North Carolina becomes latest state to bring in controversial new law that defines gender
Lucy Devine
Featured Image Credit: Getty Stock Photo
North Carolina has become the latest state to introduce a controversial new law that recognises only male and female genders.
The new law states that biological sex is defined as 'biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.'
The law officially took effect on January 1, and is part of the House Bill 805.
Although there has not been any change to any existing laws as such, the change has been made to define only two genders as male and female.
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It also requires changes in gender transition care, including blocking state funding and actions against medical professionals who provide care related to gender transition for minors.
Ashley Vaughan from the NC Values Coalition said: "A lot of times there are questions as to whether the person was really able to consent given their age or their state of mind when they were experiencing discomfort with their body."
However, Kori Hennessey, Executive Director of the LGBT Center of Raleigh, added, as per ABC11: "No law will erase the history and lives of transgender and nonbinary people. HB 805 continues to take away the rights of many North Carolinians while endangering the lives of many more.
"Just like similar legislation in the past, these types of discriminatory laws do nothing to protect women and children."
Other areas of the bill include more robust protections for pornography; allowing students to be excused from activities based on religion; allowing parents to stop their kids using certain library books and ensuring children on school trips are housed by their gender at birth.
"The value of parents' rights in education and in bringing their children up and their involvement in the school system, is just critically important," Vaughan said.
"Even if it takes extra time and effort and some conversations, it is worth defending."
The bill has caused a great deal of divide, with Democratic Representative Laura Budd explaining that the original bill began as something quite different.
In a statement to ABC11, she said: "House Bill 805 remains a deeply personal and important piece of legislation to me. It began as a bipartisan bill intended to protect people who are exploited in an industry that too often escapes accountability.
"The original bill gave people, the majority of whom are women, the right to: revoke consent, regain control of their images, and hold content providers responsible when that consent is violated.
"Sadly, H805 is now more known more for being mean-spirited and targeting transgender individuals.
"I deeply appreciate the efforts by the Governor and those legislators who fought to preserve the original legislation after it was co-opted into a cultural war propaganda piece by the NCGOP leadership.
"As we enter 2026, I remain optimistic that the original purpose of H805 will be realized. If you are a victim of internet predators or the pornography industry, this law empowers you.
"And if you are a member of the LGBTQA+ community, know that I believe those sections that try to erase you are wrong and I will continue to fight for your right to treated with dignity and respect. "