Bill
HB 1181
HB 1181 clarifies ND law: gender references mean sex, and gendered terms are nonrestrictive, changing how statutes and records are read.
Title: An Act to amend and reenact section 1‑01‑34 of the North Dakota Century Code, relating to gender usage in the North Dakota Century Code.
Sponsors: Representatives S. Olson, K. Anderson, Christianson, Henderson, Koppelman, Morton, Tveit; Senators Castaneda, Van Oosting.
Status / Key dates
- Introduced in the 2025 session (69th Legislative Assembly).
- House vote: Yeas 79, Nays 11. Senate vote: Yeas 41, Nays 6.
- Filed with the Secretary of State: April 23, 2025 (enrolled version).
Purpose and intent
HB 1181 revises how gender‑related words are to be read and applied across North Dakota statutory text. The bill seeks to clarify the meaning of gender references found in the Century Code to guide statutory interpretation and the drafting/reading of state law and records.
Key provisions
- Amends NDCC § 1‑01‑34 (Gender — Definition) and reenacts it with two express rules:
1. “Words of one gender include the other genders.” (retains the traditional drafting rule that gendered words are not limiting)
2. “Words used to reference an individual's gender mean the individual's sex.” (expressly equates statutory references to “gender” with an individual’s sex)
Scope / Who is affected
- The amendment changes the baseline rule used to interpret gendered language in North Dakota statutes and official state records. As written in the enrolled version, the change is a statutory definition affecting:
- State statutes (how gendered language in law is read and applied)
- Potential downstream effects on agency rules, forms, and official documents that rely on statutory definitions
- Entities and policies that reference “gender” (state agencies, courts, legislators, and potentially public institutions whose authorities are statutory) may be affected insofar as statutory language drives administrative policies or legal obligations.
Notable legislative history and drafts
- Earlier drafts and alternative versions (included in committee documents) contained broader or different language (for example, equating gender/identity/expression with “sex determined at birth,” or applying the rule explicitly to public schools and state entities). The enrolled/approved version retained the two clauses above and omitted some of the more prescriptive or implementation‑focused provisions that appeared in other drafts.
- HB 1181 passed both chambers in 2025 and was enrolled and filed with the Secretary of State (see votes above).
Potential impacts and considerations
- Legal interpretation: The bill clarifies statutory construction—courts and agencies will treat “gender” references as meaning “sex” for purposes of reading the Code, which may affect outcomes where statutes reference gender distinctions.
- Administrative practice: Agencies that use statutory definitions to shape forms, eligibility rules, or recordkeeping may need to review whether their practices are consistent with the revised definition.
- Policy implications: Because the enrolled text is narrowly framed as a definitional rule for statutory language, direct operational effects depend on how existing statutes, agency rules, and policies rely on the term “gender.” Stakeholders (state agencies, educational institutions, health and human services providers, and civil‑rights practitioners) may reassess relevant policies to determine any needed changes.
Text reference
- Amends and reenacts NDCC § 1‑01‑34 (as enrolled and filed April 23, 2025).
Compiled from official sources — confirm details with the bill’s official record.
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