MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Universities and Colleges

By: Representative Horan

House Bill 725

AN ACT TO CREATE NEW SECTION 37-111-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE STATE BOARD OF INSTITUTIONS OF HIGHER LEARNING AND ANY COLLEGE OR UNIVERSITY UNDER ITS JURISDICTION FROM REQUIRING FRATERNITIES AND SORORITIES TO ACCEPT ANY PERSON WHO HAS GENDER REASSIGNMENT SURGERY, GENDER TRANSITION OR ANY GENDER TRANSITION PROCEDURES; TO AMEND SECTION 37-111-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 37-111-15, Mississippi Code of 1972:

     37-111-15.  (1)  Organizations of the character designated in Section 37-111-1 shall not be required to adhere to any rule or regulation promulgated by the State Board of Institutions of Higher Learning or any college or university under the board's authority that requires such organization to accept into membership a person who has had or in the process of having  gender reassignment surgery, gender transition or any gender transition procedures.  For purposes of this section, the terms "gender reassignment surgery", "gender transition" and "gender transition procedures" shall have the meanings described in Section 41-141-3.

     (2)  The State Board of Institutions of Higher Learning and any college or university under its authority shall not penalize or in any manner negatively change the benefits or resources of an organization of the character designated in Section 37-111-1 because the organization chooses not to accept into its membership any person who has had or is in the process of having gender reassignment surgery, gender transition or gender transition procedures.

     SECTION 2.  Section 37-111-11, Mississippi Code of 1972, is amended as follows:

     37-111-11.  Except as otherwise provided in Section 1 of this act, the members of organizations of the character designated in Section 37-111-1, shall be amenable to the same rules and regulations as any and all other students in the institution. In the event that the members of such an organization become guilty of continued violation of the rules and of infractions of discipline the board of trustees of state institutions of higher learning shall have the authority to dissolve such society and prohibit further meetings or its continuation as an organization. A failure to comply with the requirements of the trustees shall be a cause for suspension or expulsion from the institution as the faculty of the same may elect.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.