House committee holds hearing on bill codifying definition of man, woman

An Alabama House committee held a hearing Wednesday on a bill that would codify definitions of men and women by the presence or potential for reproductive organs.

HB 111, sponsored by Rep. Susan DuBose, R-Hoover, laying out terms for man and woman.  According to the language in the bill, a male is someone with “a reproductive system that at some point produces sperm.” A female is a person with “a reproductive system that at some point produces ova.”

The legislation also allows state and local agencies to create separate spaces assigned to either gender and require state agencies or political subdivisions who collect information to identify people based on their gender at birth.

“This is a definitional bill for our courts to have guidance when interpreting laws that already exist in Alabama,” DuBose said to members of the House Judiciary Committee on Wednesday. “Words have meaning, and my intent is to make sure we have uniform definitions, and our courts have clarity.”

A similar bill, sponsored by Sen. April Weaver, R-Brierfield, passed out of a Senate committee on Wednesday.

It also states that “sex” is “objective and fixed” and that those with differences in sexual development are not a third “sex.”

DuBose defended her proposal when introducing the legislation prior to the start of the public hearing.

“It does not limit or define gender identity, or prevent anyone from identifying however they wish,” she said.

The committee did not accept any amendments to the legislation or vote on the proposal. Rep. Jim Hill, R-Odenville, the chair of the committee, said they would take up the matter next week.

More than 100 people attended the meeting and 8 people were allowed to speak, four for each side supporting the issue.

“You, being a governmental body, have a constitutional and moral obligation to secure and protect those God given rights for both males and females, and at the same time, you have an opportunity to honor the creator who gave them those rights,” said Bishop Jim Lowe of Guiding Light Church.

Rep. Chris England, D-Tuscaloosa, publicly sparred with Lowe toward the end of the hearing.

“Your language, how you present, what you talk about, those things are discriminatory,” England told Lowe.

That touched off a discussion about how welcoming Lowe’s congregation is to people who may not have a binary designation.

“I am not narrow minded,” Lowe said. “I am merely saying, define the difference so that people can know there is a difference.”

England said the bill would affect the state’s reputation to others who are watching the issue play out in the public sphere.

“Alabama is not really open for everybody,” England said. “We seem to go out of our way, even if it means turning people into collateral damage, to send a message to take you, and whatever problems you have somewhere else.”

Criminal justice and social justice groups objected to the proposal.

“It is a bad bill,” said Katie Glenn, senior policy associate with the Southern Poverty Law Center. “It does not address any real issues that people in this state that we are dealing with right now, and it is yet another, in a long line of bills, aimed at further attacking and isolating the LGBTQ community.”

The legislation doesn’t carry any particular action except to define terms, but England and other social justice groups are concerned with the unintended consequences, especially along the lines of criminal justice.

England referred to the constitutionality of life bill that passed the legislature several years ago, whose supporters said the bill had no real consequences. “Now, IVF facilities are closing in Alabama.”

For England, one potential danger is how the legislation will affect people who are incarcerated, getting placed in an area along with people of a particular gender they do not identify with.

“Can you imagine what that would do?” England said.