Alabama Senate committee amends bill defining sex-based terms

Rep. Susan DuBose, R-Hoover, speaks to a colleague on the floor of the Alabama House of Representatives on April 18, 2024 at the Alabama Statehouse in Montgomery, Alabama. (Brian Lyman/Alabama Reflector)

An expanded version of a bill defining sex terms passed out of a Senate committee Tuesday.

HB111, sponsored by Rep. Susan DuBose, R-Hoover, defines “female” as “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 produces ova” and “male” as “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 produces sperm.”

“Words have meaning and my intent is to make sure we have uniform definitions in our court,” she said.

The bill passed the Senate County and Municipal Government Committee 5-3, on party lines. The Alabama House of Representatives approved the bill on April 12. 

The committee added an amendment to the bill that says that overnight programs operated or sponsored by a “state department, agency, board, or commission” where minors share multiple occupancy bathrooms, changing facilities or sleeping quarters must prevent people of opposite genders from sharing those spaces.

The bill was offered in committee by Sen. Keith Kelley, R-Anniston. House Majority Leader Scott Stadthagen, R-Hartselle, had attempted to add the amendment during debate on the floor but ultimately withdrew it after questioning, saying that it had been “brought to my attention” that the provision could cause issues with state universities. 

“These are talking about camps for minors where attendees share multi-occupancy bathrooms,” said DuBose in committee. “You’re not going to have opposite sex in those rooms.” 

Democrats on the committee asked clarifying questions on the amendment. Sen. Jay Hovey, R-Auburn, said he felt the amendment changed the spirit of the bill and voted against it. He also said the amendment was vague in what it applied to.

“All of our state schools have various programs and attended and occupied by these minors,” he said.

The amendment passed 5-3.

After the bill was approved, Sen. Kirk Hatcher, D-Montgomery, read a message from Susan Stewart from Huntsville. Stewart wrote that, as a cisgender or non-transgender woman, she was not sure what the bill was trying to fix. Stewart wrote that she could not find “basically any” cases in the country where cisgender women were harassed by transgender women in bathrooms or locker rooms, but could find many cases where non-transgender men attacked women in bathrooms.

“So who is going to be safer?” she wrote. “And privacy? How will we regulate these spaces? How will I prove I was born female? Who’s going to check? What papers will I have to carry?”

Stewart wrote that similar bills were challenged by courts in other states and asked how much it would cost taxpayers to defend the bill.

“How much time and money is the state of Alabama willing to spend on a bill that accomplishes nothing but to make life harder for people?” she wrote.

Handwriting on the typed statement said that multiple requests were made for a public hearing on the bill before the meeting was scheduled.

The bill moves to the full Senate. It needs one legislative day to pass; there are six legislative days left in the session.

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