1.1 A bill for an act
1.2 relating to civil law; creating the Minnesota Women's Bill of Rights; defining
1.3 terms for all statutes and rules;proposing coding for new law in Minnesota Statutes,
1.4 chapter 15.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [15.013] MINNESOTA WOMEN'S BILL OF RIGHTS.
1.7 Subdivision 1.Title; application. (a) This act shall be known and may be cited as the
1.8 "Minnesota Women's Bill of Rights."
1.9 (b) The Minnesota Women's Bill of Rights applies wherever the state or an instrumentality
1.10 of the state classifies people on the basis of sex or otherwise defines people as being female
1.11 or male, women or men, girls or boys, and the definitions contained in this section apply.
1.12 Subd. 2.Definitions. (a) As used in Minnesota Statutes, administrative rules, and official
1.13 agency policies:
1.14 (1) "woman" means an adult human of the female sex, and a "man" is an adult human
1.15 of the male sex;
1.16 (2) "girl" means a human female who has not yet reached adulthood, and a "boy" is a
1.17 human male who has not yet reached adulthood;
1.18 (3) "mother" means a female parent of a child or children;
1.19 (4) "female," when used in reference to a natural person, means an individual who has,
1.20 had, will have, or would have (but for a developmental anomaly, genetic anomaly, or
1.21 accident) the reproductive system that at some point produces ova;
2.1 (5) "male," when used in reference to a natural person, means an individual who has,
2.2 had, will have, or would have (but for a developmental anomaly, genetic anomaly, or
2.3 accident) the reproductive system that at some point produces sperm for fertilization of
2.4 female ova;
2.5 (6) "father" means a male parent of a child or children; and
2.6 (7) "sex" means his or her biological sex, either male or female, designated at birth.
2.7 There are only two sexes, and every individual is either male or female. "Sex" does not
2.8 include gender identity or any other terms intended to convey a person's sense of self; and
2.9 gender identity and other terms may not be used as synonyms or substitutes for "sex."
2.10 (b) Individuals with differences in sex development also known as DSD or intersex
2.11 conditions are not a third sex. Individuals with a congenital and medically verifiable DSD
2.12 diagnosis must be accommodated consistent with state and federal law.
2.13 Subd. 3.Discrimination. (a) Any policy, program, or statute that prohibits sex
2.14 discrimination shall be construed to forbid unfair treatment of females or males in relation
2.15 to similarly situated members of the opposite sex.
2.16 (b) Because the state has an important interest in preventing unjust discrimination and
2.17 in maintaining safety, privacy, and fairness, the state may provide separate single-sex
2.18 environments for males and females where the sexes are not similarly situated, particularly
2.19 with respect to biology, including but not limited to athletics, living facilities, locker rooms,
2.20 bathrooms, domestic violence shelters, and rape crisis centers without running afoul of
2.21 antidiscrimination mandates.
2.22 (c) Wherever the state provides separate single-sex environments for males and females,
2.23 the definitions established in this section must apply.
2.24 Subd. 4.Data collection on the characteristic of sex. (a) Any public school, public
2.25 school district, agency, department, or instrumentality of the state that collects vital statistics
2.26 related to sex for the purpose of complying with state or federal antidiscrimination laws or
2.27 for the purpose of gathering accurate public health, crime, economic, or other data shall
2.28 identify each natural person who is part of the collected data set as either male or female
2.29 as defined in this section.
2.30 (b) Compliance with this section shall not require the collection of data regarding sex
2.31 unless otherwise required by law, and it shall not prevent the collection of additional data
2.32 points other than biological sex.
3.1 Subd. 5.Severability. If any provision of this section, or the application of this section
3.2 to any person or circumstance is held to be unconstitutional, the remainder of this section,
3.3 the amendments made by this section, and the application of the provisions of this section
3.4 to any person or circumstance shall not be affected thereby.
3.5 Sec. 2. REVISOR INSTRUCTION.
3.6 The revisor of statutes shall delete the word "gender" and insert the word "sex" when
3.7 the term is standing alone and not part of a phrase, such as gender identity.
