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Texas Lawmakers Approve Bill Defining Gender by Birth Sex

If signed, the law would require all state documents to list individuals by their sex assigned at birth.

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Protestors chant in the hall as Lt. Governor Dan Patrtick announces legislation by Senator Lois Kolkhorst (R-Brenham) concerning bathroom access rules in Texas on January 5, 2017.
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Texas Governor Greg Abbott. (Getty)

Overview

  • After passing the House 87-56 and clearing the Senate on a 20-11 party-line vote, House Bill 229 now awaits Gov. Abbott’s signature and would take effect on Sept. 1, 2025 if enacted.
  • The legislation defines a “woman” as someone whose biological reproductive system produces ova and a “man” as one whose system is developed to fertilize those ova.
  • All state statutes would apply these definitions to vital records, requiring documents to reflect birth-assigned sex and nullifying court-ordered gender marker changes.
  • Supporters argue the bill safeguards privacy and safety in single-sex spaces such as bathrooms, prisons and athletic competitions by adhering to biological criteria.
  • Critics including LGBTQ+ advocates and Democratic legislators contend the law enforces discrimination against transgender and non-binary Texans by erasing their legally recognized identities.