top of page
Search

States Amend Definitions of Sex: Ohio, North Carolina, and More - HR ALERTS

States Amend Definitions of Sex: Ohio, North Carolina, and More

ree
Effective: Various

Ohio:

Effective September 29, 2025,

Ohio will amend the definition of sex under state law to refer to the biological indication of male and female, without regard to an individual’s psychological, chosen, or subjective experience of gender. The law also:


  • Provides new definitions for gender identity, male, man, female, woman, and related terms.

  • States a policy of recognizing two sexes, male and female, that are not considered changeable.



North Carolina

Effective January 1, 2026,

North Carolina will recognize only two sexes, male and female, and declare that gender identity will not be treated as legally or biologically equivalent to sex under state law. The law will also provide new definitions of biological sex, gender identity, female, male, and related terms.


Reference: NC HB 805 


Other States Enacting Similar Laws in 2025

Several other states have enacted or are moving forward with similar legislation in 2025, defining sex strictly as biological male or female:

  • Wyoming: March 5, 2025, defines male and female based on biological reproductive systems.

  • West Virginia: June 16, 2025, similarly, defines male and female based on reproductive systems.

  • Texas: Enacts a law defining sex based on biological reproductive systems, effective May 28, 2025.

  • Georgia: Effective July 1, 2025, defines male and female for athletic participation and facility use based on biological sex.

  • Alabama: Defines sex as male or female based on clinical verification at birth, effective immediately.

  • Iowa: July 1, 2025, removes "gender identity" as a protected class and defines sex based on biological characteristics.

 

States with Similar Gender Identity Legislation Enacted in 2024 or Earlier

  • Utah: Enacted in 2024, Utah passed a law defining sex as biologically male or female, limiting the legal recognition of gender identity.

  • Arkansas: In 2024, Arkansas passed legislation restricting the recognition of gender identity for specific legal purposes, such as in schools and on official documents.

  • Idaho: Passed in 2023, Idaho’s law defines sex as male or female based on biological sex, and limits the recognition of gender identity in public school sports.

  • South Dakota: 2023, South Dakota amended its laws to define sex biologically, limiting the use of gender identity in certain public services and education settings.

  • Mississippi: 2023, Mississippi amended its laws to recognize only biological male and female for official documents and in state-run programs.


These updates reflect a broader trend across multiple states to clarify the legal definition of sex and gender identity. However, it's important to note that there are also states that have enacted laws supporting gender identity recognition and non-discrimination protections. Employers should stay informed of these changes and how they may impact policies and practices in their states.

Get day-to-day updates on States Amend Definitions of Sex: Ohio, North Carolina, and More visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).

bottom of page