NC legislature advances bill to recognize only 2 sexes

The North Carolina General Assembly has advanced House Bill 805, a mulit-faceted piece of legislation aimed at affirming biological definitions of sex, curbing the sexual exploitation of women and minors online, expanding parental rights in education, and restricting the use of state funds for sex-transition procedures.  

The proposed legislation comes in response to President Trump’s Executive Order 14168, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This affirms that the United States recognizes only two sexes — male and female.

“Efforts to eradicate the biological reality of sex fundamentally attack women by depriving them of their dignity, safety, and well-being,” the order reads. “Accordingly, my Administration will defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.” 

Sen. Warren Daniel, R-Burke, introduced the legislation to the Senate Rules and Operations Committee on Thursday. Daniel spelled out the provisions of the bill, including the creation of a new statute that defines biological sex. The bill defines biological sex as: 

“The biological indication of male and female in the context of reproductive potential or capacity… without regard to an individual’s psychological, chosen, or subjective experience of gender.” 

Sen. Julie Mayfield, D-Buncombe, expressed her disdain for the bill, arguing that sex changes and acceptance of transgender people are common in modern culture. 

“The continued obsession about gender is a very much ‘head in the sand’ perspective,” she said. “The world is changing, people are changing, and you can either get on that boat or be left behind.” 

An ongoing push to protect children from sex changes

North Carolina lawmakers have made other efforts to prevent children from experiencing the potential harms of sex changes. In a partisan-split vote, Senate Bill 442 passed the NC Senate in May and passed out of the House Health committee on June 17. That measure protects parents who raise their children in accordance with the child’s biological sex.

protecting women and minors from online sexual exploitation

In addition to defining sex, HB 805 creates new obligations for online platforms that publish pornographic material. Under the proposed rules, platforms must verify that all performers are at least 18 years old and have explicitly consented to the sexual acts depicted and to the distribution of the images. Consent must be documented separately for both acts.

Operators who fail to remove non-consensual content within 72 hours of a request could face civil penalties of up to $10,000 per image, per day. Performers also gain the right to withdraw consent at any time, triggering mandatory removal of their images.

barring use of state funds for sex-transition procedures

The bill goes further. Beginning July 1, 2025, it prohibits the use of state funds for sex-transition procedures for minors and incarcerated individuals.

Mayfield referred to this section of the bill, asking what exactly encompasses gender-affirming care.

“For someone who’s transitioned and continues to take medication to support that transition, if they showed up in jail or prison with high blood pressure and they need blood pressure medication, would that be considered gender-affirming care?” she asked Daniel.

Daniel deferred to staff to answer this question.

“The language states that funds can’t be used directly or indirectly for the performance of or furtherance of surgical gender-transition procedures, including providing puberty blocking drugs,” said Robert Ryan of the Legislative Analysis Division.

“However, then it has the carve out saying that this doesn’t apply to funds being used directly or indirectly to address medical complications resulting in imminent physical harm,” he added.

Allowing parents further access to books in school libraries

In the education sphere, the legislation allows parents to excuse their children from certain classroom discussions or materials that conflict with their religious beliefs. Additionally, it grants parents greater access to school library catalogs and permits them to restrict their child’s borrowing of specific titles.

Sen. Joyce Waddell, D-Mecklenburg, raised concerns over the position this section of the bill may put librarians in.

“This requires additional staff to do a lot of what you’re asking,” she said. “You’re asking for a website, and what I’ve seen in many of the schools is that they have eliminated many of the library positions.”

Daniel contended that the need for searchable books in school libraries is imminent.

“If a school doesn’t have their library books searchable by their students, they’re doing them a disservice,” he said. “It’s 2025; if a student has to go to the library and pick a card out of a card catalog to get a book, that library is stuck in the 20th century.”

Finally, the bill requires that amended birth certificates reflecting sex changes be attached to original certificates and issued as multi-page documents.

The bill passed out of committee and is heading to the Senate floor next week for a vote.

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