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...

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