MONTGOMERY, Ala. — Katherine Bartle expressed that her upbringing in Alabama was marked by attempts to “fix” herself in order to live as a man, ultimately coming to the realization that this was unattainable. Bartle, a 24-year-old from Huntsville, conveyed to Alabama legislators during a recent debate that she unequivocally identifies as a woman. “I assure you that this is not a costume, nor is it by my own choice,” she stated, highlighting the contentious nature of the legislation they were discussing, which aims to classify her and other transgender women as men based on the sex assigned at birth.
The proposed legislation in Alabama, which received Senate approval, seeks to legally define male and female strictly by the reproductive organs present at birth. This type of legislation has already been enacted in at least nine other states. In response to the political climate, particularly following former President Donald Trump’s executive order asserting that there are only two sexes and invalidating the concept of gender transition, Alabama and various other Republican-led states are moving towards enacting similar laws this year. Nebraska state Senator Kathleen Kauth, who is advocating a similar bill, noted that Trump’s directive establishes a legal framework that enables states to enact their own legislation without fear of federal government backlash.
In Nebraska, GOP Governor Jim Pillen has issued an executive order to set definitions for male and female, endorsing Kauth’s bill, which also seeks to limit transgender individuals’ access to bathrooms and locker rooms. A public hearing was scheduled to occur soon. Additional GOP-led states are contemplating comparable legislative measures this year.
Trump’s actions have influenced policies related to federal documents, prisons, and funding, while state laws will shape local practices. For instance, after Kansas adopted its law earlier in 2023, the state ceased allowing transgender individuals to amend birth certificates and driver’s licenses to reflect their gender identities. Those who have already made changes may face reversion upon renewal.
In several states, initiatives looking to define male and female have gained momentum. Recent legislation passed in Wyoming, while similar proposals are under consideration in Arizona, Indiana, Missouri, and South Carolina, as various organizations monitor the rollback of transgender rights.
Senator April Weaver, who is backing an Alabama bill, stated that the legislation is based on fundamental beliefs that have long existed, asserting that individuals cannot change their assigned sex. While acknowledging that people can identify as they wish, she emphasized that the proposed law clarifies the biological definitions.
The Alabama Senate approved the bill with a 26-5 vote, with opposition from all five Democrats present. Senator Linda Coleman-Madison, a Democrat, remarked that while she doesn’t contest the definitions provided in the bill, she questioned its intentions. According to her, the legislation may reinforce societal biases against individuals rather than altering their self-perception. Coleman-Madison voiced concerns over potential violence stemming from the bill’s enactment, predicting detrimental impacts on people’s lives.
Governor Kay Ivey has signaled her readiness to endorse the bill if it passes through the House of Representatives. While similar measures had been introduced in past years, their popularity has surged recently, coinciding with the prevailing focus on defining gender and sex politically.
Kauth remarked that prior to the last few years, the public perception of male and female identities appeared largely settled. Republicans often characterize the acknowledgment of transgender identities as a leftist-driven agenda. Kauth stated, “The intensity of this ideology and the push through society has been pretty extreme, so we need to actually push back on it.”
In contrast, leading medical organizations, including the American Medical Association, argue that extensive studies support viewing sex and gender as a spectrum rather than as binary categories. Rigid definitions can exclude intersex individuals, who possess variations that don’t conform to conventional classifications of male or female.
The discourse around these bills often centers on the need to protect “women-only” spaces—such as restrooms and locker rooms—arguing to prevent transgender women from accessing those areas. Alabama’s Weaver claimed that the legislation would safeguard these spaces.
Trump has reinforced the notion of immutable sex through various executive orders affecting multiple facets of governance, including the treatment of transgender individuals in federal facilities, access to gender-affirming care, and participation in sports. Many of these policies are facing legal challenges on the grounds of discrimination and overextension of presidential powers.
Transgender individuals and advocates for LGBTQ rights have expressed that these bills represent a broader attempt to erase their existence while exploiting societal prejudice for political advantage. During a recent protest at the Alabama Capitol, several hundred individuals marched against such legislation. “I’m tired of running from the opposition. I’m not going any damn where. You deserve to be here. We deserve to be here,” said TC Caldwell, a speaker at the rally.
Bartle added that these legislative efforts aim to assert control over individuals’ identities, claiming they are not genuinely about the protection of women. Micah Saunders, a transgender man from Birmingham, urged lawmakers to consider the potential consequences if the bill is enacted, emphasizing that it could force him and others like him to use facilities that do not align with their identities, thus subjecting them to harassment.
“This bill will put Alabamians under the threat of violence and harassment. It solves no problems and creates new ones,” Saunders declared.
