This doc describes the so-called “Women’s Bill of Rights” and it's more developed successor model bill, the "Stand with Women Act". It lists bills, laws, and executive orders incorporating them in whole or in part, gives a small bit of background on the group which assembled them, and prints its text with index notation so that the list of bills can be annotated with which sections they incorporate.
Often, the anti-trans motives and tactics boil down simply to the notion that there’s no such thing as a real trans person and that those of us who say otherwise are delusional and harmful. That’s the crux of the Independent Women’s Forum’s manifesto and model bill, the so-called “Women’s Bill of Rights”, which I’ll abbreviate as WBR going forward. Under the cloak of protecting women and girls it lays out some of the basic notions that would fit right in with Janice Raymond’s The Transsexual Empire, but also with any other work that demonizes a group of people as monster outsiders who threaten women and children. Such sentiments are all too common throughout history and are too much on the rise in the current wave of “replacement theory” populism on the Right.
The WBR begins with a series of justifications and assertions about the binary nature of the sexes and their representatives, ignoring the overlapping bimodal nature thereof. It defines them in terms of their physical roles in procreation. It then casts cisgender women and cisgender girls in the role of perpetual victim and physical inferiority outside of that role. While referencing very real discrimination and violence that women and girls have and continue to experience, it casts men in general along with trans women (who it asserts are eternally men) in particular, as the perpetrators of those injuries. It never considers that trans women and girls are also women and girls, subject to those same slights not-to-mention the intersectional challenges of transmisogyny.
It then proceeds through a list of affirmations that erase the notion of gender identity and attempt to justify a legitimate government interest in discriminating on the basis of birth assigned sex for “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;” as well as otherwise maintaining all government records of a person according to their birth assigned sex and not, if different, their gender identity.
Thus the language of the WBR is suited to inclusion in bills justifying the erasure of trans people from government identity documents, the outing of trans people through the same, the removal of gender identity as a protected class against discrimination, anti-trans bathroom bills, and anti-trans sports bills.
It has appeared in all of those - sometimes all in the same bill.
As of this writing, the WBR was directly made into law through the legislative process in Kansas, North Dakota, and Tennessee in 2023; in Idaho, Louisiana, Mississippi, Oklahoma, and Utah in 2024, and through executive order by the governors of Oklahoma and Nebraska in 2023. Parts of it have featured in bills in bills for this year in several states (2025) and the key ideas found in most of it are also found in the first of President Trump's anti-trans Executive Orders in 2025.
The Movement Advancement Project (MAP), maintains a page documenting which states have enacted it and any similar bills which redefine "sex" in statute in order to discriminate against trans people.
This remainder of this document will describe the bill’s background, includes the text of the “Bill”, and include the bills, laws, and executive orders that have incorporated all or some of the language from the bill. For instance, some bills used the definitions of biological sex sections without explicitly including the bathroom, sports, and shelter bans. The letters and numbers following the bills indicate which sections of the WBR have been incorporated into that bill.
By 2025, Independent Women's Forum had expanded the WBR into the "Stand with Women" model bill which fleshes out the WBR's ideas of bathroom bans, domestic violence shelter bans and juvenile corrections facility placement bans into more formal legislation. .
This is a living document and I intend to rework it and add to it as needed.
The list of bills, laws, and executive orders containing some or all of the WBR begins on the next page.
[The letters and numbers index which parts of the WBR are used in the bills. Briefly:
1-4 define gender and sex as based around reproduction roles
5-6 say it’s ok to do “separate but equal” and that “equal” doesn’t have to be the same
7 says it’s ok to exclude trans folks from things according to their gender identity including;
Sports
Bathrooms, locker rooms, changing rooms and other public accommodations
Rape crisis centers and domestic violence centers
Prisons
8 acknowledges that government discrimination requires that the government has a legitimate interest in doing so - and says that it does.
9 Is the one that gets used for government IDs and says whenever the government collects data about a person it needs to collect their birth assigned gender
The letters indicate which of the various “whereas” introductory assertions are used, detailed at the end of this doc.
