House File 2389 - Introduced
HOUSE FILE 2389
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 649)
A BILL FOR
1 An Act relating to the term sex and related terms for purposes
2 of statutory construction, including an indication of a
3 person’s sex on certain vital records.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 4.1A Statutory construction —— sex
2 and related terms.
3 1. In the construction of statutes, the following rules
4 shall be observed with regard to a person’s biological sex:
5 a. “Sex” means a person’s biological sex, either male or
6 female, at birth, unless otherwise provided by law.
7 b. A “female” is a person whose biological reproductive
8 system is developed to produce ova and a “male” is a person
9 whose biological reproductive system is developed to fertilize
10 the ova of a female.
11 c. The term “woman” or “girl” refers to a female and the
12 term “man” or “boy” refers to a male.
13 d. The term “mother” means a parent who is female and the
14 term “father” means a parent who is male.
15 e. The term “equal” does not mean “same” or “identical”.
16 f. Separate accommodations are not inherently unequal.
17 g. A person born with a medically verifiable diagnosis of
18 disorder or difference of sex development shall be provided the
19 legal protections and accommodations afforded under the federal
20 Americans with Disabilities Act of 1990 and applicable state
21 law.
22 2. Any state law, policy, or program that prohibits
23 discrimination on the basis of sex shall be construed to forbid
24 unfair treatment of females or males in relation to similarly
25 situated members of the opposite sex.
26 3. Notwithstanding any provision of state law to the
27 contrary, distinctions based on sex, including but not limited
28 to in prisons or other detention facilities, domestic violence
29 shelters, rape crisis centers, locker rooms, restrooms, and in
30 other contexts where health, safety, or privacy are implicated
31 resulting in separate accommodations, are substantially related
32 to the important government objectives of protecting the
33 health, safety, and privacy of the persons in these contexts.
34 4. Any state department or subunit of a department, or any
35 political subdivision of the state including a city, county,
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1 township, or school district that collects vital statistics for
2 the purpose of complying with state antidiscrimination laws,
3 or for the purpose of gathering accurate state public health,
4 crime, economic, or other data, shall identify the sex of each
5 person included in the collected data as either male or female.
6 5. For the purposes of this section, “state law” includes
7 any state statute or rule.
8 Sec. 2. Section 144.13, Code 2024, is amended by adding the
9 following new subsection:
10 NEW SUBSECTION. 5. A certificate of birth filed under this
11 section shall include a designation of the sex of the person as
12 defined in section 4.1A.
13 Sec. 3. Section 144.23, Code 2024, is amended to read as
14 follows:
15 144.23 State registrar to issue establish new certificate of
16 birth.
17 1. The state registrar shall establish a new certificate of
18 birth for a person born in this state, when the state registrar
19 receives the following:
20 1. a. An adoption report as provided in section 144.19, or
21 a certified copy of the decree of adoption together with the
22 information necessary to identify the original certificate of
23 birth and to establish a new certificate of birth.
24 2. b. A request that a new certificate be established and
25 evidence proving that the person for whom the new certificate
26 is requested has been legitimated, or that a court of competent
27 jurisdiction has determined the paternity of the person.
28 3. c. A notarized affidavit by a licensed physician and
29 surgeon or osteopathic physician and surgeon stating that by
30 reason of surgery or other treatment by the licensee, the
31 sex designation of the person has been changed. The state
32 registrar may make a further investigation or require further
33 information necessary to determine whether a sex change has
34 occurred.
35 2. a. Pursuant to section 4.1A, a new certificate of birth
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1 established under subsection 1, paragraph “a” or “b”, shall
2 include a designation of the sex of the person, as male or
3 female, at birth.
4 b. Pursuant to section 4.1A, a new certificate of birth
5 established under subsection 1, paragraph “c”, following a
6 change in sex designation, shall include a designation of the
7 sex of the person, as male or female, both at the time of birth
8 and at the time the new certificate of birth is established.
