Sex-based terms, defined; vital statistics, report sex as male or female at birth required, legislative policy regarding sex and gender identity established
SB79 establishes statewide definitions for a range of sex-based terms in the Alabama Code, including “male,” “female,” “man,” “woman,” “boy,” “girl,” “father,” and “mother.” The bill states that, for purposes of state law, sex is an objective and fixed classification based on being male or female as observed or clinically verified at birth, and it declares that there are only two sexes. It also provides that individuals with differences in sex development (DSDs/intersex conditions) are not a third sex, while noting that such individuals must be accommodated consistent with state and federal law.
The bill further directs that anti-discrimination laws prohibiting sex discrimination should be understood to protect males and females, and it expressly allows the state and its political subdivisions to create separate single-sex spaces or environments when biology, privacy, safety, or fairness are implicated. In addition, it requires public entities, school districts, and other government bodies that collect sex-related vital statistics for anti-discrimination or public-data purposes to classify each person in the dataset as male or female, while allowing “unknown” where sex cannot be medically determined at the time of reporting. The act becomes effective October 1, 2025.
SB79 amends Section 1-1-1 of the Code of Alabama 1975, which supplies default statutory definitions used throughout the code, and it adds a new statewide policy framework governing how sex-based terms are interpreted in Alabama law. It affects state agencies, school districts, local governments, and other public entities that collect or report sex-related data, and it authorizes sex-separated facilities or programs where privacy, safety, or fairness concerns are present. The bill also has implications for the administration of anti-discrimination laws, vital statistics reporting, and any statutes that use the terms male, female, man, woman, boy, or girl.
The bill appears to have been generally supported by legislative majorities, as reflected in its passage through both chambers and final enactment. The vote margins show meaningful support but also a substantial minority of opposition, indicating that the measure was politically significant and not unanimous. The bill’s stated goals of clarity, uniformity, privacy, safety, and fairness were central to its support.
The main points of contention concern the bill’s treatment of sex and gender identity, especially its declaration that there are only two sexes and its requirement that public records classify individuals as male or female. Supporters framed the bill as necessary to protect women’s rights, preserve single-sex spaces, and standardize legal definitions. Opponents likely objected to the exclusion of a third sex category, the impact on transgender and intersex individuals, and the mandate to classify vital statistics by sex as observed at birth. The recorded votes, including a failed motion to table in the House, suggest active disagreement even though the bill ultimately passed.