North Carolina has recently enacted a contentious law that formally recognizes only two genders: male and female.
The legislation defines biological sex as a ‘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.’
Effective from January 1, this law is a component of House Bill 805.
While it does not alter existing laws, the legislation clearly defines only male and female genders.
Additionally, it mandates changes in gender transition healthcare, such as prohibiting state funding and imposing restrictions on medical practitioners who provide gender transition care to minors.
Ashley Vaughan of the NC Values Coalition commented, “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.”
Conversely, Kori Hennessey, Executive Director of the LGBT Center of Raleigh, expressed concerns, stating to 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,” Hennessey added.
The bill also includes provisions for stronger protections against pornography, allowing students to opt out of activities for religious reasons, permitting parents to restrict their children’s access to specific library books, and ensuring that students on school trips are accommodated according to their birth gender.
Vaughan emphasized the importance of parental rights, saying, “The value of parents’ rights in education and in bringing their children up and their involvement in the school system, is just critically important. Even if it takes extra time and effort and some conversations, it is worth defending.”
The legislation has sparked significant debate, with Democratic Representative Laura Budd highlighting that the bill’s original intent was different.
She explained to ABC11, “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 aimed to give 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,” Budd continued.
Budd lamented that “Sadly, H805 is now more known for being mean-spirited and targeting transgender individuals.”
She expressed gratitude for those who tried to maintain the original intent of the bill, stating, “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.”
Looking forward, Budd remains hopeful for the bill’s initial objectives, saying, “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.”
Addressing the LGBTQA+ community, she affirmed, “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 be treated with dignity and respect.”