9 Sec. 4. Section 144.24, subsections 1 and 2, Code 2024, are
10 amended to read as follows:
11 1. If a new certificate of birth is established, the actual
12 place and date of birth shall be shown on the certificate and
13 the certificate shall include a designation of the person’s
14 sex pursuant to section 144.23. The certificate shall be
15 substituted for the original certificate of birth.
16 2. Following substitution of the original certificate of
17 birth with a new certificate of birth, the original certificate
18 and the evidence of adoption, paternity, or legitimation, or
19 sex change shall not be subject to inspection except under
20 order of a court of competent jurisdiction, including but
21 not limited to an order issued pursuant to section 600.16A,
22 as provided in section 144.23A or 144.24A, or as provided by
23 administrative rule for statistical or administrative purposes
24 only.
25 EXPLANATION
26 The inclusion of this explanation does not constitute agreement with
27 the explanation’s substance by the members of the general assembly.
28 This bill relates to the term sex and related terms for
29 purposes of statutory construction.
30 The bill creates a new Code section 4.1A (statutory
31 construction —— sex and related terms). The bill provides
32 that certain rules of statutory construction shall be observed
33 with regard to a person’s sex. These rules with regard to a
34 person’s sex include:
35 1. “Sex” means a person’s biological sex, either male or
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1 female, at birth, unless otherwise provided by law.
2 2. A “female” is a person whose biological reproductive
3 system is developed to produce ova and a “male” is a person
4 whose biological reproductive system is developed to fertilize
5 the ova of a female.
6 3. The term “woman” or “girl” refers to a female and the
7 term “man” or “boy” refers to a male.
8 4. The term “mother” means a parent who is female and the
9 term “father” means a parent who is male.
10 5. The term “equal” does not mean “same” or “identical”.
11 6. Separate accommodations are not inherently unequal.
12 7. A person born with a medically verifiable diagnosis of
13 disorder or difference of sex development shall be provided the
14 legal protections and accommodations afforded under the federal
15 Americans with Disabilities Act of 1990 and applicable state
16 law.
17 Additionally, under the bill, any state law, policy, or
18 program that prohibits discrimination on the basis of sex shall
19 be construed to forbid unfair treatment of females or males in
20 relation to similarly situated members of the opposite sex.
21 Notwithstanding any provision of state law to the contrary,
22 distinctions based on sex in various contexts where health,
23 safety, or privacy are implicated resulting in separate
24 accommodations, are substantially related to the important
25 government objectives of protecting the health, safety, and
26 privacy of the persons in these contexts. In addition, any
27 state department or subunit of a department, or any political
28 subdivision of the state including a city, county, township,
29 or school district that collects vital statistics for the
30 purpose of complying with state antidiscrimination laws or for
31 the purpose of gathering accurate state public health, crime,
32 economic, or other data, shall identify the sex of each person
33 included in the collected data as either male or female.
34 The bill defines “state law” for the purposes of new Code
35 section 4.1A.
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1 The bill also amends provisions under Code chapter 144
2 (vital statistics). The bill requires that an original
3 certificate of birth shall include a designation of the sex of
4 the person as defined in new Code section 4.1A. With regard
5 to a new certificate of birth, if a new certificate of birth
6 is established after the state registrar receives an adoption
7 report or a certified copy of an adoption decree or following
8 a determination of paternity, the new certificate of birth
9 shall include a designation of sex of the person at birth;
10 and if a new certificate of birth is established after the
11 state registrar receives a notarized affidavit by a licensed
12 physician and surgeon or osteopathic physician and surgeon
13 stating that by reason of surgery or other treatment by the
14 licensee, the sex designation of the person has been changed,
15 the new certificate of birth shall include a designation of the
16 sex of the person both at the time of birth and at the time of
17 establishment of the new certificate of birth.
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Statutes affected: Introduced: 144.13, 144.23