II 

118TH CONGRESS 

2D SESSION S. 5356 

To establish clear and consistent biological definitions of male and female. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2024 

Mr. MARSHALL (for himself, Mr. RISCH, Mr. CRAPO, and Mrs. HYDE-SMITH) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To establish clear and consistent biological definitions of 

male and female. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defining Male and Fe5 male Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In human beings, there are two—and only 

9 two—sexes: male and female, which refer to the two 

10 body structures (phenotypes) that, in normal develVerDate Sep 11 2014 18:04 Nov 25, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5356.IS S5356

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1 opment, correspond to one or the other gamete— 

2 sperm for males and ova for females. 

3 (2) Every individual is either male or female. 

4 (3) An individual’s sex can be observed or clini5 cally verified at or before birth. 

6 (4) Rare disorders of sexual development are 

7 not exceptions to the binary nature of sex. 

8 (5) In no case is an individual’s sex determined 

9 by stipulation or self-identification. 

10 (6) There is increasing confusion about the def11 inition of sex as a biological truth, the implications 

12 of sex, and its relationship to concepts and terms in13 cluding sex assigned at birth, gender, gender iden14 tity, gender role, gender expression, and experienced 

15 gender. 

16 (7) Confusion and ambiguities surrounding the 

17 definitions of sex, male, female, and related terms 

18 can hinder individual efforts to enjoy equal treat19 ment under the law. 

20 (8) Legal equality of the two sexes—male and 

21 female—does not imply that the sexes are identical 

22 to each other or are the same in every respect. 

23 (9) With respect to the two sexes—male and fe24 male—separate facilities or sports leagues estab25 lished because of or organized according to physical 


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1 differences between the sexes do not constitute un2 equal treatment under the law. 

3 (10) Physical differences between males and fe4 males are enduring, and the two sexes are not fun5 gible. 

6 (11) To prevent further efforts to undermine 

7 the longstanding meaning and understanding of sex, 

8 male, female, and related terms, it is necessary for 

9 Congress to reaffirm and codify the meaning of 

10 these terms. 

11 SEC. 3. DEFINITION OF ‘‘SEX’’, ‘‘MALE’’, ‘‘FEMALE’’, AND RE12 LATED TERMS. 

13 Chapter 1 of title 1, United States Code, is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 9. DEFINITION OF ‘SEX’, ‘MALE’, ‘FEMALE’, AND RE16 LATED TERMS. 

17 ‘‘In determining the meaning of any Act of Congress, 

18 or of any ruling, regulation, or interpretation of the var19 ious departments and Federal agencies of the United 

20 States, the word— 

21 ‘‘(1) ‘boy’ means a minor human male; 

22 ‘‘(2) ‘father’ means a male parent; 

23 ‘‘(3) ‘female’, when used to refer to a natural 

24 person, means an individual who naturally has, had, 

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1 aly or intentional or unintentional disruption, the re2 productive system that at some point produces, 

3 transports, and utilizes eggs for fertilization; 

4 ‘‘(4) ‘gender’, when used alone to refer to 

5 males, females, or the natural differences between 

6 males and females— 

7 ‘‘(A) shall be considered a synonym for 

8 sex; and 

9 ‘‘(B) shall not be considered a synonym or 

10 short-hand expression for gender identity, expe11 rienced gender, gender expression, or gender 

12 role, 

13 except that this definition shall not apply when the 

14 term ‘gender’ is used in conjunction with other 

15 words or as an adjective to modify other words, or 

16 when context or explicit definition in law indicates 

17 otherwise; 

18 ‘‘(5) ‘gender identity’ does not mean sex or gen19 der; 

20 ‘‘(6) ‘girl’ means a minor human female; 

21 ‘‘(7) ‘male’, when used to refer to a natural 

22 person, means an individual who naturally has, had, 

23 will have, or would have, but for a congenital anom24 aly or intentional or unintentional disruption, the reVerDate Sep 11 2014 00:21 Nov 26, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5356.IS S5356

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1 productive system that at some point produces, 

2 transports, and utilizes sperm for fertilization; 

3 ‘‘(8) ‘man’, except when used as a generic ref4 erence to human beings, means an adult human 

5 male; 

6 ‘‘(9) ‘mother’ means a female parent; 

7 ‘‘(10) ‘sex’, when referring to an individual’s 

8 sex, shall be understood to refer to either male or fe9 male, as biologically determined and defined by this 

10 section; and 

11 ‘‘(11) ‘woman’ means an adult human female.’’. 

Æ 


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