Stand with Women Act: 27 Bills in 18 states, 7 Laws in 7 states
Women's Bill of Rights: 24 Bills in 11 states, 1 Federal Executive Order, 2 Laws in 2 states
US
EO-14168 https://www.federalregister.gov/d/2025-02090 (Language is loosely connected to the WBoR, but structurally similar)
g, 1, 2, 3, 4, 7, 9
Alabama
HB 107 https://legiscan.com/AL/bill/HB107/2025 (A Stand with Women Act)
SB 79 (Law) https://legiscan.com/AL/bill/SB79/2025 (A Stand with Women Act)
Arizona
HB 2062 Arizona Sex-based Terms Act https://legiscan.com/AZ/bill/HB2062/2025
1, 2, 3, 4, 5, 7, 9
Arkansas
SB 486 https://legiscan.com/AR/bill/SB486/2025 (A Stand with Women Act)
Georgia
HB 267 The Riley Gains Act https://legiscan.com/GA/bill/HB267/2025 (A Stand with Women Act)
Idaho
H0049 https://legiscan.com/ID/bill/H0049/2025 (A Stand with Women Act)
H0190 Protecting the Privacy of Women https://legiscan.com/ID/bill/H0190/2025 (A Stand with Women Act)
H0264 Protecting the Privacy of Women https://legiscan.com/ID/bill/H0264/2025 (A Stand with Women Act)
Illinois
HB 1209 Classification by Biological Sex Act https://legiscan.com/IL/text/HB1209/2025
1, 2, 3, 4, 5, 8, 9
HB 4030 Definitions of Sex-Based Terms Act https://legiscan.com/IL/bill/HB4030/2025
Indiana
HB1456 https://legiscan.com/IN/bill/HB1456/2025 (A Stand with Women Act)
Iowa
HF 583 https://legiscan.com/IA/bill/HF583/2025
1, 2, 3, 4, 5, 6 (partially), 7, 9
HSB 242 https://legiscan.com/IA/bill/HSB242/2025
1, 2, 3, 4, 5, 6 (partially), 7, 9
SF 418 https://legiscan.com/IA/bill/SF418/2025
1, 2, 3, 4, 5, 6 (partially), 7, 9
Kentucky
HB5 https://legiscan.com/KY/bill/HB5/2025 (A Stand with Women Act)
SB 116 Kentucky Women's Bill of Rights https://legiscan.com/KY/bill/SB116/2025
Maine
LD868 An Act to Ensure Equity and Safety in Athletics, Restrooms, Changing Rooms and Housing at Elementary, Secondary and Postsecondary Schools https://legiscan.com/ME/bill/LD868/2025 (A Stand with Women Act)
Minnesota
HF 700 Women's Bill of Rights https://legiscan.com/MN/bill/HF700/2025
SF 1651 Women's Bill of Rights https://legiscan.com/MN/bill/SF1651/2025
Mississippi
HB 188 https://legiscan.com/MS/bill/HB188/2025 (A Stand with Women Act)
SB 2364 https://legiscan.com/MS/bill/SB2364/2025 (A Stand with Women Act)
SB 2516 https://legiscan.com/MS/bill/SB2516/2025 (A Stand with Women Act)
Missouri
HB 76 Defining Sex Act https://legiscan.com/MO/bill/HB76/2025
1, 2
HB 156 Relating to the Biological Definition of Male and Female https://legiscan.com/MO/bill/HB156/2025
1, 2, 3, 4
Montana
HB 121 https://legiscan.com/MT/bill/HB121/2025 (A Stand with Women Act)
Nebraska
LB 89 Stand With Women Act https://legiscan.com/NE/bill/LB89/2025 (A Stand with Women Act)
a, c, f, g, 2, 3
New Hampshire
NH HB 148 https://legiscan.com/NH/bill/HB148/2025
f, 1, 7 (this is very loosely drawn from the WBoR and SWW)
NH SB 268 https://legiscan.com/NH/bill/SB268/2025 (this is very loosely drawn from the WBoR and SWW)
NH SB 38 Relative to State Recognition of Biological Sex https://legiscan.com/NH/bill/SB38/2025 (this is very loosely drawn from the WBoR and SWW)
1, 7
New Mexico
HB 380 Women's Safety & Protection Act https://legiscan.com/NM/bill/HB380/2025 (A Stand with Women Act)
North Carolina
HB 791 Women's Safety and Protection Act https://legiscan.com/NC/bill/H791/2025 (A Stand with Women Act)
