Kim Reynolds introduces bill defining 'man' and 'woman'; opponents brand it 'LGBTQ erasure'

Gov. Kim Reynolds has introduced a bill that would define the words “sex,” “man” and “woman” in state law, requiring changes to the way the government collects public health data, issues birth certificates and driver's licenses, and offers anti-discrimination protections.   

"We refer to it as the LGBTQ erasure act," said Keenan Crow, director of policy and advocacy for One Iowa.  

The legislation, House Study Bill 649, introduced Thursday, creates a new section of code defining a person’s sex as their sex assigned at birth.  

The bill defines a “female” as a person whose biological reproductive system is developed to produce ova and a “male” as a person whose biological reproductive system is developed to fertilize the ova of a female. 

More:Iowa Gov. Kim Reynolds' bill defining a 'man' and a 'woman' explained in 60 seconds

“Women and men are not identical; they possess unique biological differences,” Reynolds said in a statement provided to the Des Moines Register. “That’s not controversial, it’s common sense.  

“Just like we did with girls' sports, this bill protects women’s spaces and rights afforded to us by Iowa law and the constitution. It’s unfortunate that defining a woman in code has become necessary to protect spaces where women’s health, safety, and privacy are being threatened like domestic violence shelters and rape crisis centers. The bill allows the law to recognize biological differences while forbidding unfair discrimination.” 

How the bill would affect driver's licenses and birth certificates

The bill says that if a person is issued a new birth certificate, driver’s license or non-operator’s ID card following a sex-change operation, the new document will list the person’s sex at birth and their sex following the operation. 

It also says that when the state, cities or school districts collect data — for public health reasons, crime statistics, or to comply with antidiscrimination laws — they will identify people as only “male” or “female.”  

Intersex people, who are born with sex characteristics that do not fall under male or female, are not explicitly mentioned in the legislation.  

The legislation does say that a person “born with a medically verifiable diagnosis of disorder or difference of sex development shall be provided the legal protections and accommodations afforded under the federal Americans with Disabilities Act.” 

In a statement, Iowa Safe Schools said the bill could be interpreted “as segregating transgender Iowans in facilities owned, operated, or funded by state government.”   

“This bill is an affront to everything we’re about as Iowans,” Becky Tayler, executive director for Iowa Safe Schools, said in the statement. “Gov. Reynolds has made it crystal clear that transgender Iowans are not welcome in their own state.  

Reynolds' proposal could require transgender Iowans to have unique birth certificates and driver's licenses — which advocates said would mean disclosing personal medical information while purchasing alcohol or other unrelated activities that require a form of ID. 

Pete McRoberts, policy director for the ACLU of Iowa, called the language an "astonishing violation" of privacy.

"Can you imagine if Gov. Reynolds had wanted you to put your COVID vaccination status on your license? Why would this medical information be any different?" McRoberts said.

"We're not talking slippery slope here," he added. "The slope is in the rearview mirror. The damage is done."

The legislation's definition of "mother" ("a parent who is female") and "father" ("a parent who is male") could also complicate circumstances for children with same-sex parents, Crow said. 

Iowa bill resembles legislation passed in other red states

Similar legislation has been passed in several states, including Montana, Kansas and Tennessee. Montana’s law defining “sex” in state code has been challenged in court by the ACLU, with plaintiffs arguing that it denies them legal protections and recognition. 

Iowa’s bill says the term “equal” does not mean “same” or “identical,” and it says that “separate accommodations are not inherently unequal.”  

Tayler, of Iowa Safe Schools, said the group believes that language is unconstitutional. 

“Our organization would strongly suggest that the governor retake elementary civics class — ‘separate but equal’ is inherently unconstitutional,” she said. “Our organization will fight tirelessly to ensure our students are afforded equal treatment under the law.“ 

McRoberts said the bill's language on public facilities and equality should make everyone "do a double take," referencing historical segregation of Black Americans and other marginalized populations.

"To see it in print is a shocker for me," he said.

Bill says separate accommodations may be necessary for men and women

The legislation also says that any state law, policy or program that prohibits discrimination on the basis of sex should be understood “to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex.” 

It says that the government has “objectives of protecting the health, safety and privacy” of Iowans in situations that may necessitate separate accommodations for men and women. Those contexts might include detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and more.  

Reynolds’ proposal comes less than a year after she and Republican majorities passed a slew of bills putting restrictions on LGBTQ Iowans and was introduced a day after legislation that would have removed gender identity protections from Iowa civil rights law was killed by a House subcommittee. 

Legislation passed during the 2023 session included restrictions on which bathrooms transgender students can use at school, prohibitions on teaching about sexual orientation or gender identity from kindergarten through sixth grade, and a ban on gender-affirming medical care for transgender youth under the age of 18. 

Brianne Pfannenstiel is the chief politics reporter for the Register. Reach her at bpfann@dmreg.com or 515-284-8244. Follow her on Twitter at @brianneDMR.

Galen Bacharier covers politics for the Register. Reach him at gbacharier@registermedia.com or (573) 219-7440, and follow him on Twitter @galenbacharier.