The North Dakota House of Representatives has introduced a bill that would strictly prohibit expanded use of pronouns outside of the gender that the person was assigned at birth.
House Bill 2199 restricts the definition of gender to the “individual’s determined sex at birth” and then requires that all pronoun use be reflective of that same gender. Any violation by anyone who works at an institution that receives state funding, including public schools would be subject to a $1,500 fine.
If gender is challenged, the bill puts the responsibility on the individual to prove their gender.
“Say, they’re a boy, but they come to school and say they’re a girl. As far as that school is concerned in this bill, that person is still a boy. If it becomes contested, the burden will be on the girl, the so-called girl, or the boy, to prove that he is a girl,” said North Dakota State Senator David Clemens while speaking in favor of the bill.
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The bill’s sponsor was the only testimony given in support of the bill, as nearly 100 separate forms of testimony was provided against the bill. Even the state’s Senate Judiciary Committee voted to not pass the proposed bill.
“I see no way this law would pass any sort of legal challenge based on basic legal construction principles,” North Dakota Human Rights’ Christina Sambor said in an interview with KFYR-TV of Bismarck. “It is vague, fails to advance any legitimate state interests, and not only would cause impermissible, gender-based discrimination, its very purpose is gender-based discrimination.”
The bill now moves to the Senate floor.