Indiana Bill Would Erase Trans Existence, Same-Sex Marriages
A proposed bill in Indiana would write transgender identity out of the law and strengthen the state's existing gay marriage ban.
A proposed bill in Indiana would effectively erase transgender people’s existence from state law and deny recognition to married same-sex spouses.
House Bill 1291, sponsored by State Rep. Chris Judy (R-Aboite Township), would replace the term “gender” with “biological sex” in a host of state statutes.
Under the revised language, only a person’s “biological sex,” as determined by their assigned sex at birth, would be legally recognized.
The law specifically defines gender-specific terms, including “male,” “female,” “mother,” “father,” “boy,” “girl,” “man,” and “woman” as based on assigned sex at birth.
All male terms would be designated for people whose reproductive anatomy is designed to produce sperm, and all female terms would be designated for people whose reproductive anatomy is designed to produce ova.
The law would forbid transgender individuals from obtaining driver’s licenses or state identification cards reflecting their gender identity.
The law requires data collection, including a person’s “biological sex,” as defined by the law, in various instances, such as when individuals apply for assistance benefits or state services, reports South Bend-based NBC affiliate WNDU.
A person’s biological sex will also determine college housing assignments and housing assignments for incarcerated individuals.
Additionally, only a person’s biological sex will be recognized when collecting health-related data.
The proposed law would strengthen existing prohibitions on same-sex marriage by prohibiting people of the same biological sex from marrying, “even if the marriage is lawful in the place where it was solemnized.” (Meanwhile, it allows females as young as 13 to marry.)
It is unclear whether the state can refuse to recognize same-sex marriages. According to the Respect for Marriage Act, which was signed into law by President Joe Biden in 2022, if Obergefell v. Hodges is ever overturned, as Justice Clarence Thomas has suggested it should be, individual states have the right to enforce existing bans on same-sex marriage already on the books. Still, they must recognize the legal status of marriages legally performed elsewhere.
Judy’s bill has been temporarily referred to the judiciary committee until it is revived, if at all, during the upcoming legislative session.
The bill mirrors nearly identical legislation that has passed in Nebraska and Oklahoma that purports to “protect” women’s rights by eliminating all recognition of a person’s gender identity from the law.
A similar law has been introduced in Florida, and is expected to be pushed through by Republican lawmakers later this session. Under that bill, transgender people must sign an affidavit effectively renouncing their gender identity to obtain a driver’s license or state ID card, which is required for a host of everyday activities.
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