House Bill 805 provision takes effect January 1, 2026, establishing biological definitions for state rules and policies amid partisan debate

January 01, 2026 | RALEIGH, N.C. — A new provision in North Carolina law officially recognizing only two sexes — male and female — based solely on biological characteristics took effect on January 1, 2026, marking the state as the latest to codify binary sex definitions in its statutes.

The measure, embedded in House Bill 805, defines "biological sex" as "the 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." The law explicitly states that this definition disregards "an individual’s psychological, chosen, or subjective experience of gender."

Gender identity is separately defined as "an individual’s self-declared identity that may not align with biological sex" but "shall not be treated as legally or biologically equivalent to sex."

These definitions apply across all state administrative rules, regulations, and public policies unless otherwise specified. Supporters argue the change provides "clarity, certainty, and uniformity" to North Carolina laws, aligning them with biological reality.

The broader House Bill 805, which passed the Republican-controlled General Assembly in 2025, includes other provisions such as restrictions on school sleeping quarters by biological sex, parental rights in education, and limits on state funding for certain gender-transition procedures. Most sections took effect earlier, but the sex-definition clause was delayed until the start of 2026.

Democratic Gov. Josh Stein vetoed the bill in July 2025, criticizing Republicans for injecting "divisive, job-killing culture wars" into legislation originally focused on preventing sexual exploitation. Republicans swiftly overrode the veto, with House Speaker Destin Hall accusing the governor of siding with "radical activists" over North Carolinians who prioritize "parental rights, biological reality, and protecting women and children."

North Carolina becomes at least the 18th state to enact similar legislation defining sex in binary, biological terms. The law references a January 2025 executive order by President Donald J. Trump affirming only two immutable sexes at the federal level.

Critics, including some Democratic lawmakers, have called the provision outdated and harmful to transgender individuals, arguing it ignores evolving societal understandings of gender. Estimates from the UCLA Williams Institute suggest about 0.5% of North Carolina adults and 3% of youth aged 13-17 identify as transgender.

State officials say the definitions do not immediately alter existing laws but will guide future policy implementation. No major disruptions were reported on the first day of enforcement.