SB 516 Women's Safety and Protection Act https://legiscan.com/NC/bill/S516/2025 (A Stand with Women Act)
Oklahoma
SB 418 https://legiscan.com/OK/bill/SB418/2025 (A Stand with Women Act)
South Carolina
H3506 Human Biological Sexes https://legiscan.com/SC/bill/H3506/2025
1, 2, 3, 4, 6
South Dakota
HB 1259 https://legiscan.com/SD/bill/HB1259/2025 (A Stand with Women Act)
Tennessee
HB 0571 "Women's Safety and Protection Act." https://legiscan.com/TN/bill/HB0571/2025 (A Stand with Women Act)
SB 0468 "Women's Safety and Protection Act." https://legiscan.com/TN/bill/SB0468/2025 (A Stand with Women Act)
Texas
HB 229 https://legiscan.com/TX/bill/HB229/2025
a, b, c, d, e, f, g, 1, 2, 3, 4, 5, 6, 7, 8, 9
HB 239 Texas Women's Privacy Act https://legiscan.com/TX/bill/HB239/2025 (A Stand with Women Act)
HB 843 https://legiscan.com/TX/bill/HB843/2025
1, 2, 3, 4
HB 2704 Definition and Protection of A Woman Act https://legiscan.com/TX/bill/HB2704/2025 (A Stand with Women Act)
SB 84 https://legiscan.com/TX/bill/SB84/2025
a, b, c, d, e, f, g, 1, 2
West Virginia
HB 2006 https://legiscan.com/WV/bill/HB2006/2025 (A Stand with Women Act)
HB 2127 Women's Bill of Rights https://legiscan.com/WV/bill/HB2127/2025
SB 244 Women's Bill of Rights https://legiscan.com/WV/bill/SB244/2025
SB 456 Defining "men" and "women" https://legiscan.com/WV/bill/SB456/2025 (A Stand with Women Act)
SWW: All of Sections 1, 2, 3, 4, 4A, 4B, 4C, 5, 7
Wyoming
HB0032 https://legiscan.com/WY/bill/HB0032/2025
1, 2, 3, 4, 5, 6, 7, 8, 9
HB0072 https://legiscan.com/WY/bill/HB0072/2025 (A Stand with Women Act)
Alabama
HB 111 Sex Based Terms Defined https://legiscan.com/AL/bill/HB111/2024
1, 2, 3, 4, 5, 9
SB 92 Relating to Sex-Based Terminology https://legiscan.com/AL/bill/SB92/2024
g, 1, 2, 3, 4, 5, 9 (Language is paraphrased in places)
Arizona
HB 2391 Biological Sex Indicators https://legiscan.com/AZ/bill/HB2391/2024
1, 2, 3, 4, 5, 6, 7, 9
SB 1628 Sex Based Terms In Law https://legiscan.com/AZ/bill/SB1628/2024
1, 2, 3, 4, 7, 9
Florida
H 1233 An Act Relating to Biological Sex (pp. 22-24) https://legiscan.com/FL/bill/H1233/2024
1, 2, 3, 4, 5, 6, 7, 9
Georgia
HB 1128 Women’s Bill of Rights https://legiscan.com/GA/bill/HB1128/2024
1, 2, 3, 4, 5, 6, 7, 9
Idaho
H 421 (Law) Relating to an Individual’s Sex: (combination with revising language in Vulnerable Child Protection Act gender affirming care ban) https://legiscan.com/ID/bill/H0421/2024
1, 2, 3, 4, 5, 6, 7 (5 through 7 paraphrased),
Illinois
HB 4531 Classification of Biological Sex Act https://legiscan.com/IL/bill/HB4531/2023
1, 2, 3, 4, 5, 6, 7, 9
HB 5830 Classification of Biological Sex Act legiscan.com/IL/bill/HB5830/2023
Indiana
HB 1291 Gender Based Terms https://legiscan.com/IN/bill/HB1291/2024
1, 2, 3, 4
Iowa
HSB 649/HF 2389 An Act Relating to the Term “Sex” and Related Terms for Purposes of Statutory Construction https://legiscan.com/IA/bill/HSB649/2023
1, 2, 3, 4, 5, 6, 7, 9
Kentucky
HB 390 Sex Based Classifications/Women’s Bill of Rights https://legiscan.com/KY/bill/HB390/2024
a, g, 1, 2, 3, 4, 5, 7, 9
SB 336 Sex Based Classifications/Women’s Bill of Rights https://legiscan.com/KY/bill/SB336/2024
a, g, 1, 2, 3, 4, 5, 7, 9
Louisiana
