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House Study Bill 649 - IntroducedA Bill ForAn Act 1relating to the term sex and related terms for purposes
2of statutory construction, including an indication of
3a person’s sex on certain vital records and on certain
4applications and identification cards.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 4.1A Statutory construction — sex
2and related terms.
31. In the construction of statutes, the following rules
4shall be observed with regard to a person’s biological sex:
5a. “Sex” means a person’s biological sex, either male or
6female, at birth, unless otherwise provided by law.
7b. A “female” is a person whose biological reproductive
8system is developed to produce ova and a “male” is a person
9whose biological reproductive system is developed to fertilize
10the ova of a female.
11c. The term “woman” or “girl” refers to a female and the
12term “man” or “boy” refers to a male.
13d. The term “mother” means a parent who is female and the
14term “father” means a parent who is male.
15e. The term “equal” does not mean “same” or “identical”.
16f. Separate accommodations are not inherently unequal.
17g. A person born with a medically verifiable diagnosis of
18disorder or difference of sex development shall be provided the
19legal protections and accommodations afforded under the federal
20Americans with Disabilities Act of 1990 and applicable state
21law.
222. Any state law, policy, or program that prohibits
23discrimination on the basis of sex shall be construed to forbid
24unfair treatment of females or males in relation to similarly
25situated members of the opposite sex.
263. Notwithstanding any provision of state law to the
27contrary, distinctions based on sex, including but not limited
28to in prisons or other detention facilities, domestic violence
29shelters, rape crisis centers, locker rooms, restrooms, and in
30other contexts where health, safety, or privacy are implicated
31resulting in separate accommodations, are substantially related
32to the important government objectives of protecting the
33health, safety, and privacy of the persons in these contexts.
344. Any state department or subunit of a department, or any
35political subdivision of the state including a city, county,
-1-1township, or school district that collects vital statistics for
2the purpose of complying with state antidiscrimination laws,
3or for the purpose of gathering accurate state public health,
4crime, economic, or other data, shall identify the sex of each
5person included in the collected data as either male or female.
65. For the purposes of this section, “state law” includes
7any state statute or rule.
8 Sec. 2. Section 144.13, Code 2024, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 5. A certificate of birth filed under this
11section shall include a designation of the sex of the person as
12defined in section 4.1A.
13 Sec. 3. Section 144.23, Code 2024, is amended to read as
14follows:
15144.23 State registrar to issue establish new certificate of
16birth.
171. The state registrar shall establish a new certificate of
18birth for a person born in this state, when the state registrar
19receives the following:
201. a. An adoption report as provided in section 144.19, or
21a certified copy of the decree of adoption together with the
22information necessary to identify the original certificate of
23birth and to establish a new certificate of birth.
242. b. A request that a new certificate be established and
25evidence proving that the person for whom the new certificate
26is requested has been legitimated, or that a court of competent
27jurisdiction has determined the paternity of the person.
283. c. A notarized affidavit by a licensed physician and
29surgeon or osteopathic physician and surgeon stating that by
30reason of surgery or other treatment by the licensee, the
31sex designation of the person has been changed. The state
32registrar may make a further investigation or require further
33information necessary to determine whether a sex change has
34occurred.
352. a. Pursuant to section 4.1A, a new certificate of birth
-2-1established under subsection 1, paragraph “a” or “b”, shall
2include a designation of the sex of the person, as male or
3female, at birth.
4b. Pursuant to section 4.1A, a new certificate of birth
5established under subsection 1, paragraph “c”, following a
6change in sex designation, shall include a designation of the
7sex of the person, as male or female, both at the time of birth
8and at the time the new certificate of birth is established.
9 Sec. 4. Section 144.24, subsections 1 and 2, Code 2024, are
10amended to read as follows:
111. If a new certificate of birth is established, the actual
12place and date of birth shall be shown on the certificate and
13the certificate shall include a designation of the person’s
14sex pursuant to section 144.23. The certificate shall be
15substituted for the original certificate of birth.
162. Following substitution of the original certificate of
17birth with a new certificate of birth, the original certificate
18and the evidence of adoption, paternity, or legitimation, or
19sex change shall not be subject to inspection except under
20order of a court of competent jurisdiction, including but
21not limited to an order issued pursuant to section 600.16A,
22as provided in section 144.23A or 144.24A, or as provided by
23administrative rule for statistical or administrative purposes
24only.
