HB405 Alabama 2023 Session

Summary

Primary Sponsor

Susan DuBoseRepresentative

Republican

Session

Regular Session 2023

Title

Relating to definitions used in state law; to provide legislative findings; to amend Section 1-1-1, Code of Alabama 1975, to define terms and delete obsolete or unnecessary definitions; to require vital statistics records to identify each individual as male or female at birth; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB405 creates the What Is a Woman Act, defines sex-related terms in Alabama law, and requires birth sex to be identified as male or female in vital statistics records while updating existing definitions.

What This Bill Does

The bill defines key terms such as man, woman, boy, girl, father, mother, male, female, and sex for use in state law. It requires state and local agencies that collect vital statistics to identify each birth as male or female. It deletes obsolete definitions and makes non-substantive, technical updates to the Code. It provides legislative findings about sex distinctions, allows certain sex-based distinctions (e.g., in athletics, prisons, shelters, bathrooms) under applicable legal standards, and preserves the ability to comply with federal laws and grants.

Who It Affects

• State and local vital statistics offices and subdivisions that collect birth data, which would be required to identify each birth as male or female.
• Public schools, school districts, and state agencies that collect data for anti-discrimination, public health, crime, or economic purposes, which would record birth sex as male or female in data sets.
• Individuals and families in Alabama, whose birth sex would be recorded and used under the bill's definitions and data collection rules.
• Entities that administer programs or facilities where sex-based distinctions apply (e.g., athletics, detention facilities, shelters, bathrooms) which would operate under the act's definitions and justification for sex distinctions.

Key Provisions

• Defines terms related to sex (man, woman, boy, girl, male, female, father, mother, sex) for use in the Code and clarifies their meanings.
• Requires vital statistics records collected by the state or subdivisions to identify each birth as male or female.
• Deletes obsolete or unnecessary definitions and makes nonsubstantive, technical revisions to update the Code language.
• Provides legislative findings about sex distinctions and permits distinctions in areas like athletics, prisons, shelters, and bathrooms, with intermediate scrutiny as the standard.
• Amends Section 1-1-1 to codify the new definitions and expand defined terms, including explicit birth-sex definitions.
• Establishes the act's effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Definitions in state law, certain definitions relating to sex added