HB 608 (Law) Women’s Safety and Protection Act https://legiscan.com/LA/bill/HB608/2024
1, 2, 3, 4, 7, 8
Minnesota
HF 5128 Minnesota Women's Bill of Rights https://legiscan.com/MN/bill/HF5128/2023
Mississippi
HB 1428 SAFER Act, aka Securing Areas for Females Effectively and Responsibly Act https://legiscan.com/MS/bill/HB1428/2024
1, 2, 3, 4, 7, 8, 9
HB 1521 Safe Dormitories Act https://legiscan.com/MS/bill/HB1521/2024
1, 2, 3, 4
HB 1606 Title IX Preservation Act https://legiscan.com/MS/bill/HB1606/2024
a, b, c, d, e, f, g, 1, 2, 3, 4, 7, 8, 9
HB 1607 Mississippi Women’s Bill of Rights https://legiscan.com/MS/bill/HB1607/2024
a, f, g, 1, 2, 3, 4, 5
HC 33 Women’s Rights https://legiscan.com/MS/bill/HC33/2024
a, b, c, d, g, 1, 3, 4, 7, 8, 9
SB 2722 Safe Dormitories Act https://legiscan.com/MS/bill/SB2722/2024
1, 2, 3, 4
SB 2753 SAFER Act (Law) https://legiscan.com/MS/bill/SB2753/2024
1, 2, 3, 4, 7, 8, 9
SB 2812 https://legiscan.com/MS/bill/SB2812/2024
a, f, g, 1, 2, 3, 4, 5
SB 2813 https://legiscan.com/MS/bill/SB2813/2024
1, 2
SB 2814 Title IX Preservation Act https://legiscan.com/MS/bill/SB2814/2024
a, b, c, d, e, f, g, 1, 2, 3, 4, 7, 8, 9
Missouri
HB 2308 legiscan.com/MO/bill/HB2308/2024
HB 2309 The Defining Sex Act legiscan.com/MO/bill/HB2309/2024
New Hampshire
HB 396 An Act Relative to State Recognition of Biological Sex https://legiscan.com/NH/bill/HB396/2024 (Carried over from 2023)
1, 7
New Mexico
HB 205 Women’s Bill of Rights https://legiscan.com/NM/bill/HB205/2024
1, 2, 3, 4, 5, 7, 9
Oklahoma
HB 1449 (Law) Women’s Bill of Rights https://legiscan.com/OK/bill/HB1449/2023 (Carried over from 2023)
1, 2, 3, 4, 5, 6, 9
HB 3120 Parent’s Bill of Rights https://legiscan.com/OK/bill/HB3120/2024
1, 2, 3, 4
SB 202 Women’s Bill of Rights https://legiscan.com/OK/bill/SB202/2024
1, 2, 3, 4, 5, 6, 9
SB 408 Women’s Bill of Rights https://legiscan.com/OK/bill/SB408/2024 (Carried over from 2023)
1, 2, 3, 4, 5, 6, 9
SB 1530 Women’s Bill of Rights https://legiscan.com/OK/bill/SB1530/2024
1, 2, 3, 4, 5, 6, 9
SB 1831 Statutory Construction; Modifying Definitions. https://legiscan.com/OK/bill/SB1831/2024
1, 2, 3, 4
Utah
HB 257 (law) Sex-Based Designations for Privacy, Anti-Bullying, and Women’s Opportunities (definitions only, small part of overall law) https://legiscan.com/UT/bill/HB0257/2024
1, 2, 3, 4, 5, 6
Virginia
HJR 86 Recognizing Rights of Women https://legiscan.com/VA/bill/HJR86/2024
a, b, d, e, f, g, 1, 2, 3, 4, 5, 8, 9
SJR 49 Recognizing Rights of Women https://legiscan.com/VA/bill/SJR49/2024
a, b, d, e, f, g, 1, 2, 3, 4, 5, 8, 9
West Virginia
HB 5243 West Virginia Women’s Bill of Rights https://legiscan.com/WV/bill/HB5243/2024
1, 2, 3, 4, 5, 7 (except prisons), 9
SB 601 West Virginia Women’s Bill of Rights https://legiscan.com/WV/bill/SB601/2024
1, 2, 3, 4, 5, 7 (except prisons), 9
Wyoming
HB 50 What Is A Woman Act https://legiscan.com/WY/bill/HB0050/2024
1, 2, 3, 4, 5, 6, 7, 8, 9
US
HB 9218 Defining Male and Female Act of 2024 https://legiscan.com/US/bill/HB9218/2023
a, g, 1, 2, 3, 4, 5, 7
SB 5356 Defining Male and Female Act of 2024 https://legiscan.com/US/bill/SB5356/2023
a, g, 1, 2, 3, 4, 5, 7
Alabama
HB 405 What Is A Woman Act https://legiscan.com/AL/bill/HB405/2023
1, 2, 3, 4, 5, 6, 7, 8, 9
Kansas
