Rep. Black files ‘What is a Woman’ Act, legally defines ‘man’ and ‘woman’

Published Jan. 4, 2024, 3:56 p.m. ET | Updated Jan. 4, 2024

Bathroom entrance, March 23, 2018. (Photo/Juan Marin, Unsplash)
Bathroom entrance, March 23, 2018. (Photo/Juan Marin, Unsplash)

JACKSONVILLE, Fla. – Newly filed Florida legislation would provide formal definitions for the terms “man” and “woman” within the state’s statutes.

Rep. Dean Black, R-Jacksonville, filed HB 1233, titled as the “What is a Woman” Act, which would also replace references to the term “gender” with the term “sex.”

“It will come as a surprise to absolutely no one that the State of Florida believes in truth and science,” Black said.

“Since time immemorial, and for all time yet to come, there are two sexes: male and female. These are immutable, unchanging characteristics in the eyes of the law,” he continued.

According to a press release, the legislation also tackles health insurance coverage for sex-reassignment surgery, mandating that such policies impose an extra fee. Moreover, insurance companies must also offer more affordable policies that exclude coverage for the surgery.

Those policies covering sex-reassignment procedures would be required to include coverage for “de-transition” treatments including prescriptions or surgeries.

Insurance providers would also be prohibited from denying coverage for mental health or therapeutic services aimed at addressing an individual’s perception that their gender identity differs from their assigned sex at birth.

“Indeed, this bill only serves to codify that which is already indisputable but has sadly been weaponized by a radical political movement intent on rewriting the laws of nature to fit their own twisted agenda,” Black said. “And so now, with the filing of this bill we have answered the defining question of this decade, ‘What is a woman?’”

The bill defines the following terms:

  • Female: A person belonging, at birth, to the biological sex that has the specific reproductive role of producing ova.
  • Male: A person belonging, at birth, to the biological sex that has the specific reproductive role of producing sperm.
  • Woman and girl: Human females.
  • Man and boy: Human males.
  • Mother: A female parent.
  • Father: A male parent.
  • Sex: The classification of a human person as either male or female based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.

The bill also states that the term “‘equal’ with respect to sex, does not mean ‘same’ or ‘identical.’”

References to the term “gender” would be replaced with the term “sex,” under the bill, which would be included on legal identifications as well as legal identification applications.

It would require specifications of a person’s sex on drivers licenses and identification cards. Additionally, the bill prohibits a department from issuing an original or replacement drivers license or identification card that specifies a person’s sex as different from what is on their original birth certificate.

According to the bill, if the department finds that an applicant has provided a false attestation about their biological sex, they would be obligated to revoke the individual’s driver’s license or identification card.

The bill also states that a committee member will be determined as a “committeeman” or “committeewoman” based on their biological sex on their birth certificate.

Companion legislation has yet to be filed in the Senate. If passed, the legislation will go into effect July 1.

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