25 Sec. 5. Section 321.182, subsection 1, paragraph a, Code
262024, is amended to read as follows:
27a. Make application on a form provided by the department
28which shall include the applicant’s full name, signature,
29current mailing address, current residential address, date
30of birth, social security number, and physical description
31including sex, height, and eye color. The application may
32contain other information the department may require by rule.
33Pursuant to procedures established by the department and for
34an applicant who is a foreign national temporarily present in
35this state, the department may waive the requirement that the
-3-1application include the applicant’s social security number.
2For the purposes of this paragraph, “sex” means the same as
3defined in section 4.1A. If the applicant evidences through
4a notarized affidavit by a licensed physician and surgeon or
5osteopathic physician and surgeon that by reason of surgery or
6other treatment the applicant’s sex designation has changed,
7the application shall reflect the sex designation of the person
8both at the time of birth and at the time the application is
9made.
10 Sec. 6. Section 321.189, subsection 2, paragraph a, Code
112024, is amended to read as follows:
12a. Appearing on the driver’s license shall be a
13distinguishing number assigned to the licensee; the licensee’s
14full name, date of birth, sex, and residence address; a color
15photograph; a physical description of the licensee; the name of
16the state; the dates of issuance and expiration; and the usual
17signature of the licensee. The license shall identify the
18class of vehicle the licensee may operate and the applicable
19endorsements and restrictions which the department shall
20require by rule. For the purposes of this paragraph, “sex”
21 means the same as defined in section 4.1A. If the applicant
22evidences through a notarized affidavit by a licensed physician
23and surgeon or osteopathic physician that by reason of surgery
24or other treatment the applicant’s sex designation has changed,
25the license shall reflect the sex designation of the person
26both at the time of birth and at the time the application is
27made under section 321.182.
28 Sec. 7. Section 321.190, subsection 1, paragraph a, Code
292024, is amended to read as follows:
30a. (1) The department shall, upon application and payment
31of the required fee, issue to an applicant a nonoperator’s
32identification card. To be valid the card shall bear a
33distinguishing number other than a social security number
34assigned to the cardholder, the full name, date of birth,
35sex, residence address, a physical description and a color
-4-1photograph of the cardholder, the usual signature of the
2cardholder, and such other information as the department
3may require by rule. An applicant for a nonoperator’s
4identification card shall apply for the card in the manner
5provided in section 321.182, subsections 1 through 3. For
6the purposes of this paragraph, “sex” means the same as
7defined in section 4.1A. If the applicant evidences through
8a notarized affidavit by a licensed physician and surgeon or
9osteopathic physician and surgeon that by reason of surgery or
10other treatment the applicant’s sex designation has changed,
11the nonoperator’s identification card shall reflect the sex
12designation of the person both at the time of birth and at the
13time the application is made.
14(2) The card shall be issued to the applicant at the time of
15application pursuant to procedures established by rule.
16(3) An applicant for a nonoperator’s identification card
17who is required by 50 U.S.C. app.§451 et seq.to register with
18the United States selective service system shall be registered
19by the department with the selective service system as provided
20in section 321.183.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the term sex and related terms for
25purposes of statutory construction.
26The bill creates a new Code section 4.1A (statutory
27construction — sex and related terms). The bill provides
28that certain rules of statutory construction shall be observed
29with regard to a person’s sex. These rules with regard to a
30person’s sex include:
311. “Sex” means a person’s biological sex, either male or
32female, at birth, unless otherwise provided by law.
332. A “female” is a person whose biological reproductive
34system is developed to produce ova and a “male” is a person
35whose biological reproductive system is developed to fertilize
-5-1the ova of a female.
23. The term “woman” or “girl” refers to a female and the
3term “man” or “boy” refers to a male.
44. The term “mother” means a parent who is female and the
5term “father” means a parent who is male.
65. The term “equal” does not mean “same” or “identical”.
76. Separate accommodations are not inherently unequal.
87. A person born with a medically verifiable diagnosis of
9disorder or difference of sex development shall be provided the
10legal protections and accommodations afforded under the federal
11Americans with Disabilities Act of 1990 and applicable state
12law.
13Additionally, under the bill, any state law, policy, or
14program that prohibits discrimination on the basis of sex shall
15be construed to forbid unfair treatment of females or males in
16relation to similarly situated members of the opposite sex.