SB 180 (law) Women’s Bill of Rights https://legiscan.com/KS/bill/SB180/2023
1, 2, 3, 4, 5, 6, 7, 8, 9
SB 228 (law) Concerning Counties https://legiscan.com/KS/bill/SB228/2023
1, 2
Michigan
HJRE 0 Women’s Bill of Rights https://legiscan.com/MI/bill/HJRE/2023
1, 2, 3, 4, 5, 6, 7, 8, 9
Mississippi
HB 1074 Title IX Preservation Act https://legiscan.com/MS/bill/HB1074/2023
a, b, c, d, e, f, g, 1, 2, 3, 4, 7, 8, 9
HB 1144 Title IX Preservation Act https://legiscan.com/MS/bill/HB1144/2023
a, b, c, d, e, f, g, 1, 2, 3, 4, 5, 6, 7, 8, 9
SB 2076 Title IX Preservation Act https://legiscan.com/MS/bill/SB2076/2023
a, b, c, d, e, f, g, 1, 2, 3, 4, 5, 6, 7, 8, 9
SB 2773 Defense of Title IX Act https://legiscan.com/MS/bill/SB2773/2023
a, b, c, d, e, f, g, 1, 2, 3, 4, 5, 6, 7, 8, 9
New Hampshire
HB 396 An Act Relative to State Recognition of Biological Sex https://legiscan.com/NH/bill/HB396/2023 (Carried forward to 2024)
1, 7
a, c, d, f, 1, 2, 3, 4, 7, 9
North Dakota
HB 1474 (law) Relating to the Definition of Male, Female, Sex, and Scrap Metal Dealer https://legiscan.com/ND/bill/HB1474/2023
1, 2
HCR 3010 …Protect Women’s Rights… https://legiscan.com/ND/bill/HCR3010/2023
a, b, c, d, e, f, g, 5, 6, 7, 8, 9
Executive Order 2023-20 (law) Women’s Bill of Rights
1, 2, 3, 4, 7, 9
HB 1449 Women’s Bill of Rights https://legiscan.com/OK/bill/HB1449/2023 (Carried forward to 2024)
1, 2, 3, 4, 5, 6, 9
SB 408 Women’s Bill of Rights https://legiscan.com/OK/bill/SB408/2023 (Carried forward to 2024)
1, 2, 3, 4, 5, 6, 9
Tennessee
SB1440/HB0239 (law) https://legiscan.com/TN/bill/SB1440/2023
1
Texas
HB 3883 Relating to General Definitions For and Collection of Government Information Regarding Biological Sex https://legiscan.com/TX/bill/HB3883/2023
a, b, c, d, e, f, g, 1, 2, 3, 4, 5, 6, 7, 9
HB 3902 Relating to certain general definitions in the Code Construction Act https://legiscan.com/TX/bill/HB3902/2023
2, 3, 4
2023 X3 HB 182 Relating to certain general definitions in the Code Construction Act https://legiscan.com/TX/bill/HB182/2023/X3
1, 2, 3, 4
SB 1082 Relating to the definition and use of the terms "male" and "female" for purposes of certain government documents https://legiscan.com/TX/text/SB1082/2023
a, b, c, d, e, f, g, 1, 2, 9
US Congress HR 115 Women’s Bill of Rights https://legiscan.com/US/bill/HR115/2023
a, b, c, d, e, g, 1, 2, 3, 4, 7, 8, 9
US Senate SR 53 Women’s Bill of Rights https://legiscan.com/US/bill/SR53/2023
a, b, c, d, e, g, 1, 2, 3, 4, 7, 8, 9
US HR 1136 Women’s Bill of Rights https://legiscan.com/US/bill/HR1136/2021
a, b, c, d, e, g, 1, 3, 4, 7, 8, 9
US SR 644 Women’s Bill of Rights https://legiscan.com/US/bill/SR644/2021
a, b, c, d, e, g, 1, 3, 4, 7, 8, 9
The authors of this work, Independent Women’s Forum, began in 1992 as Women for Thomas, supporting the justice’s bid for SCOTUS membership. They have since opposed the ERA, Title IX, and Family leave, though they have framed their opposition to trans girls in sports as a pro-Title IX stance.
This is the text of the so-called Women’s Bill of Rights drafted by the Independent Women’s Forum, Independent Women’s Law Center, and Women’s Liberation Front (WoLF).
It was first published on March 31, 2022 and was introduced in both houses of Congress, six weeks later and other legislative bodies thereafter.
