North Carolina has initiated a new policy directive, which will officially recognize only two sexes, male and female, across all state regulations and public policies, beginning in 2026. This follows the July 2025 veto override of Democratic Gov. Josh Stein by the Republican-controlled General Assembly, solidifying the definitions within House Bill 805, also known as the Prevent Sexual Exploitation/Women and Children Act.
The law outlines biological sex based on physical characteristics at birth, including chromosomes, hormones, gonads, and genitalia, expressly stating that gender identity, an individual's self-identified gender, "shall not be treated as legally or biologically equivalent to sex." Initially focused on preventing the unauthorized distribution of explicit online content, HB 805's scope was broadened to include impacts on K-12 education, public safety, and state government operations.
Provisions encompass restrictions on state-funded sex-change procedures for incarcerated individuals, enhanced parental control over educational content, and rules for sex-specific accommodations during school events. Republican leaders have supported the measure as common sense. House Speaker Destin Hall described it as upholding "simple concepts," while Senate leader Phil Berger pointed to federal precedent, indicating North Carolina's alignment with biological sex policies.
The legislation permits trans-identifying individuals to amend their birth certificate sex designation, though the state is mandated to keep the original record. Legal experts, including Daniel Siegel from the ACLU of North Carolina, have voiced concerns about potential privacy risks for individuals requiring certified copies of their birth documents.
Gov. Stein vetoed HB 805 on July 3, denouncing it as a "mean-spirited attempt to further divide us by marginalizing vulnerable North Carolinians." Nevertheless, the legislature overrode the veto later that month, with minimal Democratic support. While portions of the bill had already been implemented, the formal recognition of only two sexes commences at the start of 2026.
Proponents argue the law brings clarity and consistency to state policies, aligning with President Donald Trump's executive order on biological sex for federal agencies. However, critics warn it could marginalize at-risk populations, like children and youths grappling with gender identity, and pose challenges in educational and legal contexts.
North Carolina joins 17 other states with legal sex definitions as male or female, reflecting a conservative gender policy trend at the state level. Advocates emphasize the necessity of clear legal definitions for policy coherence, public safety, and parental oversight. Opponents argue the legislation risks privacy, litigation, and increased social stigmatization of trans and intersex individuals.
As the new definitions are enforced in 2026, ongoing debates are expected regarding the balance of child and at-risk adult protections with uniform state policies. Observers suggest the law could influence other states contemplating similar conservative gender recognition approaches.
