II 118th CONGRESS 2d Session S. 5356 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. Short title This Act may be cited as the Defining Male and Female Act of 2024 . 2. Findings Congress finds the following: (1) In human beings, there are two—and only two—sexes: male and female, which refer to the two body structures (phenotypes) that, in normal development, correspond to one or the other gamete—sperm for males and ova for females. (2) Every individual is either male or female. (3) An individual’s sex can be observed or clinically verified at or before birth. (4) Rare disorders of sexual development are not exceptions to the binary nature of sex. (5) In no case is an individual’s sex determined by stipulation or self-identification. (6) There is increasing confusion about the definition of sex as a biological truth, the implications of sex, and its relationship to concepts and terms including sex assigned at birth, gender, gender identity, gender role, gender expression, and experienced gender. (7) Confusion and ambiguities surrounding the definitions of sex, male, female, and related terms can hinder individual efforts to enjoy equal treatment under the law. (8) Legal equality of the two sexes—male and female—does not imply that the sexes are identical to each other or are the same in every respect. (9) With respect to the two sexes—male and female—separate facilities or sports leagues established because of or organized according to physical differences between the sexes do not constitute unequal treatment under the law. (10) Physical differences between males and females are enduring, and the two sexes are not fungible. (11) To prevent further efforts to undermine the longstanding meaning and understanding of sex, male, female, and related terms, it is necessary for Congress to reaffirm and codify the meaning of these terms. 3. Definition of sex , male , female , and related terms Chapter 1 of title 1, United States Code, is amended by adding at the end the following: 9. Definition of sex , male , female , and related terms In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various departments and Federal agencies of the United States, the word— (1) boy means a minor human male; (2) father means a male parent; (3) female , when used to refer to a natural person, means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization; (4) gender , when used alone to refer to males, females, or the natural differences between males and females— (A) shall be considered a synonym for sex; and (B) shall not be considered a synonym or short-hand expression for gender identity, experienced gender, gender expression, or gender role, except that this definition shall not apply when the term gender is used in conjunction with other words or as an adjective to modify other words, or when context or explicit definition in law indicates otherwise; (5) gender identity does not mean sex or gender; (6) girl means a minor human female; (7) male , when used to refer to a natural person, means an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports, and utilizes sperm for fertilization; (8) man , except when used as a generic reference to human beings, means an adult human male; (9) mother means a female parent; (10) sex , when referring to an individual’s sex, shall be understood to refer to either male or female, as biologically determined and defined by this section; and (11) woman means an adult human female. .