Alabama Governor Signs Binary Gender Bill, Taking Effect in October

On Feb. 13, Alabama Gov. Kay Ivey signed into law Senate Bill 79/Act 2025-3, declaring that there are only two sexes: male and female. Originally introduced on Feb. 4, the legislation amends Alabama Code § 1-1-1, which defines certain words used throughout the Alabama Code. Officially codified as the “‘What Is a Woman?’ Act,” the act carries implications for various aspects of public policy, legal definitions, data collection, and protections of sex-based rights and spaces.

Quick Hits

• Alabama’s “‘What Is a Woman?’ Act” applies “wherever state law classifies individuals on the basis of sex or otherwise mentions individuals as being male or female, men or women, or boys or girls.”
• According to the act, there are only two sexes: male and female.
• Under the act, public entities may establish certain single-sex spaces or environments without running afoul of anti-discrimination laws.
• The act becomes effective on Oct. 1.

About the Act

The act follows President Donald Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” declaring there are two sexes. The act applies throughout the Alabama Code where the law classifies individuals based on sex or as “male” or “female” and proclaims that men and women “are legally equal but not physically the same.” It aims to prevent “unjust sex discrimination” while “maintaining safety, privacy, and fairness for both sexes.”

These definitions apply for purposes of applying the act’s provisions:

• Boy. A human male who has not yet reached adulthood.
• Father. The male parent of a child or children.
• Female. When used in reference to a natural person, an individual who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produced ova.
• Girl. A human female who has not yet reached adulthood.
• Male. When used in reference to a natural person, an individual who has, had, will have, or would have, but for a development anomaly, genetic anomaly, or accident, the reproductive system that at some point produces sperm.
• Man. An adult human of the male sex.
• Mother. The female parent of a child or children.
• Person. Includes an individual, corporation, partnership, company, or other business entity.
• Sex. When the term is used to classify or describe a natural person, the state of being male or female as observed or clinically verified at birth.
• Woman. An adult human of the female sex.

The act allows public entities to establish single-sex spaces or environments “when biology, privacy, safety, or fairness” are at stake. The law explicitly provides that school districts, public schools, state agencies, and political subdivisions that “collect[] vital statistics related to sex as male or female for the purpose of complying with anti-discrimination laws” shall identify individuals as “either male or female.”

Implications

The act reflects an ongoing push to define sex and gender identity in the United States. The bill’s sponsor, Senator April Weaver (R-Ala.), said the law is a necessary measure “for clarity, certainty, and uniformity in the courts and in the laws of Alabama,” and Ivey called the act “common sense.” Detractors of the act say it does not protect women and is a restrictive approach relying on gender stereotypes that discriminate against transgender Alabamians. Nine states have similar laws, and several others are pushing to enact similar laws this year.

This act may change the way public employers are currently collecting and reporting data from employees, students, and others, and may implicate issues relating to bathrooms, locker rooms, and other typically sex-segregated spaces. The act affects any aspect of Alabama law where the law classifies individuals based on sex or as “male” or “female,” which could implicate state anti-discrimination laws and other employment laws for both public and private employers. 

The implications for private employers are less clear than those for public employers, but the act could affect any required reporting to public entities where individuals may be classified based on sex. As with any legislative change, the act may spark discussions about its implications, but it remains to be seen how this law will shape the legal and social landscape in Alabama.

Kimberly S. Davis and Morgan Pike Epperson are attorneys with Ogletree Deakins in Birmingham, Ala. © 2025 Ogletree Deakins. All rights reserved. Reposted with permission.