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House File 2389 - IntroducedA Bill ForAn Act 1relating to the term sex and related terms for purposes
2of statutory construction, including an indication of a
3person’s sex on certain vital records.
4BE 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.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the term sex and related terms for
29purposes of statutory construction.
30The bill creates a new Code section 4.1A (statutory
31construction — sex and related terms). The bill provides
32that certain rules of statutory construction shall be observed
33with regard to a person’s sex. These rules with regard to a
34person’s sex include:
351. “Sex” means a person’s biological sex, either male or
-3-1female, at birth, unless otherwise provided by law.
22. A “female” is a person whose biological reproductive
3system is developed to produce ova and a “male” is a person
4whose biological reproductive system is developed to fertilize
5the ova of a female.
63. The term “woman” or “girl” refers to a female and the
7term “man” or “boy” refers to a male.
84. The term “mother” means a parent who is female and the
9term “father” means a parent who is male.
105. The term “equal” does not mean “same” or “identical”.
116. Separate accommodations are not inherently unequal.
127. A person born with a medically verifiable diagnosis of
13disorder or difference of sex development shall be provided the
14legal protections and accommodations afforded under the federal
15Americans with Disabilities Act of 1990 and applicable state
16law.
17Additionally, under the bill, any state law, policy, or
18program that prohibits discrimination on the basis of sex shall
19be construed to forbid unfair treatment of females or males in
20relation to similarly situated members of the opposite sex.
21Notwithstanding any provision of state law to the contrary,
22distinctions based on sex in various contexts where health,
23safety, or privacy are implicated resulting in separate
24accommodations, are substantially related to the important
25government objectives of protecting the health, safety, and
26privacy of the persons in these contexts. In addition, any
27state department or subunit of a department, or any political
28subdivision of the state including a city, county, township,
29or school district that collects vital statistics for the
30purpose of complying with state antidiscrimination laws or for
31the purpose of gathering accurate state public health, crime,
32economic, or other data, shall identify the sex of each person
33included in the collected data as either male or female.
34The bill defines “state law” for the purposes of new Code
35section 4.1A.
-4- 1The bill also amends provisions under Code chapter 144
2(vital statistics). The bill requires that an original
3certificate of birth shall include a designation of the sex of
4the person as defined in new Code section 4.1A. With regard
5to a new certificate of birth, if a new certificate of birth
6is established after the state registrar receives an adoption
7report or a certified copy of an adoption decree or following
8a determination of paternity, the new certificate of birth
9shall include a designation of sex of the person at birth;
10and if a new certificate of birth is established after the
11state registrar receives a notarized affidavit by a licensed
12physician and surgeon or osteopathic physician and surgeon
13stating that by reason of surgery or other treatment by the
14licensee, the sex designation of the person has been changed,
15the new certificate of birth shall include a designation of the
16sex of the person both at the time of birth and at the time of
17establishment of the new certificate of birth.
-5-pf/ko
2of statutory construction, including an indication of a
3person’s sex on certain vital records.
4BE 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.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the term sex and related terms for
29purposes of statutory construction.
30The bill creates a new Code section 4.1A (statutory
31construction — sex and related terms). The bill provides
32that certain rules of statutory construction shall be observed
33with regard to a person’s sex. These rules with regard to a
34person’s sex include:
351. “Sex” means a person’s biological sex, either male or
-3-1female, at birth, unless otherwise provided by law.
22. A “female” is a person whose biological reproductive
3system is developed to produce ova and a “male” is a person
4whose biological reproductive system is developed to fertilize
5the ova of a female.
63. The term “woman” or “girl” refers to a female and the
7term “man” or “boy” refers to a male.
84. The term “mother” means a parent who is female and the
9term “father” means a parent who is male.
105. The term “equal” does not mean “same” or “identical”.
116. Separate accommodations are not inherently unequal.
127. A person born with a medically verifiable diagnosis of
13disorder or difference of sex development shall be provided the
14legal protections and accommodations afforded under the federal
15Americans with Disabilities Act of 1990 and applicable state
16law.
17Additionally, under the bill, any state law, policy, or
18program that prohibits discrimination on the basis of sex shall
19be construed to forbid unfair treatment of females or males in
20relation to similarly situated members of the opposite sex.
21Notwithstanding any provision of state law to the contrary,
22distinctions based on sex in various contexts where health,
23safety, or privacy are implicated resulting in separate
24accommodations, are substantially related to the important
25government objectives of protecting the health, safety, and
26privacy of the persons in these contexts. In addition, any
27state department or subunit of a department, or any political
28subdivision of the state including a city, county, township,
29or school district that collects vital statistics for the
30purpose of complying with state antidiscrimination laws or for
31the purpose of gathering accurate state public health, crime,
32economic, or other data, shall identify the sex of each person
33included in the collected data as either male or female.
34The bill defines “state law” for the purposes of new Code
35section 4.1A.
-4- 1The bill also amends provisions under Code chapter 144
2(vital statistics). The bill requires that an original
3certificate of birth shall include a designation of the sex of
4the person as defined in new Code section 4.1A. With regard
5to a new certificate of birth, if a new certificate of birth
6is established after the state registrar receives an adoption
7report or a certified copy of an adoption decree or following
8a determination of paternity, the new certificate of birth
9shall include a designation of sex of the person at birth;
10and if a new certificate of birth is established after the
11state registrar receives a notarized affidavit by a licensed
12physician and surgeon or osteopathic physician and surgeon
13stating that by reason of surgery or other treatment by the
14licensee, the sex designation of the person has been changed,
15the new certificate of birth shall include a designation of the
16sex of the person both at the time of birth and at the time of
17establishment of the new certificate of birth.
-5-pf/ko