION.-- A public school, school district, state agency or political subdivision of the state that collects vital statistics related to sex for the purpose of complying with antidiscrimination laws or for the purpose of gathering accurate public health, crime, economic or other data shall, to the extent feasible, identify each natural person who is part of the collected data set as either male or female. Compliance with this section .227078.3 - 3 - underscored material = new [bracketed material] = delete 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 shall not require the collection of data related to sex unless otherwise required by law, and it shall not prevent the collection of additional data points other than sex. SECTION 5. [NEW MATERIAL] SEVERABILITY.--If any part or application of the Women's Bill of Rights Act is held invalid, the remainder or its application to other situations or persons shall not be affected. - 4 - .227078.3