MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A
By: Senator(s) Robinson, Rhodes
AN ACT TO STATE LEGISLATIVE FINDINGS REGARDING MEN AND WOMEN CONCERNING THEIR STATUS AS LEGALLY EQUAL BUT POSSESSING UNIQUE AND IMMUTABLE BIOLOGICAL DIFFERENCES THAT MANIFEST PRIOR TO BIRTH AND INCREASE AS THEY AGE AND EXPERIENCE PUBERTY; TO CREATE NEW SECTION 1-3-40, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERMS OF "WOMAN," "MAN," "GIRL," "BOY," "MOTHER," "FATHER," "MALE," "FEMALE" AND "SEX" WHEN THE TERMS ARE USED IN ANY STATUTE IN ORDER TO PREVENT UNJUST DISCRIMINATION, MAINTAIN SAFETY, PROTECT PRIVACY, AND ENSURE FAIRNESS; TO PROVIDE FOR SEVERABILITY OF THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds and declares that:
(a) Men and women are legally equal but possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty.
(b) The State of Mississippi has an important interest in preventing unjust sex discrimination and in maintaining safety, privacy and fairness for all Mississippians.
(c) 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.
(d) Inconsistencies in court rulings and policy initiatives regarding sex discrimination and common sex-based words have endangered women's rights and resources and have put the existence of sex-based legal distinctions in jeopardy.
(e) "Sex" is objective and fixed. There are only two sexes, and every individual is either male or female.
(f) "Equal" does not necessarily mean "same" or "identical" with respect to the treatment of persons of different sexes because there are objective, immutable and enduring physical differences between males and females.
(g) Persons with "DSD conditions"(sometimes referred to as "differences in sex development," "disorders of sex development," or "intersex conditions") are not members of a third sex. Persons with a congenital and medically verifiable DSD diagnosis must be accommodated consistently with state and federal law.
SECTION 2. The following shall be codified as Section 1-3-40, Mississippi Code of 1972:
1-3-40. In order to prevent unjust discrimination, maintain safety, protect privacy and ensure fairness, the following terms shall be defined accordingly:
(a) A "woman" is an adult human of the female sex.
(b) A "man" is an adult human of the male sex.
(c) (i) A "girl" is a human female who is a legal minor as defined by Section 1-3-27.
(ii) A "boy" is a human male who is a minor as defined by Section 1-3-27.
(iii) The term "girl" or "boy," when used in any statute in reference to the participation of a high-school-aged individual in a school or extracurricular program, shall not be understood to exclude the participation of a student who is a "woman" or "man," respectively.
(d) A "mother" is a female parent of a child or children.
(e) A "father" is a male parent of a child or children.
(f) The term "female," when used in any statute in reference to a natural person, means an individual who has, had, will have through the course of normal development, or would have (but for a developmental anomaly, genetic anomaly, or accident) the reproductive system that at some point produces ova.
(g) The term "male," when used in any statute in reference to a natural person, means an individual who has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident the reproductive system that at some point produces sperm.
(h) The term "sex," when used in any statute in reference to a person's sex, means his or her biological sex (either male or female) as observed or clinically verified at birth. "Sex" does not include "gender identity" or any other terms intended to convey a person's subjective sense of self. "Gender identity" and other such subjective terms may not be used as synonyms or substitutes for "sex."
SECTION 3. This act shall severable as provided by Section 1-3-77.
SECTION 4. This act shall take effect and be in force from and after its passage.