Indiana Republicans want to re-write the law to eliminate the word “gender”

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Indiana Republicans want to re-write the law to eliminate the word “gender”

Erasure of Trans Identity in Law

This proposed legislation seeks to fundamentally alter the recognition of trans identities by prohibiting the amendment of gender markers on official documents, effectively denying the acknowledgment of their authentic lived experiences.

The bill also says, “Only a female may marry a male. Only a male may marry a female.”

H.B. 1291 would remove the word “gender” from state laws and replace it with the expression “biological sex,” including in anti-discrimination laws. The bill also redefines the terms “male” and “female” to be based on whether someone can produce sperm or ova and redefines other gendered terms based on body parts.

Conservative Perspective on Intersex Classification

It articulates a viewpoint wherein intersex individuals are deemed either male or female, save for instances of medically recognized genetic sex development anomalies. This perspective aligns with a prevalent conservative belief asserting the straightforward binary classification of intersex people.

Restrictive Marriage Definitions

The bill distinctly states, “Only a female may marry a male. Only a male may marry a female,” and outlines necessary alterations to existing laws to incorporate these new, exclusionary definitions. It declares marriages between same-sex partners as null and void within Indiana, notwithstanding their legality in the place of solemnization.

“Indiana has filed a bill to end ALL recognition of transgender people,” journalist Erin Reed posted on X. “It is one of several states to do so, perfectly mirroring Russia’s 2020 law and Hungary’s 2023.”

Implications on Marriage Equality

Although this aspect of the bill would not be immediately actionable, owing to the Supreme Court’s 2015 decision mandating the recognition of same-sex marriages across all states, its potential enactment hinges on a future overturning of the Obergefell ruling. This inclusion not only reflects a persistent Republican aspiration to dismantle marriage equality in the United States but also continues to feature prominently in the national Republican Party’s agenda.

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