Background: HB405 proposes a series of definitions that will apply to the Code of Alabama 1975—all of Alabama’s existing legislation. The act, called “What is a Woman”, would define man, woman, boy, girl, father, mother, male, female, and sex. In the act, woman and man are defined based on biological sex determined at birth with regards to the respective “design” of reproductive organs. 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: We oppose House Bill 405. The “What is a Woman” Act seeks to answer a question that is contextualized by far more than biological gender norms that this bill seeks to codify. The bill establishes a stringent assertion of the definition of a man or woman that completely cuts transgender people out of the picture. This bill attempts to place antiquated gender assumptions as a rule of law. The ACLU of Alabama opposes the effects of this law that would prevent transgender women and men from accessing their rights. If passed, this legislation would have a detrimental impact on the ability for trans women and men to authentically live life.
