This bill defines "male" and "female" based on biological sex at conception for federal laws and regulations, rejecting "gender identity" as a replacement for sex.
Mary Miller
Representative
IL-15
The "Defining Male and Female Act of 2025" seeks to establish clear, biological definitions of "male" and "female" based on reproductive systems at conception. These definitions would apply to the interpretation of all federal laws, regulations, and agency actions. The bill explicitly defines related terms like "boy," "girl," "man," and "woman" in accordance with these biological distinctions. It also clarifies that "gender identity" will not be recognized by the federal government as a replacement for biological sex.
Proposed Bill Mandates Strict Biological Definition of 'Sex' Across All Federal Laws
A new piece of legislation, the 'Defining Male and Female Act of 2025,' aims to set concrete definitions for 'sex' and related terms like 'male,' 'female,' 'man,' and 'woman' that would apply across all federal laws, regulations, and agency interpretations. The core of the bill defines 'sex' as a person's fixed biological classification from conception, specifically linking 'female' to the potential to produce eggs and 'male' to the potential to produce sperm. Notably, it also defines 'gender identity' as an internal sense disconnected from biology and explicitly states the federal government will not recognize it as a substitute for 'sex'.
Setting the Standard: Biology Takes Center Stage
This bill essentially locks in a specific biological definition for use in all federal matters. According to Section 2, your sex is determined strictly by the reproductive system you were conceived with – either egg-producing (female) or sperm-producing (male). This definition is labeled 'immutable,' meaning unchangeable. Terms like 'mother,' 'father,' 'boy,' and 'girl' are tied directly to these biological definitions. The key takeaway here is the bill's insistence that this biological definition overrides any other considerations, specifically excluding 'gender identity' from federal recognition as equivalent to or a replacement for 'sex'. If enacted, every federal agency and department would need to interpret laws and rules using these exact definitions.
Potential Impacts: Where Definitions Meet Reality
By mandating a single, biologically-based definition of sex for all federal purposes, this act could significantly alter how laws and regulations are applied. Think about any federal context where 'sex' is mentioned – from data collection and forms to potentially anti-discrimination statutes or rules governing sex-specific programs or facilities. The bill's definition, based solely on reproductive biology at conception and explicitly rejecting gender identity, directly clashes with the lived reality and legal recognition sought by many transgender individuals. It also raises questions for intersex people, whose biological characteristics may not align neatly with the bill's binary definitions. This standardized interpretation could affect access to federal programs, benefits, or legal protections that currently rely on different understandings of sex or gender identity.