Alabama Senate Bill 79

Alabama Senate Bill 79
Alabama Legislature
  • Relating to sex-based terminology; to amend Section 1-1-1, Code of Alabama 1975, to define certain sex-based terms; to provide policy relating to sex; to allow public entities to establish certain single-sex spaces or environments; and to require public entities that collect vital statistics related to sex as male or female to identify each individual as male or female as observed at birth.
Citation[1]
Territorial extent Alabama
Enacted byAlabama Senate
EnactedFebruary 6, 2025
Enacted byAlabama House of Representatives
EnactedFebruary 12, 2025
Signed byKay Ivey
SignedFebruary 13, 2025
EffectiveOctober 1, 2025
Legislative history
First chamber: Alabama Senate
First readingFebruary 4, 2025
Second readingFebruary 5, 2025
Third readingFebruary 6, 2025
Voting summary
  • 26 voted for
  • 5 voted against
  • 3 present not voting
Second chamber: Alabama House of Representatives
Received from the Alabama SenateFebruary 6, 2025
First readingFebruary 6, 2025
Second readingFebruary 11, 2025
Third readingFebruary 12, 2025
Voting summary
  • 77 voted for
  • 12 voted against
  • 9 abstained
  • 7 present not voting
Final stages
Finally passed both chambersFebruary 12, 2025
Summary
Modifies the definitions of male, female, and related terms in state law to be determined at birth based on a person's reproductive organs, and allows the state and local subdivisions to designate single-sex spaces based on the definitions of sex in state law.
Status: In force

Alabama Senate Bill 79 (SB79), also known as the What is a Woman Act, is a 2025 law in the U.S. state of Alabama that modifies the definitions of male, female, and related terms in state law to determine gender as based on a person's reproductive organs and whether they produce or would produce sperm or ova.[1] The bill was signed into law by governor Kay Ivey on February 13, 2025, and took effect on October 1, 2025.[2]

The bill has been criticized for being discriminatory towards transgender, intersex, and gender-nonconforming people.[2][3][4][5] During the debate of Senate Bill 79 in the House, debate was restricted to only 10 minutes, which is unusual for controversial legislation in the chamber.[6][7]

Legislative history

Prior to its passage, a section of the bill which banned people of the opposite sex as determined in state law from using bathrooms aligning with their gender identity was removed. Instead, it was replaced with a section which allows the state and local governments to restrict bathrooms and other spaces to that of sex.[8] No Republicans voted against the bill in the legislature, with some Democrats opposing it.[2]

Provisions

Senate Bill 79 codifies the definitions of male, female, and other related terms in state law to be tied to that of a person's reproductive organs.[9] It also allows the state to restrict bathrooms, changing rooms, and other generally segregated facilities to be restricted to that of sex as defined in state law, but does not outright restrict the usage of such facilities in the bill itself.[8]

Senate Bill 79 defines two sexes in state law, male and female, and does not include exceptions for intersex people.[7] A person's sex under the bill is determined at birth by a medical professional as either male or female.[10] People who identify as a gender differing from their sex as defined in state law, including transgender people, are referred to in state medical registries as that sex and not by their gender.[11]

See also

References

  1. ^ Barrett, Anna (February 12, 2025). "Alabama House approves bill defining sex-based terms, sends to Gov. Kay Ivey". Alabama Reflector. Retrieved November 26, 2025.
  2. ^ a b c Cason, Mike (February 13, 2025). "'What is a woman' bill now law: 'In Alabama, we believe there are 2 genders,' Gov. Ivey says". al.com. Retrieved November 26, 2025.
  3. ^ Jobin, Alex (February 10, 2025). "Alabama Transgender Rights Action Coalition criticizes ALGOP's "What is a Woman" bill". Alabama Political Reporter. Retrieved November 26, 2025.
  4. ^ "HB 107/SB 79 – Trans Erasure / "What is a Woman?" Act". ACLU of Alabama. Retrieved November 26, 2025.
  5. ^ Jobin, Alex (February 18, 2025). "Gov. Ivey signs "What is a Woman Act" into law". Alabama Political Reporter. Retrieved November 27, 2025.
  6. ^ Wise, Erin (February 13, 2025). "Governor Ivey signs bill defining male and female after limited debate in the House". ABC 33/40. Retrieved November 27, 2025.
  7. ^ a b Barrett, Anna (February 13, 2025). "Gov. Kay Ivey signs bill putting sex-based terms into Alabama law". Alabama Reflector. Retrieved November 27, 2025.
  8. ^ a b Wise, Erin (February 6, 2025). "'What is a Woman' bill approved by Alabama Senate and House". ABC 33/40. Retrieved November 27, 2025.
  9. ^ Conlin, Riley; Crane, Lisa (February 14, 2025). "'Did not take a biologist to figure it out': Alabama Gov. Kay Ivey signs 'What is a Woman?' bill". WVTM 13. Retrieved November 27, 2025.
  10. ^ Rocha, Alander (February 11, 2025). "Alabama House committee advances bill defining 'sex-based terms'". Alabama Reflector. Retrieved November 27, 2025.
  11. ^ Sharp, John (February 5, 2025). "Alabama lawmakers seek to define gender solely by biological sex: 'one can never become the other'". al.com. Retrieved November 27, 2025. Proponents said the legislation is important for vital statistics reported to health agencies, such as cancer rates.