The "Women's Safety and Protection Act" is designed to enhance the safety and protection of women and girls in various environments, such as correctional facilities, domestic violence shelters, and public schools. The legislation establishes clear definitions of sex, male, and female, emphasizing biological distinctions, and mandates that facilities for biological females maintain separate accommodations for males and females to ensure privacy and safety. It also articulates the intent to protect women and girls from sexual assault, harassment, and violence, particularly in spaces where they have historically been safe.
The Act introduces a standard of review for laws that differentiate between sexes, requiring them to undergo intermediate scrutiny to confirm they serve an important governmental interest. It allows individuals to assert violations of the Act as a cause of action for remedies, including protections against retaliation for asserting their rights. The bill creates a rebuttable presumption that housing individuals with members of the opposite sex in sensitive environments is discriminatory and harmful to biological women. Additionally, it outlines available relief options for individuals who bring a cause of action, including injunctive relief and protective orders, and establishes a two-year statute of limitations for civil actions. A severability clause is included to ensure the enforceability of remaining provisions if any part of the Act is deemed invalid.