HOUSE JOINT RESOLUTION E

June 14, 2023, Introduced by Reps. Carra, Fox, Smit, DeSana, Rigas, Schriver, Maddock, Jaime Greene and Friske and referred to the Committee on Government Operations.

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 29 to article I, to provide definitions for certain laws, rules, and regulations that relate to an individual's sex and to impose certain protections and requirements that relate to an individual's sex.

Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to provide definitions for certain laws, rules, and regulations that relate to an individual's sex and to impose certain protections and requirements that relate to an individual's sex, is proposed, agreed to, and submitted to the people of the state:

article I

Sec. 29. (1) Notwithstanding any provision of state law to the contrary, with respect to the application of an individual's biological sex under any state law, rule, or regulation, the following apply:

(a) "Sex" means the individual's biological sex, either male or female, at birth.

(b) "Female" means an individual whose biological reproductive system is developed to produce ova.

(c) "Male" means an individual whose biological reproductive system is developed to fertilize the ova of a female.

(d) "Woman" and "girl" mean human females.

(e) "Man" and "boy" mean human males.

(f) "Mother" means a parent of the female sex.

(g) "Father" means a parent of the male sex.

(h) With respect to biological sex, "equal" does not mean the same or identical, and separate accommodations are not inherently unequal.

(2) An individual born with a medically verifiable diagnosis of disorder or difference in sex development must be provided legal protections and accommodations afforded under the Americans with disabilities act of 1990, 42 USC 12101 to 12213, and any similar state laws.

(3) 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 individuals but allows the law to distinguish between the sexes if the distinctions are substantially related to important governmental objectives. Notwithstanding any provision of state law to the contrary, 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 biology, safety, or privacy are implicated and result in separate accommodations are substantially related to the important governmental objectives of protecting the health, safety, and privacy of individuals in those circumstances.

(4) Any school district, or public school in that school district, and any agency, department, office, or political subdivision of this state that collects vital statistics for the purpose of complying with antidiscrimination laws or for the purpose of gathering accurate public health, crime, economic, or other data shall identify each individual who is part of the collected dataset as either male or female at birth.

Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.