Indiana Single Sex Facilities Bill (SB 35)

SB 35 would require student facilities in school buildings to be designated for use by female students or male students, and be used only by the students of the biological gender for which the facility is designated. This would apply to public schools, as well as charter schools.

The bill defines “biological gender” to mean the physical condition of being male or female, as determined by an individual’s chromosomes an identified at birth by the individual’s anatomy.

The bill defines “student facility” to mean a locker room, restroom, or shower room that is designated for student use and accessible by multiple students at the same time.

In addition, any school setting in which a student may be in a state of full or partial undress in the presence of other students, school personnel would be required to ensure that separate, private areas are provided for use by only female students and only male students based upon the students’ biological genders.

Single Sex Public Facility Trespass

SB 35 would also make it a Class A misdemeanor if: (1) a male knowingly or intentionally enters a single sex facility that is designated to be used only by females; or (2) a female knowingly or intentionally enters a single sex facility that is designated to be used only by males.

This provision defines “female” to mean an individual who was born female at birth or has at least one X chromosome and no Y chromosome.

This provision defines “male” to mean an individual who was born male at birth or has at least one X chromosome and at least one Y chromosome.

This provision defines “single sex facility” to mean a locker room, restroom or shower room that is in a place of public accommodation, accessible by many people at the same time, and designated for use by only males or only females.

This provision would not apply to a person less than 18 years of age, a student at a school, or a facility in a private residence.

Under this provision, a person may only enter a single sex public facility designated for the opposite gender:

• for custodial purposes;
• to render medical assistance; or
• to accompany a child less than 8 years of age.

STATUS

Similar to HB 1079.

 

 

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