Alabama lawmakers seek to define gender solely by biological sex: ‘one can never become the other’

Legislation defining someone by their biological sex advanced through an Alabama Senate committee on Wednesday.

The approval came one day after Alabama Gov. Kay Ivey said she is looking forward to signing a “What is a Woman” bill into law once it advances out of the Legislature.

The Alabama Senate County and Municipal Government Committee gave a favorable report to SB79, sponsored by Sen. April Weaver, R-Brierfield. The bill is similar to HB107, introduced Tuesday by Rep. Susan Dubose, R-Hoover, who got similar legislation passed out of the House last year but was unable to get it voted on by the Senate before the session ended.

Dubose was at the White House on Tuesday for the signing of President Donald Trump’s executive order. That order bans biological men from competing in women’s sports. On Inauguration Day, Trump signed an executive order proclaiming the government will recognize only two sexes, male and female, and that these are not “changeable.”

President Donald Trump signs an executive order barring transgender female athletes from competing in women’s or girls’ sporting events, in the East Room of the White House, Wednesday, Feb. 5, 2025, in Washington. (AP Photo/Alex Brandon)AP

Weaver called the Alabama legislation a “woman’s protection act” that would prevent a biological man who identifies as a woman from having automatic access to certain spaces, such as restrooms. However, an amended version of Weaver’s bill removed any language about bathroom access.

She said the amended bill aims to codify the definitions of man, woman, boy, girl, father, mother, male, and female into Alabama state law.

“It’s based on fundamental truths that are as old as the book of Genesis and are as reliable as the sun and the sky,” Weaver said. “Men are born men and women are born women and one can never become the other.”

Proponents said the legislation is important for vital statistics reported to health agencies, such as cancer rates.

“When you look at cancer rates, you need to know if you’re dealing with a real man or a real woman,” said Becky Garritson, executive director of the Alabama Eagle Forum. “You need to know the truth. Vital statistics are important this will help with that.”

Opponents said the legislation puts transgender people at risk of targeted harassment and threats. They also denounced any notion that the legislation was a simple definitions bill. They argued that the legislation does not protect women and could put them in uncomfortable positions in which transgender men are using women’s restrooms.

“It solves no problems and creates new ones,” said Micah Saunders of Birmingham, one of three opponents who were allowed to speak against the bill. Thirteen people signed up to speak against it during the public hearing.

“If this would pass, as a transgender man, I would be forced to use the women’s facilities,” Saunders said. “With my beard and receding hairline, I believe it’s obvious that I’m a man. However, with this bill’s narrow definition, I would be considered a female. Many men like me would be required to use women’s bathrooms, locker rooms and dorms.”

Saunders added, “However, this would make it obviously uncomfortable and confusing environment … I could be targeted by bystanders by just trying to follow your law. Any woman deemed not feminine enough would be targeted by harassment.”

Allison Montgomery of Huntsville, following the hearing, said the legislation is “one small step” from an outright bathroom ban. Alabama, in 2022, passed a law mandating K-12 students use the same restrooms and locker rooms that match the sex on their original birth certificate.

“So, they’re going to tell you, ‘Oh it doesn’t do anything,’” Montgomery said about SB79. “But this is their first step. This is model legislation that’s been introduced in state legislatures around the country.”

Indeed, similar bills defining a man and a woman have been pitched nationwide over the past two years. The first of the bills were rolled out in 2023 in three states – Tennessee, Kansas, and Montana. The Kansas bill, called “women’s bill of rights,” was vetoed by the state’s Democratic governor only to be overridden by the Republican legislature.

The Alabama House passed a similar bill last session, but it did not advance out of the Senate. Dubose has led much of the legislative effort and is hopeful to see it advance early in the legislative session.

Ivey said during her State of the State speech Tuesday that she looks forward to signing Dubose’s bill once it passes out of the Legislature.

Alabama Democratic lawmakers said the Republican’s legislation is unnecessary and harmful to marginalized people. They also said it’s an attempt to advance Trump’s executive order through state law.

“My hope is we keep in mind that we are talking about other human beings,” said Sen. Kirk Hatcher, D-Montgomery.