New Legislation Aims to Preserve Safety and Privacy of Women in Public Spaces
In a significant legislative move, Oklahoma and Louisiana have passed laws defining gender based on biological distinctions, explicitly codifying definitions for terms like “man,” “woman,” and “sex.” These measures aim to uphold the “biological distinctions” between genders and safeguard the “safety and privacy” of females in public spaces.
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Governor Kevin Stitt of Oklahoma signed the “Women’s Bill of Rights” into law last week. Shortly thereafter, Louisiana Governor Jeff Landry signed the “Women’s Safety and Protection Act.” Both laws establish legal definitions for terms such as man, woman, male, female, boy, girl, mother, and father by recognizing the natural differences observed “at birth.” These definitions are intended to dispel ambiguity, ensuring clear differentiation between sexes to protect women’s spaces and competitions from individuals identifying with a gender different from their biological sex.
Robust support in the state legislature of Oklahoma
Oklahoma’s “Women’s Bill of Rights” (HB 1449) saw robust support in the state legislature, passing the Senate 35-7 and the House 79-17. The law aims to provide “clarity, certainty, and uniformity” in how “both biological sexes” are treated within the state.
“Any policy, program, or statute that prohibits sex discrimination shall be construed to forbid unfair treatment of females or males in relation to similarly situated members of the opposite sex,” the law states. “The state or its political subdivisions shall not be prohibited from establishing distinctions between sexes when such distinctions are substantially related to an important government objective, including, but not limited to, biology, privacy, safety, or fairness.”
This means that the law mandates respect for the traditional differences between males and females, maintaining sex-designated public spaces, education, and sports for specific biological genders. The law also clarifies that “equal” treatment of sexes does not imply “same or identical” treatment, and differentiating between sexes does not equate to unequal treatment. The law, reflecting an executive order Governor Stitt signed in 2023, will take effect on November 1, 2024.
Law defines ‘sex’ as male or female only
Louisiana’s “Women’s Safety and Protection Act” (HB 608) passed the state Senate 29-10 and the House 80-17. This law defines “sex” as “either male or female, as observed or clinically verified at birth,” and mandates that “gender identity and other subjective terms” not be used as “synonyms or substitutes.” The law aims to protect women and girls from “sexual assault, harassment and violence” in spaces where they have traditionally been afforded safety and protection.
The law, effective August 1, 2024, requires public schools, restrooms, correctional facilities, domestic violence shelters, and juvenile detention centers to designate restrooms, sleeping quarters, and changing areas for the “exclusive use” of males and females. It also provides legal avenues for judicial relief or damages for violations.
13 states have laws protecting women and girls in public facilities, and at least six other states, including Idaho, Kansas, Mississippi, Montana, North Dakota, and Tennessee, have laws defining “sex,” “male,” and “female.”
Liberty Counsel Founder and Chairman Mat Staver commended the measures: “We commend Governors Kevin Stitt and Jeff Landry and state legislators for protecting women and girls against a false and destructive ideology. These laws protect both men and women while maintaining a grip on reality. Biology is fixed at birth and more states need to reject gender ideology and keep women and girls safe.”
