By Ruth Brown, Idaho Reports
The House State Affairs Committee moved forward a bill Wednesday that would declare in law there are only two genders and sexes after hearing no testimony in support of the bill.
“In human beings, there are two, and only two, sexes: male and female,” the first line of the bill states. Sponsored by Rep. Julianne Young, R-Blackfoot, HB421 passed out of committee on a party-line vote.
“There is increasing confusion about the definition of sex as a biological truth and its relationship to concepts and terms, including but not limited to gender, gender identity, gender role, gender expression, and experienced gender,” says the bill’s legislative intent statement. The bill defines male, female, mother, father, boy and girl and deems the word “gender” to be synonymous with “sex.”
Emilie Jackson-Edney, a transgender woman, was the first to testify on Wednesday.
“This legislation poses a personal threat to my humanity and my fundamental right of dignity, well-being, equal opportunity and safety in this state,” she said. “By limiting the definition of sex to only biological male and female this legislation overlooks the diversity of gender identities that exist beyond the binary framework. Excluding gender identity perpetuates discrimination against transgender individuals.”
Nikson Mathews, a transgender person, also testified in opposition to the bill.
“It sends a clear message to thousands of trans, non-binary and intersex Idahoans that we are nothing,” said Mathews. “Not even worthy of recognition.”
Non-binary people are people who may not exclusively identify as one gender.
The bill does not define an intersex person. Intersex people are people who are born with both male and female sexual characteristics, whether it be in chromosomes or sexual and reproductive organs.
Young’s bill does state that “(r)are disorders of sexual development are not exceptions to the binary nature of sex.”
Amy Dundon of the ACLU of Idaho told legislators she saw clear flaws in the definitions outlined in the bill, and noted that similar bills that passed laws Montana and Kansas are now tied up litigation.
The bill now moves forward to the full House of Representatives.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.