New Bill Seeks to Define 'Male' and 'Female' Based on Conception for All Federal Laws

A proposed piece of legislation, the "Defining Male and Female Act of 2025," aims to establish specific definitions for sex-related terms across all federal laws, rules, and regulations. It defines 'sex' strictly as a person's biological classification determined at conception, labeling it as 'unchangeable.' Key terms like 'male' and 'female' are tied directly to reproductive biology present at conception – sperm production for males and egg production for females (SEC. 2). The bill explicitly states that 'gender identity,' described as an internal sense of self, will not be recognized by the federal government as a substitute for this biological definition of sex.

Setting the Standard: What's in a Definition?

The core of this bill lies in Section 2, which lays out a specific biological framework. It defines 'male' as belonging to the sex with the reproductive system to produce sperm and 'female' as belonging to the sex with the system to produce eggs, both determined at conception. This approach establishes a binary definition based solely on biology observed at the start of life. Crucially, the bill draws a hard line, stating that 'gender identity' – how someone perceives their own gender – is separate from biological sex and cannot replace it in the eyes of federal law or agency interpretation. This means official federal contexts would rely exclusively on the bill's biological definitions for terms like 'man,' 'woman,' 'boy,' 'girl,' 'father,' and 'mother.'

The Ripple Effect: How This Plays Out

Because these definitions are intended to apply universally across federal actions – think laws, agency rules, court interpretations – the impact could be widespread. This standardized definition could alter how existing federal laws concerning discrimination (like Title IX in education), healthcare regulations, federal employment policies, and data collection are interpreted and applied. For example, questions arise about how this definition would affect access to services or facilities designated by sex, or how federal agencies recognize individuals whose gender identity differs from the sex assigned at birth. The bill's strict biological definition and exclusion of gender identity directly raise concerns about restricting rights and potentially removing existing federal recognitions or protections for transgender and intersex individuals, groups identified as being disproportionately impacted by this approach (SEC. 2).

Clarity or Conflict? The Bigger Picture

While the bill presents itself as a way to create uniform definitions for federal use, its approach is quite specific and departs from interpretations that include gender identity. The language is direct, leaving little room for interpretation regarding its stance on biological sex versus gender identity (Low Vagueness). Proponents might argue this provides necessary legal clarity based on a specific viewpoint. However, by codifying definitions that exclude gender identity and could conflict with the lived experiences and identities of transgender and intersex people, the act sets the stage for significant legal and social challenges. The practical effect could be the rolling back of accommodations or recognitions previously established through other regulations or interpretations, potentially creating barriers in areas governed by federal oversight.