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The Republican supermajority in the Alabama House of Representatives bulldozed a piece of legislation through Wednesday morning that would exclude transgender women from the definition of “woman” under state law.
SB79, sponsored by Sen. April Weaver, R-Alabaster, establishes the definition of numerous “sex-based” terms such as “male,” “female,” “man,” “woman,” “boy,” “girl,” and so on. The legislation hinges on the definitions of male and female in particular.
The bill, which is now just a signature from Gov. Kay Ivey away from becoming law, defines a female as “a natural person … who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produces ova.”
It defines a male as “a natural person …l who has, had, will have, or would have, but for a developmental anomaly, genetic anomaly, or accident, the reproductive system that at some point produces sperm.”
Every Republican member of the House voted in favor of the bill, joined by just one Democrat, Rep. Patrick Sellers of Birmingham.
A dozen Democrats voted against the bill, but few had the opportunity to speak out against it on the floor as the House Rules Committee introduced a rare special order calendar limiting debate on the bill to just 10 minutes. While several members noted previous use of the procedure, they balked at it being used so early in the session and on a controversial bill. Many controversial bills in past sessions have been given two hours of debate.
House Rules Chairman Joe Lovvorn, R-Auburn, assured critical colleagues that the decision to implement the 10-minute rule came simply as a matter of efficiency with the House scheduled for a busy committee day to follow. But the House does not have to gavel in on committee days, and SB79 is the sole bill that the body passed before adjourning for the day.
Lovvorn’s described his rationale on having SB79 on the 10-minute calendar by citing the breadth of previous debates on very similar bills over the past few legislative sessions.
Birmingham Democratic State Rep. Neil Rafferty, Alabama’s only openly gay state lawmaker, introduced an amendment with language explicitly preventing the state from permitting or authorizing “compulsory genital inspections” or the use of a surveillance camera or monitoring device in or immediately outside of single-sex space. Rep Susan Dubose, R-Hoover, who carried the bill in the House, said she did not support the amendment and asked the House to table it, with the Republican majority blocking the amendment.
Although 12 Democrats opposed the bill and only one voted in favor, the majority of Democrats either abstained, passed or were not present. Nine members voted to abstain and seven others either did not vote or were not present.
“This legislation is a direct attack on the rights of transgender people, and it is an affront to the core values of equality, freedom, and human dignity,” said Shanté Wolfe, co-chair of Alabama Equality. “By questioning the validity of transgender identities, this law sends a dangerous message to the LGBTQ+ community and the people of Alabama that their lives, experiences, and identities do not deserve respect or recognition. As this harmful legislation passes, Alabama remains behind in providing quality education and meaningful economic opportunities for all its citizens. Instead of advancing our state’s growth, Alabama’s lawmakers have chosen to waste time on divisive legislation that will further isolate and harm its most vulnerable residents.”
“We are saddened that after multiple years fighting variations of this bill, Senate Bill 79, the so-called ‘What is a Woman Act,’ or, as we know it, the Trans Erasure Act, is headed to Gov. Ivey’s desk. SB79 is not consistent with Alabama values, and will unfortunately lead to unnecessary hurt, pain, and suffering, especially among Alabama’s youth,” said A’Niya Robinson, director of policy and organizing for the ACLU of Alabama. “It is impossible to erase who someone is and it is anything but common sense to pretend that they do not exist…While proponents claim the bill advances women’s safety, we disagree. If allowing politicians to define women by their biology was the key to a woman’s safety and freedom, women would already be safe and free. These efforts to redefine sex and prevent transgender and intersex people from living as the gender they know themselves to be are connected to a larger strategy to push transgender and intersex people out of public and civic life. The existence of transgender people is not new—but there is a new and outsized focus on the lives of trans people that is meant to spread fear and anxiety. We will continue to fight and show up for Alabamians targeted for being themselves.”
