AN ACT to amend and reenact section 1-01-34 of the North Dakota Century Code, relating to gender usage in the North Dakota Century Code.
Summary
HB 1181 amends North Dakota Century Code section 1-01-34, which is the general rule for gendered language in the code. The bill states that words of one gender include the other genders and adds a new rule that words used to reference an individual's gender mean the individual's sex. In practical terms, it clarifies how gendered terms in state statutes are to be read and applied across the Century Code.
The measure is a statutory interpretation bill rather than a programmatic or funding bill. Its effect is to change the default meaning of gender references in state law, which could influence how courts, agencies, and readers interpret existing and future statutes that use gendered language. Because the change is placed in the general construction provisions of the Century Code, it may have broad application beyond any single subject area.
Impact
HB 1181 directly amends a general rules provision in the North Dakota Century Code, so its impact extends to the interpretation of many statutes that use gendered terms. By defining words referencing an individual's gender to mean the individual's sex, the bill may affect legal interpretation in administrative, judicial, and legislative contexts, including how state laws are drafted and construed. It does not create a new regulatory program, but it changes a foundational interpretive rule that can influence the meaning of existing law across the code.
Sentiment
The bill appears to have received generally favorable support overall, as reflected in its passage in both chambers with substantial majorities. The House and Senate second-reading votes show clear support, though not unanimous, indicating that most legislators accepted the clarification while a notable minority opposed it. The absence of committee transcripts limits insight into detailed debate, but the voting pattern suggests the bill was broadly supported with some ideological or policy-based dissent.
Contention
The main point of contention is the bill's explicit statement that references to an individual's gender mean the individual's sex. Supporters likely viewed this as a clarification of statutory language and a way to standardize interpretation, while opponents may have objected to the legal and policy implications of equating gender with sex. The recorded nay votes in both chambers indicate that some legislators disagreed with the approach, likely due to concerns about its effect on gender identity, statutory interpretation, or broader social implications.
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