Bill > HF583

Introduced Session

This bill relates to sex and gender, including those and related terms for purposes of statutory construction, indications of a person’s sex on certain vital records, gender identity under the Iowa civil rights Act, and school curricula related to gender theory. 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. The term “sex”, when used to classify or describe a natural person, means the state of being either male or female as observed or clinically verified at birth. 2. When used in reference to a natural person, the term “female” means an individual who has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident, a reproductive system that at some point produces ova, and the term “male” means an individual who has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident a reproductive system that at some point produces sperm. 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 “gender”, when used alone in reference to males, females, or the natural differences between males and females shall be considered a synonym for sex and shall not be considered a synonym or shorthand expression for gender identity, experienced gender, gender expression, or gender role. 6. The term “equal” does not mean “same” or “identical”. 7. Separate accommodations are not inherently unequal. 8. 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 or discriminatory practices against 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 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 must include a designation of sex of the person at birth. Current law requires the state registrar to establish a new certificate of birth for a person upon receiving a notarized affidavit by a licensed physician stating that by reason of surgery or other treatment the person’s sex designation has changed. The bill repeals this provision. Under current law, Code chapter 216 prohibits discrimination in employment, wages, public accommodations, housing, education, and credit practices based upon certain characteristics of a person, including gender identity. A person who claims to be aggrieved by an unfair or discriminatory practice prohibited by Code chapter 216 may file a complaint with the Iowa civil rights commission. Code chapter 216 provides various remedies for such practices. Code chapter 216 defines “gender identity” as the gender-related identity of a person, regardless of the person’s assigned sex at birth. For purposes of Code chapter 216, the bill removes gender identity as a protected class. The bill also removes gender identity as a protected class in the prohibition of discrimination under federal, state, and local law for charter schools and innovation schools. Under current Code section 279.80, school districts, accredited nonpublic schools, charter schools, and innovation zone schools are prohibited from providing instruction related to gender identity and sexual orientation to students in kindergarten through grade six. The bill replaces the term “gender identity” with the term “gender theory” and defines “gender theory”. The bill makes conforming changes related to the strike of the definition of gender identity in the Code. The bill provides that its provisions are severable pursuant to Code section 4.12.

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Explanation of vote. H.J. 851. (on 03/26/2025)

Official Document