17Notwithstanding any provision of state law to the contrary,
18distinctions based on sex in various contexts where health,
19safety, or privacy are implicated resulting in separate
20accommodations, are substantially related to the important
21government objectives of protecting the health, safety, and
22privacy of the persons in these contexts. In addition, any
23state department or subunit of a department, or any political
24subdivision of the state including a city, county, township,
25or school district that collects vital statistics for the
26purpose of complying with state antidiscrimination laws or for
27the purpose of gathering accurate state public health, crime,
28economic, or other data, shall identify the sex of each person
29included in the collected data as either male or female.
30The bill defines “state law” for the purposes of new Code
31section 4.1A.
32The bill also amends provisions under Code chapter 144
33(vital statistics). The bill requires that an original
34certificate of birth shall include a designation of the sex of
35the person as defined in new Code section 4.1A. With regard
-6-1to a new certificate of birth, if a new certificate of birth
2is established after the state registrar receives an adoption
3report or a certified copy of an adoption decree or following
4a determination of paternity, the new certificate of birth
5shall include a designation of sex of the person at birth;
6and if a new certificate of birth is established after the
7state registrar receives a notarized affidavit by a licensed
8physician and surgeon or osteopathic physician and surgeon
9stating that by reason of surgery or other treatment by the
10licensee, the sex designation of the person has been changed,
11the new certificate of birth shall include a designation of the
12sex of the person both at the time of birth and at the time of
13establishment of the new certificate of birth.
14The bill amends provisions in Code chapter 321 (motor
15vehicles and law of the road) to define “sex” the same as in
16new Code section 4.1A for the purposes of including the sex of
17the person in an application for a license or a nonoperator’s
18identification card, and on a person’s driver’s license or
19nonoperator’s identification card.
20If an applicant for a driver’s license or a nonoperator’s
21identification card evidences through a notarized affidavit
22by a licensed physician and surgeon or osteopathic physician
23and surgeon that by reason of surgery or other treatment the
24applicant’s sex designation has changed, the applications and
25the driver’s license and nonoperator’s identification card
26shall reflect the sex designation of the person both at the
27time of birth and at the time the application is made.
-7-pf/ko
2of statutory construction, including an indication of
3a person’s sex on certain vital records and on certain
4applications and identification cards.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 4.1A Statutory construction — sex
2and related terms.
31. In the construction of statutes, the following rules
4shall be observed with regard to a person’s biological sex:
5a. “Sex” means a person’s biological sex, either male or
6female, at birth, unless otherwise provided by law.
7b. A “female” is a person whose biological reproductive
8system is developed to produce ova and a “male” is a person
9whose biological reproductive system is developed to fertilize
10the ova of a female.
11c. The term “woman” or “girl” refers to a female and the
12term “man” or “boy” refers to a male.
13d. The term “mother” means a parent who is female and the
14term “father” means a parent who is male.
15e. The term “equal” does not mean “same” or “identical”.
16f. Separate accommodations are not inherently unequal.
17g. A person born with a medically verifiable diagnosis of
18disorder or difference of sex development shall be provided the
19legal protections and accommodations afforded under the federal
20Americans with Disabilities Act of 1990 and applicable state
21law.
222. Any state law, policy, or program that prohibits
23discrimination on the basis of sex shall be construed to forbid
24unfair treatment of females or males in relation to similarly
25situated members of the opposite sex.
263. Notwithstanding any provision of state law to the
27contrary, distinctions based on sex, including but not limited
28to in prisons or other detention facilities, domestic violence
29shelters, rape crisis centers, locker rooms, restrooms, and in
30other contexts where health, safety, or privacy are implicated
31resulting in separate accommodations, are substantially related
32to the important government objectives of protecting the
33health, safety, and privacy of the persons in these contexts.
344. Any state department or subunit of a department, or any
35political subdivision of the state including a city, county,
-1-1township, or school district that collects vital statistics for
2the purpose of complying with state antidiscrimination laws,
3or for the purpose of gathering accurate state public health,
4crime, economic, or other data, shall identify the sex of each
5person included in the collected data as either male or female.
65. For the purposes of this section, “state law” includes
7any state statute or rule.
8 Sec. 2. Section 144.13, Code 2024, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 5. A certificate of birth filed under this
11section shall include a designation of the sex of the person as
12defined in section 4.1A.
