What is a woman? Tennessee has the answer, with Gov. Bill Lee signing bill defining sex in state law

Health
By Carolina Stanton

Tennessee Gov. Bill Lee signed legislation defining the word sex in state law, becoming the second state this year to provide an answer to the increasingly polarizing question, “What is a woman?”

Senate Bill 1440, which was signed Wednesday, clarifies that sex means “a person’s immutable biological sex as determined by anatomy and genetics existing at the time of birth,” letting the state Legislature draw clear sex-based distinctions in areas such as public accommodations and scholastic sports.

“Unfortunately, we have reached a point in society where common words like man or woman, male or female, boy or girl have come under attack,” said Republican state Rep. Gino Bulso, the bill’s House sponsor.

Members of the Biden administration have been stumped during congressional hearings after being asked to define “woman” by Republican lawmakers amid the rise of the gender-identity movement.

“I am proud to have sponsored legislation to amend the Tennessee code to define the biological term sex to ensure that our laws are crystal clear so that judges and bureaucrats understand the biological and genetic differences between a man and a woman,” said Mr. Bulso.

Opposing the measure were LGBTQ advocates who argued that the measure discriminates against transgender people seeking legal recognition and access to facilities and categories based on gender identity versus biological sex.

“Let’s be clear: The goal of this bill is to exclude the LGBTQ+ community from nondiscrimination protections in the state of Tennessee and to perpetuate a false narrative of who transgender people are,” said Human Rights Campaign legal director Sarah Warbelow after the bill passed the Senate.

Critics have blasted the “sex designation” bills as the latest in a wave of “anti-transgender” measures moving through GOP state legislatures, which include bills barring gender-transition treatments for minors and prohibiting biological males from competing in female scholastic sports.

Last month, Kansas became the first state to enact biologically based sex definitions into law after the Republican-led Legislature overrode Democrat Gov. Laura Kelly’s veto of the Women’s Bill of Rights.

A Montana bill defining male and female based on chromosomes and reproductive biology is awaiting the signature of Republican Gov. Greg Gianforte.

The bills were inspired by the Women’s Bill of Rights, a document drafted in March 2022 as model legislation by the right-tilting Independent Women’s Voice and Independent Women’s Law Center in collaboration with the left-tilting Women’s Liberation Front.

“At IW, we know what a woman is. And we are proud that Tennessee lawmakers do too,” said Jennifer C. Braceras, the law center’s director.

The LGBTQ group Trans Formation, which tracks state legislation, said “sex designation” bills “make it harder for trans folks to have IDs, such as birth certificates, match their gender identity.”

The Tennessee bill’s fiscal impact statement said the measure could jeopardize federal grant funding if it places the state “out of compliance with federal requirements,” but Attorney General Jonathan Skrmetti defended the measure.

He said the newly signed bill “codifies the long-established understanding that when the law refers to a person’s sex, it means their biological sex.” The legislation takes effect July 1.

“Passage of the Women’s Bill of Rights by the General Assembly and Governor Lee ensures continued protection of educational opportunities and privacy rights for girls and women,” said Mr. Skrmetti.

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