IWF engaged in a social media advertising campaign in addition to lobbying lawmakers directly, and in 2023 it appeared in over twenty separate bills in at least nine states, in addition to Congress. Three of those states turned five of those bills into law and two other states’ governors incorporated it into executive orders.
In 2024 it appears in at least 40 bills, two of which have already become law.
I’ve been making a super annotated version that tags each paragraph with the bills who use that segment. I’m adding letter indices to the “Whereas” lines to make annotations easier within the list of bills, laws, and executive orders above.
Whereas, males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty; (a) (SWW 2B)
Whereas, biological differences between the sexes mean that only females are able to get pregnant, give birth, and breastfeed children; (b)
Whereas, biological differences between the sexes mean that males are, on average, bigger, stronger, and faster than females; (c) (SWW 2G)
Whereas, biological differences between the sexes leave females more physically vulnerable than males to specific forms of violence, including sexual violence; (d) (SWW 2G)
Whereas, females have historically suffered from discrimination in education, athletics, and employment; (e)
Whereas, 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; (f)
Whereas, inconsistencies in court rulings and policy initiatives with respect to the definitions of ‘sex,’ ‘male,’ ‘female,’ ‘man,’ and ‘woman’ have led to endangerment of single-sex spaces and resources, thereby necessitating clarification of certain terms, (g) (SWW 2D)
We affirm that:
For purposes of state/federal law, a person’s ‘sex’ is defined as his or her biological sex (either male or female) at birth; (SWW 3Af)
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; (SWW 3Ad, 3Ae)
For purposes of state/federal law, ‘woman’ and ‘girl’ refer to human females, and the terms ‘man’ and ‘boy’ refer to human males; (SWW 3Aa, 3Ab)
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; (SWW 3Ac)
When it comes to sex, ‘equal’ does not mean ‘same’ or ‘identical’; (SWW 2A)
When it comes to sex, separate is not inherently unequal;
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; (SWW 4A)
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;
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. (SWW 5C)
MODEL LEGISLATION
An Act to Define Sex-Based Terms Used in State Code, Establish the State’s Interest in Protecting Single Sex-Spaces, Ensure the Accuracy of Publicly Collected Data, and Replace Ambiguous Terms.
A. The purpose of this Act is to bring clarity, certainty, and uniformity to the laws of the State regarding sex discrimination, privacy, equality of the sexes, and benefits or services specifically provided to men and women.
B. This Act shall apply wherever the State or an instrumentality of the State classifies people on the basis of sex or otherwise defines people as being female or male, women or men, girls or boys.
A. Males and females are legally equal, but they are not the same; (WBR 5)
B. Males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty; (WBR a)
C. These unique and immutable biological differences mean that females and males are not similarly-situated in all circumstances and are not interchangeable;
D. Inconsistencies in court rulings and policy initiatives regarding sex discrimination and common sex-based words have endangered women’s rights and resources and have put the existence of private, single-sex spaces in jeopardy, thereby necessitating clarification of certain terms used in state code. (WBR g)
E. The hard-earned legal equality between men and women is enshrined in the Fourteenth Amendment to the U.S. Constitution, federal laws including Title IX of the Education Amendments of 1972, and [state law].
F. In describing equality for women under the Fourteenth Amendment, the U.S. Supreme Court has explained that laws and governmental policies may account for the “enduring” physical differences between the sexes. United States v. Virginia, 518 U.S. 515, 533 (1996).
G. These physical differences include differences in reproductive anatomy, the basis for separate-sex facilities designed to protect personal privacy. Personal privacy is a natural instinct rooted in biological realities, including that males alone have the biological capability to impregnate women and that males are, on average, larger, stronger, and more violent than women. The state should protect women and girls’ natural desire to avoid exposing their bodies from males with whom they have limited relationships. (WBR c, d)
A. As used in this code and/or any administrative rules, regulations, or public policies adopted by the State or its instrumentalities:
a. a “woman” is an adult human of the female sex, and a “man” is an adult human of the male sex; (WBR 3)
b. a “girl” is a human female who is a legal minor under the laws of {STATE}, and a “boy” is a human male who is a legal minor under the laws of {STATE}—provided that the use of the term “girl” or “boy” in reference to the participation of a high-school-aged individual in a school or extracurricular program shall not be understood to exclude the participation of a student who is legally an adult; (WBR 3)
c. a “mother” is a female parent of a child or children as defined in {STATE} law; a “father” is a male parent of a child or children as defined in {STATE} law; (WBR 4)
d. a “female,” when this term is used in reference to a natural person, is an individual who naturally has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident the reproductive system that at some point produces ova; (WBR 2)
e. a “male,” when this term is used in reference to a natural person, is an individual who naturally has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident the reproductive system that at some point produces sperm; (WBR 2)
f. “sex,” when this term is used to classify or describe a natural person, means the state of being either male or female as observed or clinically verified at birth. There are only two sexes, and every individual is either male or female. (WBR 1)
i. Individuals with congenital and medically verifiable “DSD conditions” (sometimes referred to as “differences in sex development,” “disorders in sex development,” or “intersex conditions”) are not members of a third sex and must be accommodated consistent with state and federal law.
