Male or Female Only Act
- Bill Number
- H.R. 6144
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-11-19: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-12-09T21:11:42Z
AI-Generated Summary
Purpose
The "Male or Female Only Act" (H.R. 6144) aims to limit how federal agencies collect information about an individual's sex on official forms, surveys, and documents. It enforces a binary choice of "Male" or "Female" and bans any reference to gender identity, ensuring that sex is referenced only in biological terms without non-binary options.
Key Provisions
- Prohibition on Non-Binary Options: Federal agencies cannot provide any selection or marking option on forms, surveys, or documents that allows an individual's sex to be identified as anything other than "Male" or "Female." They also cannot ask for or collect information about a person's gender or gender identity (gender identity refers to a person's internal sense of their own gender, which may differ from their biological sex).
- Rejection of Invalid Responses: Agencies must reject and disregard any responses that mention gender identity or claim a sex other than male or female.
- Implementation Timeline: Within 60 days of the bill becoming law, agency heads must update all relevant forms, surveys, and documents to comply with these rules.
Significant Changes to Existing Law
This bill introduces a new federal mandate that overrides any current practices where agencies might include non-binary sex options (e.g., "non-binary," "other," or "prefer not to say") or questions about gender identity on forms like passports, census surveys, or benefit applications. Previously, some agencies, such as the State Department or Census Bureau, have experimented with inclusive options to better reflect diverse identities, but this would standardize a binary-only approach across all federal information collection.
Potential Impacts
- On Government Agencies: Agencies will face administrative burdens to revise thousands of forms and train staff on compliance, potentially increasing short-term costs. Ongoing enforcement could complicate data collection for programs relying on accurate demographic information.
- On Citizens: Individuals who identify as transgender, non-binary, or outside the male-female binary may find it harder or impossible to accurately complete federal forms, leading to delays in services like healthcare, employment verification, or travel documents. This could disproportionately affect marginalized groups, while others may experience no change.
- On International Relations: Minimal direct impact, though it might influence U.S. alignment with global standards on gender recognition in international forms or treaties, potentially drawing criticism from countries or organizations promoting gender inclusivity.
Main Stakeholders Affected
- Federal Agencies: Including the Census Bureau, Department of State, Social Security Administration, and others that issue or require forms (e.g., for taxes, benefits, or identification).
- U.S. Citizens and Residents: Particularly transgender and non-binary individuals who may need to misrepresent their identity; also affects all form-filers indirectly through standardized processes.
- Advocacy Groups: LGBTQ+ organizations may oppose it for limiting self-identification, while conservative or religious groups might support it for emphasizing biological sex.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill could face challenges under the Administrative Procedure Act for requiring rapid changes without public input, or under anti-discrimination laws if it hinders access to federal services.
- Constitutional Implications: Potential conflicts with the Equal Protection Clause of the 14th Amendment, which prohibits unequal treatment based on sex or gender; courts might scrutinize whether it discriminates against non-binary individuals without a valid government interest.
- Political Implications: As a partisan bill introduced by Republican representatives, it reflects ongoing debates over gender identity in policy, potentially fueling cultural divisions but also signaling a push for uniformity in federal data collection to simplify administration.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (4)
Rep. Biggs, Sheri [R-SC-3], Rep. Moore, Barry [R-AL-1], Rep. Gosar, Paul A. [R-AZ-9], Rep. Harshbarger, Diana [R-TN-1]
Recent Actions
- 2025-11-19: Referred to the House Committee on Oversight and Government Reform.
- 2025-11-19: Introduced in House
- 2025-11-19: Introduced in House
Bill Versions
- Male or Female Only Act — issued 2025-11-19 — PDF (3 pages)