HB 0571 / SB 0468

HB0571 (the “Women’s Safety and Protection Act” as introduced in amendment HA0370) adds a new chapter to Title 68 that defines “sex” and related terms in strictly biological terms and requires sex‑segregation of multi‑occupancy restrooms, changing rooms, and sleeping quarters in domestic violence shelters, public institutions of higher education, correctional facilities, and juvenile detention facilities (see §§ 68‑107‑104, 68‑107‑107 – 68‑107‑109). The act also requires institutions to take “reasonable steps” to protect privacy from members of the opposite sex, preserves a handful of operational exemptions (custodial staff, medical assistance, law enforcement, ADA accommodations, emergencies), and sets intermediate scrutiny as the standard for laws distinguishing on the basis of sex (§ 68‑107‑110).

The bill goes further than facility rules: § 68‑107‑105 instructs that any law or administrative rule that applies to an individual’s sex must be interpreted using these definitions, which would recalibrate statutory and regulatory interpretation across state law. Enforcement is private‑rights driven: an individual who encounters a person of the opposite biological sex in a designated facility (or is forced to share sleeping quarters in violation of the act) may seek declaratory and injunctive relief and recover reasonable attorney fees within two years (§ 68‑107‑111). Fiscal notes estimate minimal budgetary impact, though litigation exposure is acknowledged.

From a conservative, originalist perspective this bill advances clear, biologically grounded definitions of sex and prioritizes privacy and safety for women and girls in settings where those concerns are most acute. At the same time, the private cause of action, broad instruction to interpret all sex‑based laws using the new definitions, and potential for litigation create growth vectors and operational friction that deserve close scrutiny.