MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Rules

By: Representative McLean

House Concurrent Resolution 33

A CONCURRENT RESOLUTION REAFFIRMING BIOLOGICAL DIFFERENCES BETWEEN WOMEN AND MEN AND THE LEGAL PROTECTIONS AFFORDED TO WOMEN UNDER STATE LAW.

     WHEREAS, males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty; and

     WHEREAS, biological differences between the sexes mean that only females may get pregnant, give birth, and breastfeed children; and

     WHEREAS, biological differences between the sexes mean that males are, on average, larger in size and possess greater body strength than females; and

     WHEREAS, biological differences between the sexes can expose females to more harm than males from specific forms of violence, including sexual violence; and

     WHEREAS, women have achieved inspirational and significant accomplishments in education, athletics, and employment; and

     WHEREAS, recent misguided court rulings related to the definition of "sex" have led to endangerment of spaces and resources dedicated to women, thereby necessitating clarification of certain terms; and

     WHEREAS, we re-affirm that a person's sex means his or her biological sex at birth as male or female; and

     WHEREAS, we re-affirm that the terms "woman" and "girl" refer to human females; and

     WHEREAS, we reaffirm that the terms "man" and "boy" refer to human males; and

     WHEREAS, we reaffirm that the term "mother" means a parent of the female sex and the term "father" is defined as a parent of the male sex; and

     WHEREAS, there are important reasons to distinguish between the sexes with respect to athletics, prisons, domestic violence shelters, restrooms, and other  areas, particularly where biology, safety, and privacy are implicated; and

     WHEREAS, we recognize that policies and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny and permitted when they serve an important governmental objective and are substantially related to achieving that objective; and

     WHEREAS, for purposes of complying with federal laws that require state and local government agencies to collect or report data disaggregated by sex, such as federal antidiscrimination laws, agencies should base such data on the biological sex of individuals at birth as provided by law and this resolution:

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby reaffirm the biological differences between women and men and legal protections afforded to women under Mississippi state law.

     BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the members of the Capitol Press Corps.