The Indiana Senate gave final approval to a gender definition bill Tuesday along party lines.
Senate Bill 182 defines female, male, gender, and sex for all Indiana statutes. The bill states that the Department of Correction has to assign an offender to a facility or program that is based on the inmate’s biological sex at birth.
The bill further states that a local health officer should mark the sex of an individual as male or female on a birth certificate. The bill would allow for amending a birth certificate for a medically verifiable disorder of sex development, external sex characteristics that are irrevocably ambiguous chromosomal issues, or both ovarian and testicular issues.
The bill was amended in the Senate Health and Provider Services Committee last week to include public schools, including charter schools, to designate multi-occupancy restrooms and changing areas for the exclusive use of the male and female sex.
The amendment also states public schools, including charter schools, can’t force students to share sleeping quarters with a member of the opposite sex, unless the students are family members.
The bill was amended Monday on second reading to allow for a child under 9 years old to go into a multiple occupancy restroom or changing area in a school or university with a parent or caregiver. The amendment was approved in a voice vote.
State Sen. Liz Brown, R-Fort Wayne, the author of the bill, said it started as a simple bill to codify what the Indiana Department of Corrections has done, which is place women in women’s prisons and men in men’s prisons.
Then, Brown said she realized that the definition of gender was different among various Indiana codes. So, the bill ensures the definition of gender is the same across all codes, she said.
State Sen. Shelli Yoder, D-Bloomington, said the birth certificate portion of the bill “creates the very situation that its supporters claim it fears.”
“It will legally force transgender men, who have lived as men for years, often with beards and masculine features, into women’s restrooms and locker rooms,” Yoder said. “This isn’t a privacy solution. It is a state mandate that will lead to massive confusion, public discomfort, and safety risks for everyone involved.”
State Sen. Gary Byrne, R-Byrneville, said he supported the bill because it addresses an issue with Indiana law.
“Statutory law has not kept pace with how certain terms are being used, leaving courts, agencies and public institutions without clear direction,” Byrne said. “Without definitions in law, it invites inconsistency for interpretation.”
Senate Bill 182 “does not regulate personal identity or target individuals,” but follows what legislators are supposed to do, like defining terms, setting boundaries, and including uniform standards,” Byrne said.
“Clear law protects everyone. It prevents unintended consequences. It ensures that decisions of this magnitude are made by elected law makers, not by courts or administrators interpreting vague language,” Byrne said.
Brown said the bill ensures women have private spaces.
“Just because you have decided today that you identify as a man doesn’t mean you can go into a women’s space. That’s a good thing. That protects women,” Brown said. “We’re not (singling) anyone out. You can continue to identify any which way you want. But if you’re born a male, you’re going to the male bathroom. If you’re born a female, you’re going to the female bathroom.”
The bill passed 37-8, with all Republicans present voting yes and all Democrats present voting no. State Sen. Rodney Pol Jr., D-Chesterton, was marked as not voting.
The bill moves forward for consideration by the House.
https://www.chicagotribune.com/2026/01/28/indiana-senate-passes-gender-definition-bill/
