HF 2389 (LSB 5180HV (2) 90)

HOUSE FILE 2389

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HSB 649)

A BILL FOR

An Act relating to the term sex and related terms for purposes of statutory construction, including an indication of a person’s sex on certain vital records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  4.1A  Statutory construction —— sex and related terms.
   1.  In the construction of statutes, the following rules shall be observed with regard to a person’s biological sex:
   a.  “Sex” means a person’s biological sex, either male or female, at birth, unless otherwise provided by law.
   b.  A “female” is a person whose biological reproductive system is developed to produce ova and a “male” is a person whose biological reproductive system is developed to fertilize the ova of a female.
   c.  The term “woman” or “girl” refers to a female and the term “man” or “boy” refers to a male.
   d.  The term “mother” means a parent who is female and the term “father” means a parent who is male.
   e.  The term “equal” does not mean “same” or “identical”.
   f.  Separate accommodations are not inherently unequal.
   g.  A person born with a medically verifiable diagnosis of disorder or difference of sex development shall be provided the legal protections and accommodations afforded under the federal Americans with Disabilities Act of 1990 and applicable state law.
   2.  Any state law, policy, or program that prohibits discrimination on the basis of sex shall be construed to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex.
   3.  Notwithstanding any provision of state law to the contrary, distinctions based on sex, including but not limited to in prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and in other contexts where health, safety, or privacy are implicated resulting in separate accommodations, are substantially related to the important government objectives of protecting the health, safety, and privacy of the persons in these contexts.
   4.  Any state department or subunit of a department, or any political subdivision of the state including a city, county, township, or school district that collects vital statistics for the purpose of complying with state antidiscrimination laws, or for the purpose of gathering accurate state public health, crime, economic, or other data, shall identify the sex of each person included in the collected data as either male or female.
   5.  For the purposes of this section, “state law” includes any state statute or rule.
    Sec. 2.  Section 144.13, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  A certificate of birth filed under this section shall include a designation of the sex of the person as defined in section 4.1A.
    Sec. 3.  Section 144.23, Code 2024, is amended to read as follows:
   144.23  State registrar to issue establish new certificate of birth.
   1.  The state registrar shall establish a new certificate of birth for a person born in this state, when the state registrar receives the following:
   1.  a.  An adoption report as provided in section 144.19, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth.
   2.  b.  A request that a new certificate be established and evidence proving that the person for whom the new certificate is requested has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person.
   3.  c.  A notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed. The state registrar may make a further investigation or require further information necessary to determine whether a sex change has occurred.
   2.  a.  Pursuant to section 4.1A, a new certificate of birth established under subsection 1, paragraph “a” or “b”, shall include a designation of the sex of the person, as male or female, at birth.
   b.  Pursuant to section 4.1A, a new certificate of birth established under subsection 1, paragraph “c”, following a change in sex designation, shall include a designation of the sex of the person, as male or female, both at the time of birth and at the time the new certificate of birth is established.
    Sec. 4.  Section 144.24, subsections 1 and 2, Code 2024, are amended to read as follows:
   1.  If a new certificate of birth is established, the actual place and date of birth shall be shown on the certificate and the certificate shall include a designation of the person’s sex pursuant to section 144.23. The certificate shall be substituted for the original certificate of birth. 
   2.  Following substitution of the original certificate of birth with a new certificate of birth, the original certificate and the evidence of adoption, paternity, or legitimation, or sex change shall not be subject to inspection except under order of a court of competent jurisdiction, including but not limited to an order issued pursuant to section 600.16A, as provided in section 144.23A or 144.24A, or as provided by administrative rule for statistical or administrative purposes only. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the term sex and related terms for purposes of statutory construction.
   The bill creates a new Code section 4.1A (statutory construction —— sex and related terms). The bill provides that certain rules of statutory construction shall be observed with regard to a person’s sex. These rules with regard to a person’s sex include:
   1. “Sex” means a person’s biological sex, either male or female, at birth, unless otherwise provided by law.
   2. A “female” is a person whose biological reproductive system is developed to produce ova and a “male” is a person whose biological reproductive system is developed to fertilize the ova of a female.
   3. The term “woman” or “girl” refers to a female and the term “man” or “boy” refers to a male.
   4. The term “mother” means a parent who is female and the term “father” means a parent who is male.
   5. The term “equal” does not mean “same” or “identical”.
   6. Separate accommodations are not inherently unequal.
   7. A person born with a medically verifiable diagnosis of disorder or difference of sex development shall be provided the legal protections and accommodations afforded under the federal Americans with Disabilities Act of 1990 and applicable state law.
   Additionally, under the bill, any state law, policy, or program that prohibits discrimination on the basis of sex shall be construed to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex. Notwithstanding any provision of state law to the contrary, distinctions based on sex in various contexts where health, safety, or privacy are implicated resulting in separate accommodations, are substantially related to the important government objectives of protecting the health, safety, and privacy of the persons in these contexts. In addition, any state department or subunit of a department, or any political subdivision of the state including a city, county, township, or school district that collects vital statistics for the purpose of complying with state antidiscrimination laws or for the purpose of gathering accurate state public health, crime, economic, or other data, shall identify the sex of each person included in the collected data as either male or female.
   The bill defines “state law” for the purposes of new Code section 4.1A.
   The bill also amends provisions under Code chapter 144 (vital statistics). The bill requires that an original certificate of birth shall include a designation of the sex of the person as defined in new Code section 4.1A. With regard to a new certificate of birth, if a new certificate of birth is established after the state registrar receives an adoption report or a certified copy of an adoption decree or following a determination of paternity, the new certificate of birth shall include a designation of sex of the person at birth; and if a new certificate of birth is established after the state registrar receives a notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed, the new certificate of birth shall include a designation of the sex of the person both at the time of birth and at the time of establishment of the new certificate of birth.