MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary A
By: Representative Hobgood-Wilkes
AN ACT TO CREATE THE TITLE IX PRESERVATION ACT; TO STATE LEGISLATIVE INTENT; TO PROVIDE INTERPRETATION AND CLARIFICATION OF CERTAIN TERMS RELATING TO TITLE IX OF THE FEDERAL CODE; TO CLARIFY TERMS FOR THE PURPOSES OF STATE LAW; TO PROVIDE THAT POLICIES AND LAWS THAT DISTINGUISH BETWEEN THE SEXES ARE SUBJECT TO INTERMEDIATE CONSTITUTIONAL SCRUTINY; TO REQUIRE ANY PUBLIC SCHOOL, SCHOOL DISTRICT, STATE OR 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 TO IDENTIFY EACH INDIVIDUAL WHO IS PART OF THE COLLECTED DATA SET AS EITHER MALE OR FEMALE AT BIRTH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as "Title IX Preservation Act."
SECTION 2. The Legislature finds that:
(a) Males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty;
(b) Biological differences between the sexes means that only females are able to get pregnant, give birth, and breastfeed children;
(c) Biological differences between the sexes means that males are, on average, bigger, stronger, and faster than females;
(d) Biological differences between the sexes leave females more physically vulnerable than males to specific forms of violence, including sexual violence;
(e) Females have historically suffered from discrimination in education, athletics, and employment;
(f) 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; and
(g) 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.
SECTION 3. For purposes of state law:
(a) A person's "sex" is defined as his or her biological sex, either male or female, at birth;
(b) 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;
(c) "Woman" and "girl" refer to human females, and the terms "man" and "boy" refer to human males;
(d) The word "mother" is defined as a parent of the female sex and "father" is defined as a parent of the male sex;
(e) When it comes to sex, "equal" does not mean "same" or "identical"; and
(f) When it comes to sex, separate is not inherently unequal.
SECTION 4. 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.
SECTION 5. 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.
SECTION 6. Any public school or school district and any state or 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.
SECTION 7. This act shall take effect and be in force from and after July 1, 2023.