‘Women’s Bill of Rights,’ Oklahoma House Passes Bill to Define a Person’s Gender Based on Biology

Republican state Rep. Toni Hasenbeck discusses her bill, HB 1449, also known as the 'Women's Bill of Rights' on March 23, 2023. (Courtesy Office of Rep. Toni Hasenbeck)

The Oklahoma House has passed a bill to define a person’s gender based on biological sex.

House Bill 1449, also known as the “Women’s Bill of Rights,” authored by State Rep. Toni Hasenbeck, was passed in a vote of 76-19 on Thursday. (pdf)

The bill would clarify under state law the definition of male or female, as indicated by a person’s biological sex at birth.

“There are legitimate reasons to distinguish between the sexes in places like on the sports field, prisons, locker rooms, restrooms, and domestic violence shelters,” Hasenbeck said in a statement.

In addition, the bill would forbid unfair sex discrimination while also recognizing the differences between men and women on issues relating to privacy, safety, and more.

“Women must have a space to engage in sports, education, and community together safely without constantly worrying about whether their safety and privacy will be protected,” Hasenbeck continued. “Misrepresenting what a woman is in legal issues jeopardizes those things. This declaration is just common-sense.”

Democrat Rep. Mauree Turner, who identifies as non-binary, argued that HB 1449 is a “grotesque misuse of public office,” according to KPVI News.

But Hasenbeck said it “provides clarity in our laws as it pertains to biological men and women for the purpose of government work.”

“The whole bill says that women do not wish to have their rights taken away so that the rights of others may be expanded,” she continued. “This has to do with all of the places where men and women are equal yet different.”

Democrat Rep. Mickey Dollens, who also voted against the bill, did not respond to a request for comment.

The bill will head to the Senate for consideration.

Similar Bills

Across the country, GOP lawmakers have worked to pass legislation solidifying the definitions of male or female.

Last month, Kansas passed a similar bill, SB 180, also dubbed the ‘Women’s Bill of Rights,” in a vote of 26-10. (pdf)

The bill defined the two sexes as male and female based on biological sex at birth. It would require schools, states, and political entities that collect vital statistics to identify individuals as either male or female.

SB 180 drew backlash from transgender activists.

“I think these bills try to make humanity simple, they want it to be black and white, but that’s not what human nature is,” said ACLU LGBTQ+ Legal Fellow D.C. Heigert, KSNT News reported. “That’s not what gender is; that’s not what sex is. I think a little bit of it is just hesitancy for change.”

The Kansas bill was referred to the House Health and Human Services Committee, where it was worked, but action on the bill was eventually suspended.

Earlier this month, Montana lawmakers passed SB 458, in a preliminary vote of 28-22, which would codify a definition of a person’s sex, male or female, according to the person’s reproductive system.

“In human beings, there are exactly two sexes, male and female, with two corresponding gametes,” the bill reads.

The bill, authored by Republican state Sen. Carl Grimm, is based on the biological differences in men and women as determined by chromosomes, internal and external genitalia, and other determining factors present at birth.

SB 458 has been referred to the House Judiciary Committee.

Transgender Athletes

Biological men competing in female sports has prompted some states and organizations to propose and pass such measures.

Last week, the Texas Senate Committee on State Affairs passed SB 15, also known as the Save Women’s Sports Act, to require collegiate athletes to compete based on the student’s biological sex at birth.

Former NCAA swimmer Riley Gaines was among several athletes who testified in favor of SB 15. Gaines stepped into the spotlight last year after she competed against a biological male at the NCAA Championship in March 2022.

The World Athletics Council also voted on Thursday to ban biological males from competing in elite female competitions and tightened testosterone restrictions for athletes.

The Council said it would exclude male-to-female athletes who have been through male puberty from female World Rankings competition, as reported by The Epoch Times. The new rule takes effect on March 31.

World Athletics President Sebastion Coe said the decision would be reviewed as more science around physical performance and male advantage develops.

“This is huge. This is monumental really,” Gaines said during an interview Thursday night on FOX News’s Ingraham Angle. “It is always hard to be the first ones to take a bold step against the woke fad. So, World Athletics doing this is a huge first step in the right direction.”