This bill introduces a definition for "biological sex" and establishes that certain classifications based on biological sex do not constitute unlawful discrimination. Specifically, it amends the existing law against discrimination to include a new section that allows for the classification of individuals based on biological sex in limited circumstances. These circumstances include the use of multi-person lavatory facilities, participation in athletic events where physical attributes may provide an advantage, and the operation of facilities such as prisons and mental health treatment centers. The bill emphasizes that while it recognizes the importance of treating all individuals with dignity and respect, there are compelling state interests in protecting privacy and safety that justify these classifications.

The bill also inserts language into the law that clarifies the state's commitment to non-discrimination while acknowledging that biological sex classifications can be appropriate in specific contexts. It defines "biological sex" as the male and female biological sexes and specifies that this law does not mandate the separation of individuals based on biological sex by any public or private entity. The act is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 354-A:1
SB552 text: 354-A:1