HOUSE BILL 205
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Andrea Reeb and Jenifer Jones and Gail Armstrong
and Cathrynn N. Brown and Candy Spence Ezzell
 
 
 
 
AN ACT
RELATING TO SEX; ENACTING THE WOMEN'S BILL OF RIGHTS ACT; PROVIDING FOR SINGLE-SEX ENVIRONMENTS; PROVIDING GUIDELINES FOR DATA COLLECTION.
 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Women's Bill of Rights Act".
     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Women's Bill of Rights Act:
          A. "boy" means a human male who is under eighteen
years of age;
          B. "equal" does not mean "same" or "identical" with respect to the treatment of the different sexes and the objective and enduring physical differences between men and women;
          C. "father" means a male parent of a child or
children;
          D. "female" means a person who has had, will have
through biological development or would have but for a
developmental anomaly, genetic anomaly or accident, the
reproductive system that at some point produces ova;
          E. "girl" means a human female who is under
eighteen years of age;
          F. "male" means a person who has had, will have
through biological development or would have but for a developmental anomaly, genetic anomaly or accident, the
reproductive system that at some point produces sperm;
          G. "man" means an adult human of the male sex;
          H. "mother" means a female parent of a child or
children;
          I. "sex" means a person's objective or fixed
biological categorization of either male or female as observed
or clinically verified at birth; "sex" does not mean gender; and
          J. "woman" means an adult human of the female sex.
     SECTION 3. [NEW MATERIAL] SEX DISCRIMINATION--SINGLE-SEX ENVIRONMENTS.--
          A. Any New Mexico policy, program or statute that prohibits discrimination on the basis of sex shall be construed as forbidding unfair treatment of females or males in relation to similarly situated members of the opposite sex. A statute prohibiting discrimination on the basis of sex shall not be construed as prohibiting separation on the basis of sex in all instances.
          B. The state or its political subdivisions and
instrumentalities may provide environments designated for one
sex exclusively, where the single sexes are not similarly
situated, including:
                (1) prisons and detention centers;
                (2) athletic facilities, including locker
rooms;
                (3) athletic competitions;
                (4) institutions of higher education;
                (5) living facilities;
                (6) bathrooms;
                (7) domestic violence shelters; and
                (8) rape crisis centers.
     SECTION 4. [NEW MATERIAL] SEX-SPECIFIC DATA COLLECTION.-- A public school, school district, state agency or political subdivision of the state that collects vital statistics related to sex for the purpose of complying with antidiscrimination laws or for the purpose of gathering accurate public health, crime, economic or other data shall, to the extent feasible, identify each natural person who is part of the collected data set as either male or female. Compliance with this section shall not require the collection of data related to sex unless otherwise required by law, and it shall not prevent the collection of additional data points other than sex.
     SECTION 5. [NEW MATERIAL] SEVERABILITY.--If any part or application of the Women's Bill of Rights Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
- 4 -