§ 8-1-110 — References to males and females; separate accommodations for males and females; data reporting requirements

Wyoming § 8-1-110

• Jurisdiction: Wyoming
• Title 08: General Provisions
• Ch. 1: COMMON LAW, STATUTES AND RULES OF CONSTRUCTION

Text

(a) Notwithstanding any other provision of law, with
respect to the application of a person's biological sex under
any law or rule and regulation in this state, the following
definitions and standards shall apply:
(i) A person's "sex" means the person's biological
sex, either male or female, at birth;
(ii) "Female" means a person who has, had, will have
or would have had, but for a congenital anomaly or intentional
or unintentional disruption, the reproductive system that at
some point produces, transports and utilizes eggs for
fertilization;
(iii) "Male" means a person who has, had, will have
or would have had, but for a congenital anomaly or intentional
or unintentional disruption, the reproductive system that at
some point produces, transports and utilizes sperm for
fertilization;
(iv) The terms "woman" and "girl" refer to human
females, and the terms "man" and "boy" refer to human males;
(v) "Mother" means a parent of the female sex;
(vi) "Father" means a parent of the male sex;
(vii) With respect to biological sex, the term
"equal" does not mean "same" or "identical";
(viii) With respect to biological sex, separate
accommodations are not inherently unequal; and
(ix) A person born with a medically recognized
condition of a disorder or difference in sex development shall
not be denied legal protections and accommodations afforded
under applicable law.
(b) The legislature finds that laws, rules and regulations
that distinguish between the sexes are subject to intermediate
constitutional scrutiny. Intermediate constitutional scrutiny
forbids unfair discrimination against similarly situated male
and female persons but allows the law to distinguish between the
sexes where such distinctions are substantially related to
important governmental objectives.
(c) Notwithstanding any provision of law to the contrary,
laws, rules and regulations that recognize or enforce
distinctions between the sexes with respect to athletics,
prisons or other detention facilities, domestic violence
shelters, rape crisis centers, locker rooms, restrooms and other
areas where safety or privacy are implicated and that result in
separate accommodations between the sexes are substantially
related to the important governmental objectives of protecting
the health, safety and privacy of persons in such circumstances.
(d) Any school district, or public school thereof, and any
state agency, department, office or other political subdivision
that collects vital statistics for the purpose of complying with
anti-discrimination laws or for the purpose of gathering
accurate public health, crime, economic or other data shall,
when identification by sex is used, identify each person who is
part of the collected data set as either male or female
consistent with the person's sex at birth.