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Background: HB 107 and SB 79 are companion bills that propose a series of definitions that will apply to all laws outlined in the Code of Alabama. These bills are designed to disenfranchise transgender, intersex and gender non-conforming people by defining man, woman, boy, girl, father, mother, male, female, and sex based on the “design” of reproductive organs and biological sex determined at birth. Under these bills, a “female” is defined as “an individual whose biological reproductive system is designed to produce ova,” while a “male” is defined as “an individual whose biological reproductive system is designed to fertilize the ova of a female.”
Our Position: The ACLU of Alabama opposes HB 107 and SB 79. These bills establish a narrow definition of gender that seeks to erase the lived realities of transgender people and will be used to limit the rights of transgender, intersex, and gender non-conforming people in Alabama. The existence of transgender people is not new—but there is a new and outsized focus on the lives of trans people that is meant to spread fear and anxiety.