[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9218 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9218
To establish a clear and consistent biological definition of male and
female.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Mrs. Miller of Illinois (for herself, Mr. Harris, Mr. Mooney, Mr.
Guest, Mr. Self, Mr. LaMalfa, Mr. Steube, Mrs. Lesko, Mrs. McClain,
Mrs. Luna, Ms. Boebert, Ms. Tenney, and Mr. Moore of Alabama)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish a clear and consistent biological definition of male and
female.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defining Male and Female Act of
2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In human beings, there are two--and only two--sexes:
male and female, which refer to the two body structures
(phenotypes) that, in normal development, correspond to one or
the other gamete--sperm for males and ova for females.
(2) Every individual is either male or female.
(3) An individual's sex can be observed or clinically
verified at or before birth.
(4) Rare disorders of sexual development are not exceptions
to the binary nature of sex.
(5) In no case is an individual's sex determined by
stipulation or self-identification.
(6) There is increasing confusion about the definition and
implications of sex as a biological truth and its relationship
to concepts and terms including but not limited to sex assigned
at birth, gender, gender identity, gender role, gender
expression, and experienced gender.
(7) Confusion and ambiguities surrounding the definitions
of sex, male, female, and related terms can hinder individual
efforts to enjoy equal treatment under the law.
(8) Legal equality of the two sexes--male and female--does
not imply that the sexes are identical to each other or are the
same in every respect.
(9) With respect to the two sexes--male and female--
separate facilities or sports leagues established because of or
organized according to physical differences between the sexes
do not constitute unequal treatment under the law.
(10) Physical differences between males and females are
enduring, and the two sexes are not fungible.
(11) To prevent further efforts to undermine the
longstanding meaning and understanding of sex, male, female,
and related terms, it is necessary for Congress to reaffirm and
codify the meaning of these terms.
SEC. 3. DEFINITION OF ``SEX'', ``MALE'', ``FEMALE'', AND RELATED TERMS.
Chapter 1 of title 1, United States Code, is amended by adding at
the end the following:
``Sec. 9. Definition of `sex', `male', `female', and related terms
``In determining the meaning of any Act of Congress, or of any
ruling, regulation, or interpretation of the various administrative
bureaus and agencies of the United States, the word--
``(1) `sex', when referring to individual's sex, shall be
understood to refer to either male or female, as biologically
determined and defined by this section;
``(2) `female', when referring to a natural person, means
an individual who naturally has, had, will have, or would have,
but for a developmental or genetic anomaly or historical
accident, the reproductive system that at some point produces,
transports, and utilizes eggs for fertilization;
``(3) `male', when referring to a natural person, means an
individual who naturally has, had, will have, or would have,
but for a developmental or genetic anomaly or historical
accident, the reproductive system that at some point produces,
transports, and utilizes sperm for fertilization;
``(4) `woman' means an adult human female;
``(5) `girl' means a minor human female;
``(6) `man' means an adult human male;
``(7) `boy' means a minor human male;
``(8) `mother' means a female parent;
``(9) `father' means a male parent;
``(10) `gender'--
``(A) means--
``(i) males, females, or the natural
differences between males and females, unless
such term is otherwise specified or used alone
(rather than with or as an adjective modifying
other words); and
``(ii) a synonym for sex; and
``(B) does not mean a synonym for terms or ideas
such as gender identity, experienced gender, gender
expression, or gender roles; and
``(11) `gender identity' does not mean sex or gender.''.
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