13 Sec. 3. Section 144.23, Code 2024, is amended to read as
14follows:
15144.23 State registrar to issue establish new certificate of
16birth.
171. The state registrar shall establish a new certificate of
18birth for a person born in this state, when the state registrar
19receives the following:
201. a. An adoption report as provided in section 144.19, or
21a certified copy of the decree of adoption together with the
22information necessary to identify the original certificate of
23birth and to establish a new certificate of birth.
242. b. A request that a new certificate be established and
25evidence proving that the person for whom the new certificate
26is requested has been legitimated, or that a court of competent
27jurisdiction has determined the paternity of the person.
283. c. A notarized affidavit by a licensed physician and
29surgeon or osteopathic physician and surgeon stating that by
30reason of surgery or other treatment by the licensee, the
31sex designation of the person has been changed. The state
32registrar may make a further investigation or require further
33information necessary to determine whether a sex change has
34occurred.
352. a. Pursuant to section 4.1A, a new certificate of birth
-2-1established under subsection 1, paragraph “a” or “b”, shall
2include a designation of the sex of the person, as male or
3female, at birth.
4b. Pursuant to section 4.1A, a new certificate of birth
5established under subsection 1, paragraph “c”, following a
6change in sex designation, shall include a designation of the
7sex of the person, as male or female, both at the time of birth
8and at the time the new certificate of birth is established.
9 Sec. 4. Section 144.24, subsections 1 and 2, Code 2024, are
10amended to read as follows:
111. If a new certificate of birth is established, the actual
12place and date of birth shall be shown on the certificate and
13the certificate shall include a designation of the person’s
14sex pursuant to section 144.23. The certificate shall be
15substituted for the original certificate of birth.
162. Following substitution of the original certificate of
17birth with a new certificate of birth, the original certificate
18and the evidence of adoption, paternity, or legitimation, or
19sex change shall not be subject to inspection except under
20order of a court of competent jurisdiction, including but
21not limited to an order issued pursuant to section 600.16A,
22as provided in section 144.23A or 144.24A, or as provided by
23administrative rule for statistical or administrative purposes
24only.
25 Sec. 5. Section 321.182, subsection 1, paragraph a, Code
262024, is amended to read as follows:
27a. Make application on a form provided by the department
28which shall include the applicant’s full name, signature,
29current mailing address, current residential address, date
30of birth, social security number, and physical description
31including sex, height, and eye color. The application may
32contain other information the department may require by rule.
33Pursuant to procedures established by the department and for
34an applicant who is a foreign national temporarily present in
35this state, the department may waive the requirement that the
-3-1application include the applicant’s social security number.
2For the purposes of this paragraph, “sex” means the same as
3defined in section 4.1A. If the applicant evidences through
4a notarized affidavit by a licensed physician and surgeon or
5osteopathic physician and surgeon that by reason of surgery or
6other treatment the applicant’s sex designation has changed,
7the application shall reflect the sex designation of the person
8both at the time of birth and at the time the application is
9made.
10 Sec. 6. Section 321.189, subsection 2, paragraph a, Code
112024, is amended to read as follows:
12a. Appearing on the driver’s license shall be a
13distinguishing number assigned to the licensee; the licensee’s
14full name, date of birth, sex, and residence address; a color
15photograph; a physical description of the licensee; the name of
16the state; the dates of issuance and expiration; and the usual
17signature of the licensee. The license shall identify the
18class of vehicle the licensee may operate and the applicable
19endorsements and restrictions which the department shall
20require by rule. For the purposes of this paragraph, “sex”
21 means the same as defined in section 4.1A. If the applicant
22evidences through a notarized affidavit by a licensed physician
23and surgeon or osteopathic physician that by reason of surgery
24or other treatment the applicant’s sex designation has changed,
25the license shall reflect the sex designation of the person
26both at the time of birth and at the time the application is
27made under section 321.182.
