What This Bill Does
This resolution expresses the House of Representatives' position that federal law should define "sex" based on a person's biological sex at birth. The resolution states there are reasons to distinguish between sexes in certain areas like athletics, prisons, shelters and restrooms. It also establishes how terms like "woman," "girl," "man," "boy," "mother" and "father" should be defined for purposes of federal law.
Who It Affects
State and local government agencies that collect or report data by sex for federal antidiscrimination laws are directly mentioned in the bill. The resolution also addresses federal law generally as it applies to women and men.
Key Provisions
- For federal law purposes, "sex" means a person's biological sex (either male or female) at birth (Resolved, paragraph 1)
- The terms "woman" and "girl" refer to human females, while "man" and "boy" refer to human males in federal law (Resolved, paragraph 2)
- The word "mother" means a parent of the female sex and "father" means a parent of the male sex (Resolved, paragraph 3)
- There are important reasons to distinguish between sexes in athletics, prisons, domestic violence shelters, restrooms and other areas where biology, safety and privacy are involved (Resolved, paragraph 4)
- State and local government agencies must base sex data collection on the biological sex of individuals at birth when complying with federal laws requiring sex-disaggregated data (Resolved, paragraph 6)
Important Definitions
"Sex" means biological sex (either male or female) at birth. "Woman" and "girl" refer to human females. "Man" and "boy" refer to human males. "Mother" means a parent of the female sex. "Father" means a parent of the male sex.
IV
118TH CONGRESS
1ST SESSION
H. RES. 115
Establishing a Women’s Bill of Rights to reaffirm legal protections afforded
to women under Federal law.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 9, 2023
Mrs. LESKO (for herself, Mrs. HARSHBARGER, Mrs. MILLER of Illinois, Mr.
HERN, Ms. TENNEY, Mr. ADERHOLT, Mr. BIGGS, Mr. CLYDE, Mr.
WEBER of Texas, Mr. GUEST, Mr. SANTOS, Mr. OGLES, Ms. FOXX, Mr.
NORMAN, Mr. OWENS, Mr. JACKSON of Texas, Ms. HAGEMAN, and Mr.
DUNCAN) submitted the following resolution; which was referred to the
Committee on the Judiciary
RESOLUTION
Establishing a Women’s Bill of Rights to reaffirm legal
protections afforded to women under Federal law.
Whereas males and females possess unique and immutable bi-
ological differences that manifest prior to birth and in-
crease as they age and experience puberty;
Whereas biological differences between the sexes mean that
only females may get pregnant, give birth, and breastfeed
children;
Whereas biological differences between the sexes mean that
males are, on average, larger in size and possess greater
body strength than females;
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•HRES 115 IH
Whereas biological differences between the sexes can expose
females to more harm than males from specific forms of
violence, including sexual violence;
Whereas women have achieved inspirational and significant
accomplishments in education, athletics, and employment;
and
Whereas recent misguided court rulings related to the defini-
tion of ‘‘sex’’ have led to endangerment of spaces and re-
sources dedicated to women, thereby necessitating clari-
fication of certain terms: Now, therefore, be it
Resolved, That the House of Representatives reaf-
1
firms that—
2
(1) for purposes of Federal law, a person’s
3
‘‘sex’’ means his or her biological sex (either male or
4
female) at birth;
5
(2) for purposes of Federal law addressing sex,
6
the terms ‘‘woman’’ and ‘‘girl’’ refer to human fe-
7
males, and the terms ‘‘man’’ and ‘‘boy’’ refer to
8
human males;
9
(3) for purposes of Federal law, the word
10
‘‘mother’’ means a parent of the female sex and ‘‘fa-
11
ther’’ is defined as a parent of the male sex;
12
(4) there are important reasons to distinguish
13
between the sexes with respect to athletics, prisons,
14
domestic violence shelters, restrooms, and other
15
areas, particularly where biology, safety, and privacy
16
are implicated;
17
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•HRES 115 IH
(5) policies and laws that distinguish between
1
the sexes are subject to intermediate constitutional
2
scrutiny and permitted when they serve an impor-
3
tant governmental objective and are substantially re-
4
lated to achieving that objective; and
5
(6) for purposes of complying with Federal laws
6
that require State and local government agencies to
7
collect or report data disaggregated by sex, such as
8
Federal antidiscrimination laws, agencies are re-
9
quired to base such data on the biological sex of in-
10
dividuals at birth.
11
Æ
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