On May 29, 2025, the Texas Legislature passed House Bill 229, a measure that defines the term “sex” strictly in biological terms based on the ability to produce or fertilize ova. The bill mandates that state documents—such as birth certificates and marriage licenses—must recognize individuals only by their birth-assigned biological sex, effectively disregarding a person’s gender identity or the gender they may have transitioned to. Governor Greg Abbott is expected to sign the bill into law, furthering the ongoing debate over gender definitions and individual rights in the state. While proponents argue that the bill is necessary to protect biological distinctions and clarify legal matters, critics, particularly from LGBTQ+ advocacy groups, warn that it could result in increased discrimination against transgender and intersex individuals.
This move is the latest in a series of legislative efforts by conservative lawmakers in Texas to limit the recognition of gender beyond biological sex. Advocates for LGBTQ+ rights argue that the law further marginalizes transgender individuals, undermines their dignity, and could lead to confusion, misidentification, and challenges in accessing essential services.
The Content of House Bill 229
House Bill 229 was passed with significant support from conservative lawmakers, and its main provision establishes that “sex” will be defined as the biological distinction based on a person’s ability to produce or fertilize ova. This would ensure that, on all state-issued documents, individuals would be listed according to their birth-assigned sex, regardless of whether they identify or present as a different gender.
This definition essentially disregards gender identity, which many individuals and healthcare professionals consider a deeply held sense of being male, female, or another gender, independent of biological sex. In practical terms, the law would mean that transgender people would not be able to amend official documents such as driver’s licenses, birth certificates, or marriage licenses to reflect their gender identity, even if they have undergone medical transition or legally changed their gender in other contexts.
Additionally, the bill could also impact the rights of intersex individuals—those born with physical sex characteristics that do not fit typical male or female classifications—by forcing them to choose between biological categories that may not align with their experiences or identities.
Support for the Bill: Advocates for Clarity and Consistency
Supporters of House Bill 229 argue that the law will provide greater clarity in legal documents and protect traditional definitions of sex. Proponents claim that the bill is needed to avoid ambiguity in various legal contexts, such as the allocation of healthcare benefits, the enforcement of sex-based protections, and participation in sports. Some argue that this bill ensures that the definition of sex remains consistent and biologically based, which they believe is a clearer and more objective standard for government records.
“The legal implications of gender identity are complex and can create confusion when interpreting laws that were written with biological sex in mind,” said Representative Bryan Hughes, a key sponsor of the bill. “This measure ensures that the laws remain rooted in clear, biological facts, which is essential for maintaining order and consistency in legal proceedings.”
Supporters also contend that the bill aims to protect women’s rights in areas such as sports and women’s shelters. By ensuring that “sex” is based on biological distinctions, advocates argue that it preserves fair competition in sports and prevents the inclusion of transgender women in women-only spaces if their birth-assigned sex differs from their gender identity.
However, critics argue that these concerns are often overstated and that the law will do more harm than good by deepening divisions and increasing discrimination against transgender individuals.
Criticism from LGBTQ+ Advocates: Concerns Over Discrimination
LGBTQ+ advocates have strongly criticized House Bill 229, arguing that it would exacerbate the marginalization of transgender and intersex individuals. They warn that the bill could lead to widespread discrimination, particularly in situations where individuals are forced to present identification that does not match their gender identity.
“Transgender people in Texas already face a range of challenges, from healthcare discrimination to employment bias,” said Sarah L. O’Neal, a spokesperson for the Texas LGBTQ+ Coalition. “This bill is a blatant attack on their right to self-identify and live authentically, and it could force them into unsafe and hostile situations.”
One of the primary concerns is that transgender individuals will face difficulties in accessing services, such as healthcare, when their identification does not match their gender identity. For instance, transgender people might be refused medical treatment or find themselves unable to prove their eligibility for certain programs and benefits because of the discrepancy between their legal documents and their gender presentation.
The bill also raises concerns about increased vulnerability for transgender individuals, especially transgender women, in situations where they may be at risk of violence or harassment. “If your gender identity is not reflected in your legal documents, you could face dangerous situations, particularly in interactions with law enforcement or in public spaces,” said O’Neal.
Additionally, advocates point out that the bill could perpetuate the stigma surrounding transgender individuals by framing their identities as invalid or lesser than those of cisgender individuals, who are assigned a gender at birth and identify with that gender throughout their lives.
Potential Impact on Intersex Individuals
Intersex individuals, who are born with biological characteristics that do not fit traditional male or female definitions, are also likely to be affected by the passage of House Bill 229. These individuals often undergo medical interventions at an early age to align their bodies with societal norms of gender, and this law could make it more difficult for them to navigate official documents and bureaucratic systems.
By enforcing a strict definition of sex based on reproductive capacity, the bill overlooks the reality of intersex people’s experiences. Many intersex individuals feel that their identities are invalidated by the law’s one-size-fits-all approach to biological sex. As a result, they may be left with identification documents that do not reflect their actual lived experience, potentially leading to further discrimination and exclusion.
Legal Challenges and Public Backlash
Given the potential impact on transgender and intersex individuals, LGBTQ+ advocacy groups have already indicated plans to challenge the bill in court, arguing that it violates constitutional protections, including the right to privacy and freedom from discrimination. Legal experts suggest that the law could face significant opposition, particularly as more states pass similar legislation aimed at restricting the rights of transgender individuals.
Opponents are also organizing public demonstrations and lobbying efforts to block the bill from becoming law. Protests have been planned in major cities across Texas, and national LGBTQ+ organizations are mobilizing to call attention to the bill’s harmful effects. Many advocates fear that this bill could set a dangerous precedent for other states to follow, further limiting the rights and recognition of transgender individuals across the country.
Broader Implications for Transgender Rights in the U.S.
House Bill 229 is part of a broader pattern of legislative efforts across the United States to curtail the rights of transgender individuals. In recent years, various states have introduced laws banning transgender women from participating in women’s sports, restricting access to gender-affirming healthcare for minors, and attempting to limit the ability of transgender individuals to update their legal documents to reflect their gender identity.
While some of these efforts have been blocked by courts or faced public backlash, the passage of HB 229 demonstrates that the fight for transgender rights is far from over. Advocates argue that such laws are a direct attack on the dignity and humanity of transgender individuals, and they are committed to fighting these measures through legal challenges, public advocacy, and political action.
