Senate Government Committee backs bill defining ‘male’ and ‘female’ along biological lines, 4-3

At a Feb. 1, 2025, meeting of the Arizona Senate Committee on Government, members voted 4-3 to give House Bill 2062 a due-pass recommendation. The bill would codify biological definitions of sex-based terms, direct public entities to collect sex-designated data as male or female at birth, and clarify that single-sex facilities may be reserved when sexes are “not similarly situated.”

Supporters said the measure is a housekeeping step to preserve the original public meaning of words in state law and to protect single-sex spaces. Representative Lisa Fink, the bill sponsor, told the committee, “everyday Americans know that a woman is an adult human female,” and said the Arizona Sex-Based Terms Act “clarifies the definitions of words already used in state law” and preserves the legislature’s authority to decide where single-sex spaces are appropriate.

Opponents, including a long list of individual testifiers and advocacy organizations, said the bill would exclude and criminalize people who are transgender, intersex or nonbinary and could weaken existing protections. Erica Kepler, who testified in opposition, said, “This bill tries to erase transgender people, a harmless minority simply trying to live our own lives.” Ruth Carter, who identified herself as nonbinary and said she holds a state-issued nonbinary birth certificate and driver’s license, warned that the measure “discriminates against people like me.”

Planned Parenthood of Arizona and the ACLU of Arizona raised legal concerns. Jeanie Woodbury summarized a review of statutes and said strict definitions in HB 2062 could change how certain criminal statutes and nondiscrimination protections apply, particularly noting possible impacts on statutes that treat sex-based crimes and pregnancy-related protections.

Testimony also centered on safety and privacy in schools, athletics and shelters. Christine Nelson, a retired teacher and swim coach testifying in support, described competitive-eligibility concerns and urged passage to protect women’s sports and single-sex facilities. Other speakers, including medical and research professionals, emphasized research showing elevated risks of violence against transgender people and said forcing people to use facilities that do not match their gender identity can increase harassment and harm.

The committee record shows several members explained their votes. Senator Bravo explained his no vote, saying the bill “jeopardizes the safety of people who are trans, intersex, and nonbinary” and that the measure “codifies a narrow and outdated definition of sex and gender into our laws.” The roll call produced a 4-3 split in favor of a due-pass recommendation.

The committee’s recommendation sends HB 2062 to the next step in the legislative process. Sponsors described it as clarifying existing law rather than creating new mandates; opponents, including civil-rights groups and many individual testifiers, said the language would have immediate legal and practical effects on identification, nondiscrimination protections and access to services.