South Carolina H 3506: Human Biological Sexes

Bill Text

2025-2026 Bill 3506 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3506

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
29 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE DEFINITIONS AND OTHER RULES OF 
CONSTRUCTION RELATING TO HUMAN BIOLOGICAL SEXES FOR PURPOSES OF THE LAWS, ADMINISTRATIVE 
REGULATIONS, AND GUIDELINES OF SOUTH CAROLINA.

Whereas, in human 
beings, there are two, and only two, sexes, male and female, which refer to the 
two body structures or phenotypes that, in normal development, correspond to 
one or the other gamete, sperm for males and ova for females; and

Whereas, every 
individual is either male or female; and

Whereas, an 
individual's sex can be observed or clinically verified at or before birth; and

Whereas, rare disorders 
of sexual development are not exceptions to the binary nature of sex; and

Whereas, in no case is 
an individual's sex determined by stipulation or self-identification; and

Whereas, there is 
increasing confusion about the definition and implications of sex as a 
biological truth and its relationship to concepts and terms including, but not 
limited to, sex assigned at birth, gender, gender identity, gender role, gender 
expression, and experienced gender; and

Whereas, confusion and 
ambiguities surrounding the definitions of sex, male, female, and related terms 
can hinder individual efforts to enjoy equal treatment under the law; and

Whereas, legal equality 
of the two sexes, male and female, does not imply that the sexes are identical 
to each other or are the same in every respect; and

Whereas, with respect 
to the two sexes, male and female, separate facilities or sports leagues 
established because of or organized according to physical differences between 
the sexes do not constitute unequal treatment under the law; and

Whereas, physical 
differences between males and females are enduring, and the two sexes are not 
fungible; and

Whereas, it is the 
intent of the General Assembly to clarify and reconcile the meaning of sex, 
male, female, and related terms in state laws, administrative regulations, and 
guidelines. Now, therefore,

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by 
adding:

Article 29

Human Biological Sexes

 Section 
1-1-1910. For the purposes of the laws, 
administrative regulations, and guidelines of South Carolina:

 (1) An 
individual's sex refers to his or her biological sex, either male or female.

 (2) 
When used to refer to a natural person, "female" means an individual who 
naturally has, had, will have, or would have, but for a developmental or 
genetic anomaly or historical accident, the reproductive system that at some 
point produces, transports, and utilizes eggs for fertilization.

 (3) 
When used to refer to a natural person, "male" means an individual who 
naturally has, had, will have, or would have, but for a developmental or 
genetic anomaly or historical accident, the reproductive system that at some 
point produces, transports, and utilizes sperm for fertilization.

 (4) "Woman" 
means an adult human female.

 (5) 
"Girl" means a minor human female.

 (6) 
"Man," except when used as a generic reference to human beings, means an adult 
human male.

 (7) 
"Boy" means a minor human male.

 (8) 
"Mother" means a female parent.

 (9) 
"Father" means a male parent.

 (10) 
"Gender" when used alone to refer to males, females, or the natural differences 
between males and females:

 (a) 
shall be considered a synonym for sex, and

 (b) 
shall not be considered a synonym or short-hand expression for gender identity, 
experienced gender, gender expression, or gender role.

 This definition shall 
not apply when the term gender is used in conjunction with other words or as an 
adjective to modify other words, or when context or explicit definition in 
preexisting state law, administrative regulations, or guidelines indicates 
otherwise.

 (11) 
"Gender identity," if used in state law, administrative regulations, or 
guidelines, shall not be considered a synonym or substitute for sex or gender.

 Section 
1-1-1920. The definitions of "sex," "male," and "female" in Section 1-1-1910 do 
not preclude the reasonable accommodation of persons with a congenital and 
physically verifiable diagnosis of a "DSD," sometimes referred to as "disorders 
of sex development" or "differences in sex development."

SECTION 2. If any section, subsection, 
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for 
any reason held to be unconstitutional or invalid, such holding shall not 
affect the constitutionality or validity of the remaining portions of this act, 
the General Assembly h