HF 5128

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 02:31pm

A bill for an act
relating to civil law; creating the Minnesota Women's Bill of Rights; defining
terms for all statutes and rules; proposing coding for new law in Minnesota Statutes,
chapter 15.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [15.013] MINNESOTA WOMEN'S BILL OF RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Title; application. new text end

new text begin (a) This act shall be known and may be cited as the
"Minnesota Women's Bill of Rights."
new text end

new text begin (b) The Minnesota Women's Bill of Rights applies wherever the state or an instrumentality
of the state classifies people on the basis of sex or otherwise defines people as being female
or male, women or men, girls or boys, and the definitions contained in this section apply.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) As used in Minnesota Statutes, administrative rules, and official
agency policies:
new text end

new text begin (1) "woman" means an adult human of the female sex, and a "man" is an adult human
of the male sex;
new text end

new text begin (2) "girl" means a human female who has not yet reached adulthood, and a "boy" is a
human male who has not yet reached adulthood;
new text end

new text begin (3) "mother" means a female parent of a child or children;
new text end

new text begin (4) "female," when used in reference to a natural person, means an individual who has,
had, will have, or would have (but for a developmental anomaly, genetic anomaly, or
accident) the reproductive system that at some point produces ova;
new text end

new text begin (5) "male," when used in reference to a natural person, means an individual who has,
had, will have, or would have (but for a developmental anomaly, genetic anomaly, or
accident) the reproductive system that at some point produces sperm for fertilization of
female ova;
new text end

new text begin (6) "father" means a male parent of a child or children; and
new text end

new text begin (7) "sex" means his or her biological sex, either male or female, designated at birth.
There are only two sexes, and every individual is either male or female. "Sex" does not
include gender identity or any other terms intended to convey a person's sense of self; and
gender identity and other terms may not be used as synonyms or substitutes for "sex."
new text end

new text begin (b) Individuals with differences in sex development also known as DSD or intersex
conditions are not a third sex. Individuals with a congenital and medically verifiable DSD
diagnosis must be accommodated consistent with state and federal law.
new text end

new text begin Subd. 3. new text end

new text begin Discrimination. new text end

new text begin (a) Any policy, program, or statute that prohibits sex
discrimination shall be construed to forbid unfair treatment of females or males in relation
to similarly situated members of the opposite sex.
new text end

new text begin (b) Because the state has an important interest in preventing unjust discrimination and
in maintaining safety, privacy, and fairness, the state may provide separate single-sex
environments for males and females where the sexes are not similarly situated, particularly
with respect to biology, including but not limited to athletics, living facilities, locker rooms,
bathrooms, domestic violence shelters, and rape crisis centers without running afoul of
antidiscrimination mandates.
new text end

new text begin (c) Wherever the state provides separate single-sex environments for males and females,
the definitions established in this section must apply.
new text end

new text begin Subd. 4. new text end

new text begin Data collection on the characteristic of sex. new text end

new text begin (a) Any public school, public
school district, agency, department, or instrumentality of the state that collects vital statistics
related to sex for the purpose of complying with state or federal antidiscrimination laws or
for the purpose of gathering accurate public health, crime, economic, or other data shall
identify each natural person who is part of the collected data set as either male or female
as defined in this section.
new text end

new text begin (b) Compliance with this section shall not require the collection of data regarding sex
unless otherwise required by law, and it shall not prevent the collection of additional data
points other than biological sex.
new text end

new text begin Subd. 5. new text end

new text begin Severability. new text end

new text begin If any provision of this section, or the application of this section
to any person or circumstance is held to be unconstitutional, the remainder of this section,
the amendments made by this section, and the application of the provisions of this section
to any person or circumstance shall not be affected thereby.
new text end

Sec. 2. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall delete the word "gender" and insert the word "sex" when
the term is standing alone and not part of a phrase, such as gender identity.
new text end