Text of US SB 5356 (2024)

II 118TH CONGRESS 2D SESSION S. 5356 To establish clear and consistent biological definitions of male and female. IN THE SENATE OF THE UNITED STATES NOVEMBER 20, 2024 Mr. MARSHALL (for himself, Mr. RISCH, Mr. CRAPO, and Mrs. HYDE-SMITH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish clear and consistent biological definitions of male and female. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Defining Male and Fe- 4 male Act of 2024’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) In human beings, there are two—and only 8 two—sexes: male and female, which refer to the two 9 body structures (phenotypes) that, in normal devel- 10 VerDate Sep 11 2014 18:04 Nov 25, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5356.IS S5356 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 5356 IS opment, correspond to one or the other gamete— 1 sperm for males and ova for females. 2 (2) Every individual is either male or female. 3 (3) An individual’s sex can be observed or clini- 4 cally verified at or before birth. 5 (4) Rare disorders of sexual development are 6 not exceptions to the binary nature of sex. 7 (5) In no case is an individual’s sex determined 8 by stipulation or self-identification. 9 (6) There is increasing confusion about the def- 10 inition of sex as a biological truth, the implications 11 of sex, and its relationship to concepts and terms in- 12 cluding sex assigned at birth, gender, gender iden- 13 tity, gender role, gender expression, and experienced 14 gender. 15 (7) Confusion and ambiguities surrounding the 16 definitions of sex, male, female, and related terms 17 can hinder individual efforts to enjoy equal treat- 18 ment under the law. 19 (8) Legal equality of the two sexes—male and 20 female—does not imply that the sexes are identical 21 to each other or are the same in every respect. 22 (9) With respect to the two sexes—male and fe- 23 male—separate facilities or sports leagues estab- 24 lished because of or organized according to physical 25 VerDate Sep 11 2014 18:04 Nov 25, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5356.IS S5356 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 5356 IS differences between the sexes do not constitute un- 1 equal treatment under the law. 2 (10) Physical differences between males and fe- 3 males are enduring, and the two sexes are not fun- 4 gible. 5 (11) To prevent further efforts to undermine 6 the longstanding meaning and understanding of sex, 7 male, female, and related terms, it is necessary for 8 Congress to reaffirm and codify the meaning of 9 these terms. 10 SEC. 3. DEFINITION OF ‘‘SEX’’, ‘‘MALE’’, ‘‘FEMALE’’, AND RE- 11 LATED TERMS. 12 Chapter 1 of title 1, United States Code, is amended 13 by adding at the end the following: 14 ‘‘SEC. 9. DEFINITION OF ‘SEX’, ‘MALE’, ‘FEMALE’, AND RE- 15 LATED TERMS. 16 ‘‘In determining the meaning of any Act of Congress, 17 or of any ruling, regulation, or interpretation of the var- 18 ious departments and Federal agencies of the United 19 States, the word— 20 ‘‘(1) ‘boy’ means a minor human male; 21 ‘‘(2) ‘father’ means a male parent; 22 ‘‘(3) ‘female’, when used to refer to a natural 23 person, means an individual who naturally has, had, 24 will have, or would have, but for a congenital anom- 25 VerDate Sep 11 2014 18:04 Nov 25, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5356.IS S5356 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 5356 IS aly or intentional or unintentional disruption, the re- 1 productive system that at some point produces, 2 transports, and utilizes eggs for fertilization; 3 ‘‘(4) ‘gender’, when used alone to refer to 4 males, females, or the natural differences between 5 males and females— 6 ‘‘(A) shall be considered a synonym for 7 sex; and 8 ‘‘(B) shall not be considered a synonym or 9 short-hand expression for gender identity, expe- 10 rienced gender, gender expression, or gender 11 role, 12 except that this definition shall not apply when the 13 term ‘gender’ is used in conjunction with other 14 words or as an adjective to modify other words, or 15 when context or explicit definition in law indicates 16 otherwise; 17 ‘‘(5) ‘gender identity’ does not mean sex or gen- 18 der; 19 ‘‘(6) ‘girl’ means a minor human female; 20 ‘‘(7) ‘male’, when used to refer to a natural 21 person, means an individual who naturally has, had, 22 will have, or would have, but for a congenital anom- 23 aly or intentional or unintentional disruption, the re- 24 VerDate Sep 11 2014 00:21 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5356.IS S5356 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 5356 IS productive system that at some point produces, 1 transports, and utilizes sperm for fertilization; 2 ‘‘(8) ‘man’, except when used as a generic ref- 3 erence to human beings, means an adult human 4 male; 5 ‘‘(9) ‘mother’ means a female parent; 6 ‘‘(10) ‘sex’, when referring to an individual’s 7 sex, shall be understood to refer to either male or fe- 8 male, as biologically determined and defined by this 9 section; and 10 ‘‘(11) ‘woman’ means an adult human female.’’. 11 Æ VerDate Sep 11 2014 18:04 Nov 25, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S5356.IS S5356 ssavage on LAPJG3WLY3PROD with BILLS