28 Sec. 7. Section 321.190, subsection 1, paragraph a, Code
292024, is amended to read as follows:
30a. (1) The department shall, upon application and payment
31of the required fee, issue to an applicant a nonoperator’s
32identification card. To be valid the card shall bear a
33distinguishing number other than a social security number
34assigned to the cardholder, the full name, date of birth,
35sex, residence address, a physical description and a color
-4-1photograph of the cardholder, the usual signature of the
2cardholder, and such other information as the department
3may require by rule. An applicant for a nonoperator’s
4identification card shall apply for the card in the manner
5provided in section 321.182, subsections 1 through 3. For
6the purposes of this paragraph, “sex” means the same as
7defined in section 4.1A. If the applicant evidences through
8a notarized affidavit by a licensed physician and surgeon or
9osteopathic physician and surgeon that by reason of surgery or
10other treatment the applicant’s sex designation has changed,
11the nonoperator’s identification card shall reflect the sex
12designation of the person both at the time of birth and at the
13time the application is made.
14(2) The card shall be issued to the applicant at the time of
15application pursuant to procedures established by rule.
16(3) An applicant for a nonoperator’s identification card
17who is required by 50 U.S.C. app.§451 et seq.to register with
18the United States selective service system shall be registered
19by the department with the selective service system as provided
20in section 321.183.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to the term sex and related terms for
25purposes of statutory construction.
26The bill creates a new Code section 4.1A (statutory
27construction — sex and related terms). The bill provides
28that certain rules of statutory construction shall be observed
29with regard to a person’s sex. These rules with regard to a
30person’s sex include:
311. “Sex” means a person’s biological sex, either male or
32female, at birth, unless otherwise provided by law.
332. A “female” is a person whose biological reproductive
34system is developed to produce ova and a “male” is a person
35whose biological reproductive system is developed to fertilize
-5-1the ova of a female.
23. The term “woman” or “girl” refers to a female and the
3term “man” or “boy” refers to a male.
44. The term “mother” means a parent who is female and the
5term “father” means a parent who is male.
65. The term “equal” does not mean “same” or “identical”.
76. Separate accommodations are not inherently unequal.
87. A person born with a medically verifiable diagnosis of
9disorder or difference of sex development shall be provided the
10legal protections and accommodations afforded under the federal
11Americans with Disabilities Act of 1990 and applicable state
12law.
13Additionally, under the bill, any state law, policy, or
14program that prohibits discrimination on the basis of sex shall
15be construed to forbid unfair treatment of females or males in
16relation to similarly situated members of the opposite sex.
17Notwithstanding any provision of state law to the contrary,
18distinctions based on sex in various contexts where health,
19safety, or privacy are implicated resulting in separate
20accommodations, are substantially related to the important
21government objectives of protecting the health, safety, and
22privacy of the persons in these contexts. In addition, any
23state department or subunit of a department, or any political
24subdivision of the state including a city, county, township,
25or school district that collects vital statistics for the
26purpose of complying with state antidiscrimination laws or for
27the purpose of gathering accurate state public health, crime,
28economic, or other data, shall identify the sex of each person
29included in the collected data as either male or female.
30The bill defines “state law” for the purposes of new Code
31section 4.1A.
32The bill also amends provisions under Code chapter 144
33(vital statistics). The bill requires that an original
34certificate of birth shall include a designation of the sex of
35the person as defined in new Code section 4.1A. With regard
-6-1to a new certificate of birth, if a new certificate of birth
2is established after the state registrar receives an adoption
3report or a certified copy of an adoption decree or following
4a determination of paternity, the new certificate of birth
5shall include a designation of sex of the person at birth;
6and if a new certificate of birth is established after the
7state registrar receives a notarized affidavit by a licensed
8physician and surgeon or osteopathic physician and surgeon
9stating that by reason of surgery or other treatment by the
10licensee, the sex designation of the person has been changed,
11the new certificate of birth shall include a designation of the
12sex of the person both at the time of birth and at the time of
13establishment of the new certificate of birth.
14The bill amends provisions in Code chapter 321 (motor
15vehicles and law of the road) to define “sex” the same as in
16new Code section 4.1A for the purposes of including the sex of
17the person in an application for a license or a nonoperator’s
18identification card, and on a person’s driver’s license or
19nonoperator’s identification card.
20If an applicant for a driver’s license or a nonoperator’s
21identification card evidences through a notarized affidavit
22by a licensed physician and surgeon or osteopathic physician
23and surgeon that by reason of surgery or other treatment the
24applicant’s sex designation has changed, the applications and
25the driver’s license and nonoperator’s identification card
26shall reflect the sex designation of the person both at the
27time of birth and at the time the application is made.
-7-pf/ko