(The Center Square) – The Texas House has passed two bills related to gender and biological sex.
One, the Women’s Bill of Rights, codifies sex-based terms. The other requires insurance companies to provide coverage for those experiencing adverse effects from gender transition surgeries. Both passed along party lines with strong Democrat opposition.
State Rep. Ellen Troxclair, R-Lakeway, filed HB 229, the Women’s Bill of Rights, which “defines what a woman is, recognizing biological reality,” she said. With its passage, “Texas is protecting safety, privacy, & rights of women & girls across our state.”
The bill is expected to pass the Texas Senate and be signed into law by Gov. Greg Abbott.
It amends state government code to define the following terms:
- “boy” means a child of the male sex;
- “father” means a parent of the male sex;
- “female” and “woman” mean an individual whose biological reproductive system is developed to produce ova;
- “girl” means a child of the female sex;
- “male” and “man” mean an individual whose biological reproductive system is developed to fertilize the ova of a female;
- “mother” means a parent of the female sex; and
- “sex” means an individual’s biological sex, either male or female.
The bill establishes that males and females “possess unique immutable biological differences that manifest prior to birth and increase as individuals age and experience puberty; biological differences between the sexes mean that only females are able to get pregnant, give birth, and breastfeed children and that males are, on average, bigger, stronger, and faster than females; biological differences between the sexes leave females more physically vulnerable than males to specific forms of violence, including sexual violence; females have historically suffered discrimination in education, athletics, and employment; biological differences between the sexes are enduring and may, in some circumstances, warrant the creation of separate social, educational, athletic, or other spaces in order to ensure individuals’ safety and allow members of each sex to succeed and thrive.”
The bill analysis points out that “inconsistencies in court rulings and policy initiatives” about sex-based definitions have led to “endangerment of single-sex spaces and resources, necessitating clarification of certain terms.” It also clarifies that when defining biological sex, “‘equal’ does not mean ‘same’ or ‘identical’ and separate is not inherently unequal.” It also cites legitimate reasons to distinguish between two biological sexes including athletics, prisons and correctional facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, among others.
When discussing the need to pass it on the House floor, Troxclair said, “For generations, our laws have recognized that women are distinct from men. This distinction is not just scientific. It’s legal, practical, and critical to protecting the rights, safety, and opportunities of women and girls across the state.
“We’re a state that believes in truth, and we’re a state that honors the hard-won achievements of women … but if we can no longer define what a woman is, we cannot defend what women have won. We cannot protect what we cannot define.”
The 58 Democrats who voted against defining what a woman is were: Allen; Anchía; Bernal; Bhojani; Bowers; Bryant; Bucy; Campos; Canales; Cole; Collier; Cortez; Davis, A.; Davis, Y.; Dutton; Gámez; Garcia Hernandez; Garcia, J.; Garcia, L.; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Johnson; Jones, J.; Jones, V.; Lalani; Longoria; Lopez, R.; Manuel; Martinez Fischer; Meza; Moody; Morales Shaw; Morales, C.; Morales, E.; Muñoz; Ordaz; Perez, M.; Perez, V.; Plesa; Raymond; Reynolds; Rodríguez Ramos; Romero; Rose; Rosenthal; Talarico; Thompson; Turner; Vo; Walle; Ward Johnson; Wu; Zwiener.
The second bill that passed the House along party lines was SB 1257, filed by state Sen. Bryan Hughes, R-Mineola, after passing the Texas Senate last month.
It requires health insurance companies to provide coverage for individuals dealing with adverse effects from gender transition procedures or who decide to “detransition.” State Rep. Jeff Leach, R-Plano, filed companion legislation, HB 778.
The bill is a “necessary and urgent legislative measure that seeks to ensure equitable healthcare coverage for individuals who have undergone gender transition procedures,” the bill analysis explains. Currently, health benefit plans in Texas provide extensive coverage for gender transition treatments, including surgeries, hormone therapies, and other medical interventions, but don’t provide coverage for adverse effects, medical complications, function recovery and reconstruction procedures resulting from the treatments. The bill fixes “a critical gap” by mandating that health insurance plans that provide transition-related coverage includes coverage for “follow-up care, adverse effect management, and potential reconstruction treatments.”
A “growing number of individuals who experience complications or regret their transition, … require extensive medical care to manage or reverse the effects of previous treatments” but are frequently denied insurance coverage, the analysis explains. As a result, they face “insurmountable out-of-pocket expenses, … significant health risks, including hormone imbalances, surgical complications, and psychological distress.”
The bill heads to the governor for his signature.
