Bill Description: House Bill 421 would create clear definitions of male, female, and related terms, and clarify that gender and sex are synonyms.

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Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?

House Bill 421 would amend Section 73-114, Idaho Code, to add definitions of "male," "female," "boy," "girl," "father," "mother" and related terms. Historically, definitions have not been required in law for common terms with obvious meanings, but due to recent abuses of language to push social agendas, it has become necessary to precisely define certain words related to, as the bill puts it, the "binary nature of sex."

House Bill 421 includes intent language that says in part, "In human beings, there are two, and only two, sexes: male and female. Every individual is either male or female. An individual's sex can be observed or clinically verified at or before birth. Rare disorders of sexual development are not exceptions to the binary nature of sex. In no case is an individual's sex determined by stipulation or self-identification."

It goes on to say that while "there is increasing confusion about the definition of sex as a biological truth, … physical differences between males and females are enduring, and the two sexes are not fungible."

House Bill 421 would define "female" as "an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system that at some point produces, transports, and utilizes eggs for fertilization."

It would define "male" as "an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system that at some point produces, transports, and utilizes sperm for fertilization."

Most importantly, it defines "sex" as "an individual's biological sex, either male or female" and "gender" as "a synonym for 'sex'" when it is "used to refer to males, females, or the natural differences between males and females." 

It further clarifies that "gender" is not "a synonym for gender identity, an internal sense of gender, experienced gender, gender expression, or gender role."

While previous generations would no doubt find the need for this bill puzzling, instituting clear and precise definitions is necessary to allow for the honest, transparent, and uniform application of law. 

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Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion, or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?

House Bill 421 directly addresses the issue of equal protection under the law in its intent language, stating that "legal equality of the two sexes does not imply that the sexes are identical to each other or are the same in every respect" and "with respect to the two sexes, separate facilities, housing or sleeping arrangements, or sports teams, programs, or leagues established because of or organized according to physical differences between the sexes does not constitute unequal treatment under the law."

It is appropriate and necessary to recognize that equal protection under the law does not require ignoring the inherent differences between males and females or erasing protections designed to preserve their unique spaces. 

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