Did this North Dakota bill invent a new gender?

Guys, gals, nonbinary pals, and … scrap metal dealers?

A house bill in North Dakota is catching the internet’s attention for classing scrap metal dealers alongside gender categories. It’s right there in the bill’s title: “The definition of female, male, sex, and scrap metal dealer” — aka House Bill 1474.

The gay internet quickly latched onto the bizarre framing of the bill, claiming scrap metal dealers as the newest label under the trans umbrella.

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I'll never forget when my brother came out to us as a scrap metal dealer.

— Rostfritt (@rostfritt) July 1, 2024

i am moving to north dakota solely to have my ID say my gender is scrap metal dealer

— MxCokoko (@MrCokoko) July 1, 2024

pic.twitter.com/SqM6D2nKeI

— JD S. Pumpkins (@jd_niemand) July 1, 2024

Though the internet only just took notice, the bill was actually passed more than a year ago in May of 2023 — and despite the inherent humor in its title, the bill’s ramifications for trans folks are no laughing matter.

North Dakota’s redefinitions may be grouped together, but there’s a clear divide between the state’s treatment of scrap metal dealers and trans folks. Essentially, the bill writes trans people out of existence by adhering to a strict biological definition of sex. It redefines “sex” as ​​”the biological state of being male or female, based on the individual’s nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth.” This definition prevents trans, nonbinary, and intersex people from having their genders legally recognized, keeping them from fighting gender-based discrimination.

Cathryn Oakley, then state legislative director at the Human Rights Campaign, criticized the bill — and North Dakota’s governor Doug Burgum — for its blatant disregard of trans rights.

“Creating jobs, growing the economy, and lifting up the most marginalized North Dakotans is clearly not a priority for Governor Burgum, especially when he indicates that the lives of transgender people are worth sacrificing for cheap political points,” Oakley said in a statement when the bill was filed.

“After passing more anti-LGBTQ+ bills than lawmakers in any other state this year, the Governor and his extremist allies in the statehouse are sending a direct yet dangerous message that LGBTQ+ people in their state do not belong, nor should they publicly exist,” she continued. “Instead of helping North Dakotans to ‘find the good life,’ they are instead playing to the far fringes of their base. To that, we have a simple response: our community isn’t going anywhere and we will always fight back against these attacks.”

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