ii. “Sex” does not include “gender identity” or any other term intended to convey a person’s subjective sense of self; “gender identity” and other subjective terms are not synonyms or substitutes for “sex.”
g. "Domestic violence shelter" means a facility [that meets criteria in state law] providing shelter to victims of domestic violence, non-consensual sexual conduct, or stalking.
h. "Juvenile Detention facility" means a facility operated by [agency/political subdivision] for the secure detention and treatment of persons younger than eighteen years of age, including persons under the jurisdiction of a juvenile court, who are serving a sentence pursuant to a conviction in a state court or who are detained while waiting disposition of charges against them.
i. "Public school" means a school which is created pursuant to [state statute].
j. "Multiple Occupancy Restroom or Changing Room" means an area designed or designated to be used by more than one individual at the same time and in which one or more individuals may be in various stages of undress in the presence of other individuals. Such term includes, but shall not be limited to, the following:
i. Restrooms;
ii. Locker rooms; and
iii. Shower rooms.
k. "Sleeping quarters" means a room with more than one bed and in which more than one individual is housed overnight.
A. Notwithstanding any other provision of law to the contrary, no governmental agency, [as defined in statute], shall prohibit distinctions between the sexes with respect to athletics, correctional facilities, juvenile detention facilities, domestic violence shelters, or other accommodation where biology, safety, or privacy are implicated and that result in separate accommodations that are substantially related to the important government interest of protecting the health, safety, and privacy of individuals in such circumstances. (WBR 7)
A. To ensure the privacy and safety of women in domestic violence shelters, each such shelter shall:
a. Designate sleeping quarters and multiple occupancy restrooms or changing rooms:
i. for the exclusive use of females or
ii. for the exclusive use of males, and
b. Provide a reasonable accommodation to an individual who is unwilling or unable to use sleeping quarters or a multiple occupancy restroom or changing area designated for such individual's sex.
i. A reasonable accommodation under this paragraph may include, but shall not necessarily be limited to, allowing such individual to access a single-occupancy sleeping area, restroom, or changing area.
ii. A reasonable accommodation under this paragraph shall not include allowing such individual to access a sleeping quarter, restroom, or changing area that is designated for use by members of the opposite sex while members of the opposite sex of the individual are present or may be present in the sleeping quarter, restroom, or changing area.
B. This Section shall not be construed or applied to prohibit an individual from entering a multiple occupancy restroom or changing room or sleeping quarters designated for the opposite sex when he or she enters such area for one of the following reasons:
a. For authorized custodial, maintenance, or inspection purposes;
b. To render medical assistance;
c. To render assistance by law enforcement;
d. To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety; or
e. For young children, to accompany an adult caretaker.
C. Nothing in this Section shall be construed to prohibit a domestic violence shelter from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act.
A. To ensure the privacy and safety of students, each public or local school system in this state shall:
a. Designate multiple occupancy restrooms or changing rooms:
i. for the exclusive use of females, or
ii. for the exclusive use of males, and
b. Provide a reasonable accommodation to an individual who is unwilling or unable to use a multiple occupancy restroom or changing area designated for such individual's sex.
i. A reasonable accommodation under this paragraph may include, but shall not necessarily be limited to, allowing such individual to access a single-occupancy restroom or changing area.
ii. A reasonable accommodation under this paragraph shall not include allowing such individual to access a restroom or changing area that is designated for use by members of the opposite sex while members of the opposite sex of the individual are present or may be present in the restroom or changing area.
B. A public school or local school system that sponsors or supervises an overnight trip involving public school students shall ensure that a public school student attending the overnight trip either:
a. Shares sleeping quarters with a member or, if necessary, multiple members, of the same sex; or
b. Is provided single-occupancy sleeping quarters, except that
c. A public school student attending an overnight trip may share sleeping quarters with a member of the opposite sex if the member of the opposite sex is a member of such student's immediate family.
