‘What Is a Woman?’: New Laws In Oklahoma and Louisiana Answer The Question That Stumped KBJ

Oklahoma and Louisiana enacted legislation to protect women’s sports and spaces from men who identify as women. The laws allow sex segregation without running afoul of state anti-discrimination laws when separation of the sexes is “related to . . . biology, privacy, safety, or fairness” concerns and mandate single-sex restrooms and changing facilities in schools, among other places.

The bills, signed into law on March 31 and June 3, define by law what “man” and “woman” mean.

The Oklahoma law, titled the “Women’s Bill of Rights,” aims “to bring clarity, certainty, and uniformity under the laws of this state with respect to natural persons of both biological sexes and the manner in which they are treated as such under the laws of this state.”

The law defines “woman” and “girl” as “a . . . person who is female.” In turn, a “female” is

[A]n individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

The law allows “establishing distinctions between sexes when such distinctions are substantially related to an important government objective, including, but not limited to, biology, privacy, safety, or fairness.”

The law also amends Oklahoma law to provide that equal treatment based on sex “shall not be construed to mean same or identical, and [that] to differentiate between the sexes shall not necessarily be construed to be treating the sexes unequally.”

The Louisiana law, titled the “Women’s Safety and Protection Act,” aims “[t]o provide protections for women and girls against sexual assault, harassment, and violence in” places “where women have been traditionally afforded safety and protection from acts of abuse committed by biological men.”

The law defines “woman” as “a human female who has reached the age of majority” and “girl” as “a human female who is a minor.” In turn, a “female” is

[A]n individual whose biological reproductive system is developed to produce ova; who has, had, will have or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.

Locations where the law protects women from intrusion by men who identify as women include changing rooms, “correctional facilities, juvenile detention facilities, domestic violence shelters, dormitories, and restrooms.”

The law bars governmental agencies from “prohibit[ing] distinctions between the sexes with respect to athletics” or covered locations and requires sex segregation in domestic violence shelters with an exception for members of the same family.

Public schools must “designate each multi-occupancy restroom or changing room for the exclusive use of either females, males, or members of the same family.”

The law mandates that “[n]o individual shall enter a [public school] restroom or changing room that is designated for one sex unless he or she is a member of that sex.”

The law includes exemptions for custodial services and maintenance, medical assistance, law enforcement, and rendering aid during an emergency.

The Oklahoma law:

The Louisiana law:

Tags: Ketanji Brown Jackson, Louisiana, Oklahoma, Science, Social Justice, Transgender

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