Bill Summary for S 516 (2025-2026)

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Summary date: 

Mar 26 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 516 (Public) Filed Tuesday, March 25, 2025
AN ACT TO DEFINE VARIOUS TERMS IN THE GENERAL STATUTES OF NORTH CAROLINA AND TO ENACT THE WOMEN'S SAFETY AND PROTECTION ACT.
Intro. by Sawyer, Overcash.

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Bill summary

Amends GS 12-3 (Rules for construction of statutes) to create new subsection (b), providing definitions applicable throughout the General Statutes for the following terms: (1) Biological sex or sex, (2) Boy, (3) Father, (4) Female, (5) Gender, (6) Girl, (7) Male, (8) Man, (9) Mother, and (10) Woman. Definition of “biological sex” excludes “an individual's psychological, chosen, or subjective experience of gender,” and definitions of “female” and “male” reference the specific reproductive systems associated with eggs and sperm, respectively. Definitions of “girl,” “woman,” and “mother” reference the female sex, and “boy,” “man,” and “father” reference the male sex.

Creates new GS Chapter 143, Article 81B (Women’s Safety and Protection Act), with the stated purpose of clarifying the meaning of terms biological sex and gender, and providing protections to women against sexual assault, harassment, and violence in correctional facilities, domestic violence centers, dormitories, restrooms, and other areas where women are traditionally afforded protection from biological men. Establishes definitions for the Article, including “covered facility,” which includes prisons, local confinement facilities, domestic violence and rape crisis centers, and public schools, that receive state funds. Directs that restrooms, changing facilities, and sleeping quarters at covered facilities may only be used by one designated biological sex at a time, and requires administrative rules or policies if the facilities are to be used by different sexes at any point in time. Provides an exemption to this restriction for family restrooms, changing rooms, and sleeping quarters. Prohibits students from sharing sleeping quarters with members of the opposite sex at any public school activity or event, unless they are a member of the same family and the public school has received approval from a legal guardian. Provides exceptions for custodial work, medical assistance, law enforcement, and disaster or emergency situations.

Specifies the standard of review under Article 81B is intermediate scrutiny, which is defined as forbidding discrimination but allowing for distinctions between biological sexes when there is an important governmental interest.

Provides a cause of action for individuals who encounter a person of the opposite biological sex in the restroom, changing facility, or sleeping quarters of a covered facility, if the facility gave the person permission to use the space or failed to take steps to prevent the person from accessing the space. Allows contractors who provide services at women’s covered facilities to bring an action against any state agency that directs them to violate the provisions of Article 81B. Grants a cause of action to any person retaliated against for asserting rights protected by the Article. Provides for appropriate relief, including damages and injunctive relief, for an action brought under the Article, and creates a three-year statute of limitations.

Removes the ability to request a change to the sex on an individual's birth record because of sex reassignment surgery in GS 130A-118(b) and makes corresponding changes to the subsection. Applicable to requests received on or after the date the act becomes law.

Requires that a driver’s license application form request information on the applicant’s sex “as reflected on the applicant's certificate of birth,” and that a driver’s license issued by the Division of Motor Vehicles contain the license holder’s sex “as reflected on the applicant's certificate of birth” in GS 20-7. Applies to driver’s licenses issued on or after the date the act becomes law.

Contains a severability clause.

Except for the birth certificate and driver’s license provisions above, effective and applicable to acts and omissions on or after October 1, 2025.