Starting Thursday, North Carolina will officially recognize only two sexes—male and female—in all state rules, regulations and public policies under a new law.
The change follows a veto override of Democratic Gov. Josh Stein by the Republican-controlled General Assembly in July 2025, enshrining the definitions in House Bill 805, formally called the Prevent Sexual Exploitation/Women and Children Act.
The legislation defines biological sex based on physical characteristics present at birth, including chromosomes, naturally occurring hormones, gonads and unambiguous internal and external genitalia.
Gender identity, defined as an individual’s self-declared identity, “shall not be treated as legally or biologically equivalent to sex.”
Originally aimed at protecting individuals from unauthorized posting of explicit content online, HB 805 was later expanded to include provisions affecting K-12 education, public safety and state operations.
Among these are limits on state funding for sex-change procedures for incarcerated individuals, parental rights to restrict classroom materials or library books and rules governing sex-specific sleeping arrangements at school events.
Republican leaders defended the legislation as a common-sense measure, according to The Herald Sun.
House Speaker Destin Hall said it “enshrines simple concepts that are just common sense,” while Senate leader Phil Berger referenced federal precedent, noting that North Carolina has adopted similar policies defining sex based on biology rather than ideology.
The law allows trans-identifying individuals to change the sex designation on their birth certificates. However, the state must retain a copy of the original record.
Legal experts, including Daniel Siegel of the ACLU of North Carolina, raised concerns that this process could inadvertently out individuals needing certified copies of their original documents.
Siegel described the legislation as “designed to punish” trans-identifying, nonbinary and intersex people, asserting that a person’s sex is male or female from birth.
HB 805 became law after Stein vetoed it on July 3, calling it a “mean-spirited attempt to further divide us by marginalizing vulnerable North Carolinians.”
The legislature overrode the veto on July 29, with only one Democrat joining Republicans to achieve the required supermajority, WBTV reports.
While many sections of the bill had already taken effect, the official recognition of only two sexes begins with the start of 2026.
Other provisions include protections and verifications for individuals depicted in pornography, restrictions on state funding for gender-affirming care in prisons, expanded parental oversight of school library materials and clarified procedures for amending birth and death certificates.
Advocates say the law brings clarity and consistency to state policies, while critics argue it undermines the rights of “trans” and intersex individuals and could create legal and privacy challenges.
North Carolina now joins 17 other states that legally define sex as male or female, reinforcing a conservative approach to gender policy at the state level.
Supporters argue the law ensures uniformity across public policies and aligns with federal guidance, including President Donald Trump’s executive order on biological sex for federal agencies.
Critics warn it could marginalize at-risk populations, including children and young adults navigating gender identity and create challenges in educational and legal settings.
The law’s implementation also reflects a broader conservative trend to codify biological definitions of sex at the state level, particularly in areas such as education, prison administration and public record keeping.
Supporters contend that clear legal definitions are necessary for policy clarity, public safety and parental oversight.
Opponents counter that the legislation may lead to privacy risks, potential litigation and further social stigmatization of “trans” and intersex residents.
As North Carolina enforces the new definitions in 2026, lawmakers and advocacy groups anticipate ongoing debate over balancing child and at-risk adult protections with uniform state policies.
Observers note that the law could influence other states considering similar conservative approaches to gender recognition.
