Bill Text: AZ HB2391 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Biological sex; standard; review; records
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-01-22 - House read second time [HB2391 Detail]
Download: Arizona-2024-HB2391-Introduced.html
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REFERENCE TITLE: biological sex; standard; review; records |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2391 |
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Introduced by Representatives Kolodin: Gillette, Jones, Parker B
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An Act
amending title 1, Arizona Revised Statutes, by adding chapter 9; relating to biological sex indicators.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, Arizona Revised Statutes, is amended by adding chapter 9, to read:
CHAPTER 9
BIOLOGICAL SEX INDICATORS
ARTICLE 1. GENERAL PROVISIONS
1-901. Biological sex indicators; requirements; standard of review; records
A. Notwithstanding any other law, with respect to the application of an individual's biological sex pursuant to any state law or rule, the following apply:
1. An individual's sex means the individual's biological sex at birth, either male or female.
2. A female is an individual whose biological reproductive system is developed to produce ova and a male is an individual whose biological reproductive system is developed to fertilize the ova of a female.
3. The terms woman and girl refer to human females and the terms man and boy refer to human males.
4. The term mother means a parent of the female sex and the term father means a parent of the male sex.
5. With respect to biological sex:
(a) The term equal does not mean same or identical.
(b) Separate ACCOMMODATIONS are not inherently unequal.
6. An individual who is born with a medically verifiable diagnosis of a disorder or difference in sex development shall be provided with legal protections and ACCOMMODATIONS that are afforded by the Americans with Disability Act of 1990 (P.L. 101-336) and any applicable law of this state.
B. Any law and rule that distinguishes between the sexes are subject to intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair discrimination against similarly situated male and female individuals but allows the law and rule to distinguish between the sexes where the distinctions are substantially related to important governmental objectives. Notwithstanding any other law, distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, sexual assault crisis centers, locker rooms, restrooms and other areas where biology, safety or privacy are implicated that result in separate accommodations are substantially related to the important government objectives of protecting the health, safety and privacy of individuals in those circumstances.
C. A school district or public school and any state agency, department or office or political subdivision of this state that collects vital statistics to comply with antidiscrimination laws or to gather 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.
