Florida House Passes Bill Defining ‘Sex’ as ‘Immutable Biological Trait,’ Says Pronouns Must Match

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The Florida House last week passed a measure defining “sex” as an “immutable biological trait” and making it clear that any attempt to ascribe pronouns indicating the contrary is false.

HB 1069, filed in the state House on February, defines “sex” — a definition that the far-left transgender activists have continued to wage war over — as either male or female, basing this definition on the individual’s biological traits. That includes sex hormones, sex chromosomes, and reproductive organs.

That section of the legislation reads:

“Sex” means the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.

Further, the legislation addresses the ongoing controversies surrounding gender identity, shooting down any temptations to ascribe to false pronouns that do not correlate with an individual’s biological sex. More specifically, the measure makes it clear that every K-12 school must recognize sex as an “immutable biological trait,” emphasizing that it is “false to ascribe to a person a pronoun that does not correspond to such person’s sex.” However, that rule does not apply to those who have what is described as a “genetically or biochemically verifiable disorder of sex development.”

That section reads:

It shall be the policy of every public K-12 educational institution that is provided or authorized by the Constitution and laws of Florida that a person’s sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person’s sex.  This section does not apply to individuals born with a genetically or biochemically verifiable disorder of sex development, including, but not limited to, XX disorder of sex development; XY disorder of sex development; sex 98 chromosome disorder of sex development; XX or XY sex reversal; and ovotesticular disorder.

The measure passed by the House also states that no employee, contractor, or student of K-12 facilities will be required “as a condition of employment or enrollment or participation in any program” to use an individual’s “preferred pronouns” if those do not match the biological sex of said individual. Further, employees of these facilities cannot offer their “personal pronoun” title if it is in contrast with biological reality.

This bill also contains a section on classroom instruction on sexual orientation and gender identity, explaining that such discussions may not occur in prekindergarten through eighth grade with limited exceptions.

“If such instruction is provided in grades 9 through 12, the instruction must be age-appropriate or developmentally appropriate for students in accordance with state standards,” it reads.

Read the bill’s full text here.

The bill comes as the Florida Board of Education seeks to expand a portion of the Parental Rights in Education law — signed into law over one year ago — to bar inappropriate classroom discussions on gender identity and sexual orientation for children through grade 12 rather than third.

“For grades 4 through 12, instruction on sexual orientation or gender identity is prohibited unless such instruction is either expressly required by state academic standards as adopted in Rule 6A-1.09401, F.A.C., or is part of a reproductive health course or health lesson for which a student’s parent has the option to have his or her student not attend,” the rule’s summary reads.

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