MONTGOMERY, Ala. — Alabama lawmakers have approved legislation defining “male” and “female” in state law based on biological sex at birth, a measure critics argue is unnecessary, legally dubious, and designed more to make a political statement than to address any real issue.
The bill, informally referred to as the “What Is a Woman?” Act, passed the state Senate and is expected to be signed into law by Republican Gov. Kay Ivey. It follows similar laws in states like Tennessee and Kansas, which have sought to codify traditional definitions of gender in response to the growing legal recognition of transgender rights.
Supporters argue the bill is needed to clarify the meaning of gender in state law, particularly for issues related to women’s sports and single-sex spaces such as bathrooms and locker rooms. But opponents say the law serves no practical purpose, as courts and existing legal frameworks already address these issues. They also argue that the measure targets transgender people for political gain rather than addressing any pressing public concern.
Alabama has long faced criticism for its track record on civil rights, and the bill’s passage adds to the state’s reputation for enacting socially conservative laws that draw national scrutiny. However, this legislation is not unique to Alabama, reflecting a broader push in Republican-led states to establish legal definitions of gender.
Legal experts suggest the law is largely symbolic and could face legal challenges, as courts have struck down similar measures in the past. Opponents argue that rather than focusing on pressing issues like education, healthcare, or economic development, lawmakers have prioritized legislation that singles out a marginalized group without clear justification.
Alabama has already enacted laws restricting gender-affirming care for minors and limiting bathroom access for transgender students, policies that have been met with legal battles and criticism from civil rights organizations. The latest bill is likely to add to that pattern, potentially leading to further litigation and uncertainty over its enforceability.
With the bill’s passage, Alabama joins a growing number of states pushing measures that seek to define gender in strict biological terms