§ 9:57 — Legislative findings

§57. Legislative findings
The legislature finds and declares that:
(1) "Physical differences between men and women, however, are enduring: '[T]he
two sexes are not fungible; a community made up exclusively of one [sex] is different from
a community composed of both.'" United States v. Virginia, et al., 518 U.S. 515, 533 (1996),
citing Ballard v. United States, 329 U.S. 187, 193 (1946).
(2) The United States Supreme Court has recognized that there are "'[i]nherent
differences' between men and women", and that these differences "remain cause for
celebration, but not for denigration of the members of either sex or for artificial constraints
on an individual's opportunity" in United States v. Virginia, et al., 518 U.S. 515, 533 (1996).
(3) The equal protection clause of the Fourteenth Amendment of the Constitution of
the United States of America allows for legislatures to enact facially neutral laws of general
applicability, such as biologically based definitions of sex.
(4) Biologically based definitions of sex have been consistently applied since our
nation's founding.
(5) Decades of opinions from the Supreme Court of the United States have upheld
the argument that biological distinctions between male and female are a matter of scientific
fact, and biological sex is an objectively defined category that has obvious, immutable, and
distinguishable characteristics.

Legislative History

Acts 2024, No. 436, §1.