C. This Section shall not be construed or applied to prohibit an individual from entering a multiple occupancy restroom or changing room designated for the opposite sex when he or she enters such area for one of the following reasons:
a. For authorized custodial, maintenance, or inspection purposes;
b. To render medical assistance;
c. To render assistance by law enforcement;
d. To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety; or
e. For young children, to accompany an adult caretaker.
D. Nothing in this Section shall be construed to prohibit a public or local school system from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act.
A. To ensure the privacy and safety of incarcerated women and girls, each correctional facility and juvenile detention center shall:
a. Designate sleeping quarters and multiple occupancy restrooms or changing rooms:
i. for the exclusive use of females, or
ii. for the exclusive use of males, and
b. Provide a reasonable accommodation to an individual who is unwilling or unable to use sleeping quarters or a multiple occupancy restroom or changing area designated for such individual's sex.
i. A reasonable accommodation under this paragraph may include, but shall not necessarily be limited to, allowing such individual to access a single-occupancy sleeping area, restroom, or changing area.
ii. A reasonable accommodation under this paragraph shall not include allowing such individual to access a sleeping quarter, restroom, or changing area that is designated for use by members of the opposite sex while members of the opposite sex of the individual are present or may be present in the sleeping quarter, restroom, or changing area.
B. This Section shall not be construed or applied to prohibit an individual from entering a multiple occupancy restroom or changing room or sleeping quarters designated for the opposite sex when he or she enters such area for one of the following reasons:
a. For authorized custodial, maintenance, or inspection purposes;
b. To render medical assistance;
c. To render assistance by law enforcement;
d. To provide services or render aid during a natural disaster, a declared emergency, or when necessary to prevent a serious threat to good order or safety; or
e. For young children, to accompany an adult caretaker.
C. Nothing in this Section shall be construed to prohibit a correctional facility or juvenile detention facility from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act.
A. Males and females possess unique and immutable biological differences that can manifest in unique risks, harms, or sex-based discrimination, including crime victimhood, access to pregnancy and nursing related resources, and substance abuse;
B. Where the government seeks to understand and address sex-based differences particularly, data must be accurately collected on the basis of sex. Failure to do so risks improper identification and alleviation of trends and harms affecting citizens of the State.
C. Any public school, public school district, state agency, or subdivision of the State that directly collects vital statistics related to sex or the categories of male and female 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 natural person who is part of the collected data set as either male or female as defined in this Act. (WBR 9)
D. Compliance with this section shall not require the collection of data related to sex unless otherwise required by law, nor shall it prevent the collection of additional data points other than sex.
*This section requires an individualized replacement of “gender” where it is intended to convey sex. Why? Gender is a term that gained currency among feminist theorists in the 1970s as a way to distinguish biology from cultural expectations about sex roles. When statutes use “gender” as a synonym for “sex,” it opens the door to bureaucrats and judges treating the two terms alike, both as culturally (rather than biologically) determined.
For example: Title XX of the Code of State, relating to motor vehicles and traffic, is amended by revising paragraph (X) of subsection (Y) of Code Section Z, relating to applications, fees, and provisions for voluntary participation in various programs, as follows:
"(2) The department shall make available to procurement organizations information provided for in the Revised Uniform Anatomical Gift Act, including the name, license number, date of birth, gender sex, and most recent address of any person who obtains an organ donor driver's license; provided, however, that the gender information licensee’s sex of either male or female shall be made available only to a procurement organization if such organization or center has sufficient funds to cover the associated costs of providing such information.”
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
Michael Knowles on his appreciation of Kansas’s version of the WBR becoming law: Media Matters Staff, “Daily Wire host: ‘You have to ban transgenderism entirely’” Media Matters, 2/27/23
Branstetter, Gillian; Tseng, Esmie;“Transgender Kansans Intervene in Lawsuit to Block Attorney General from Denying Changes to Gender Markers on Driver’s Licenses” ACLU Kansas 7/11/23
Khatoon, Nimrah, “Rightwing Group Budgeted $6m to Promote Anti-Trans Messages in 2022” BNN, 9/24/23
Serano, Julia “Why Are Gender Critical Activists So Fond of Gametes?” 2/12/2024.
Alfonseca, Kiara “‘Women’s Bill of Rights’ Policies Could Impact Daily Lives of Transgender Community” ABC News, 2/13/2024
Chapman, Allison The Dangerous Scam of “the Women’s Bill of Rights”, Slate, 3/8/2024