Defining "Sex" In State/Federal Law

GOP legislators introduced a resolution in Congress this week to define 'sex' as a person's biological sex at birth

It’s a sign of the times that a Women’s Bill of Rights was introduced in the U.S. Congress this week to protect the sanctity of women’s sports, private spaces (i.e., locker room, restrooms), women’s prisons, domestic violence and rape crisis centers, etc.

When the nation’s major civil rights laws were passed decades ago, no one questioned the meaning of the term “sex.” It was universally understood to protect girls and women.

In 2020, the U.S. Supreme Court held that gay men and male transgender workers are protected under the provision of Title VII of the Civil Rights Act of 1964 relating to sex (a decision that was disputed last month by the Iowa Supreme Court).

Then, in 2021, Democratic Pres. Joe Biden, on his first day in office, signed an executive order modifying Title IX of the Education Amendments of 1972 to guarantee “an educational environment free on the basis of sex, including sexual orientation or gender identity.”

Biden’s order in particular has caused upheaval.

Societal Upheaval

Polls show most American believe there are legitimate reasons to make some distinctions between biological females and males. But Biden’s order states that an educational institution or prison that fails to treat a man who merely “identifies” as a woman exactly the same as a biological female could result in a loss of federal funding.

The inanity of Biden’s dictum was apparent earlier this year when a 6’4” transgender woman from the University of Pennsylvania who was a mediocre swimmer on the UP’s male team a year earlier smashed women’s top swimming records.

GOP Congresswoman Debbie Lesko, AZ-08, introduced the Women’s Bill of Rights, with Reps Jim Banks (R-IN), Diana Harshbarger (R-TN), and Mary Miller (R-IL). It is currently co-sponsored by eight other representatives. At a press conference, many of the legislators talked about protecting their daughters from unfair competition.

Some snippets from the Women’s Bill of Rights: