Biological Definitions Now in State Law
House Bill 229, now headed to Gov. Greg Abbott, defines “man” and “woman” strictly by biological reproductive systems. The law will apply this binary definition across state records, though it does not include civil or criminal penalties.
If signed, Texas will become the 14th state to adopt such a law. Supporters argue it protects women’s rights and clarifies existing state code. Critics say it erases transgender and intersex people from legal recognition.
How the Law Defines Sex
Under HB 229, a “female” is someone with a system developed to produce ova; a “male,” someone with a system to fertilize them. An added amendment specifies intersex people are not a third sex but must be accommodated under existing laws.
The bill emphasizes “immutable biological differences,” citing physical strength and reproductive roles as reasons to maintain single-sex spaces such as bathrooms and shelters.
A Step Back for Trans Texans?
More than 120,000 Texans identify as transgender. Many have legal documentation that aligns with their gender identity. Legal experts warn the law could create daily difficulties — especially as Abbott and Attorney General Ken Paxton have already directed agencies to stop recognizing court-ordered gender changes on documents.
“This could force people to out themselves in everyday interactions,” said attorney Shelly Skeen of Lambda Legal.
Impact on Intersex and Non-Reproductive Individuals
Critics, including Rep. Jessica González, warn the law ignores the complexity of human biology. Questions remain about how the law applies to intersex individuals and women who cannot reproduce.
“We should not reduce human identity to reproductive capacity,” González said on the House floor.
Potential Legal and Federal Fallout
Other states with similar laws have faced legal challenges. Montana’s law was struck down, and Kansas faces lawsuits. Experts say HB 229 may provoke similar constitutional debates around privacy and equal protection.
The ACLU of Texas is watching closely. “We don’t yet know how far the state will go in enforcing this law,” said Sarah Corning. “But if it goes too far, they’ll hear from us.”
Uncertain Future
While supporters celebrate the bill as a win for women’s rights, many in the trans and intersex communities see it as an attack on their identity. As state agencies begin applying the law, its full impact remains to be seen.
Keep up with the Texas Legislature with us on Que Onda Magazine.