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Did this bill in North Dakota invent a new gender?

Boys, girls, nonbinary friends and … junk dealers?

A bill in North Dakota is making waves online because it categorizes scrap metal dealers by gender. The bill's title is “Defining Female, Male, Gender, and Scrap Metal Dealers” – also known as House Bill 1474.

The gay internet was quick to pounce on the law's bizarre wording, claiming that junk dealers were the newest term under the trans umbrella.

Although the internet has only just taken notice, the bill was actually passed over a year ago, in May 2023 – and despite the humor in its title, the law's consequences for transgender people are no laughing matter.

While North Dakota's redefinitions are placed in one category, there is a clear disconnect between the state's treatment of scrappers and transgender people. Essentially, the bill erases transgender people from existence by adhering to a strict biological definition of sex. It redefines “gender” as “the biological state of being male or female based on the individual's unique sex organs, chromosomes, or endogenous hormonal profiles at birth.” This definition prevents transgender, nonbinary, and intersex people from having their gender legally recognized and prevents them from fighting gender discrimination.

Cathryn Oakley, then-state legislative director of the Human Rights Campaign, criticized the bill – and North Dakota Governor Doug Burgum – for its blatant disregard for transgender rights.

“Creating jobs, growing the economy and supporting North Dakota's most marginalized residents is clearly not a priority for Governor Burgum, especially when he suggests that transgender lives are worth sacrificing for cheap political points,” Oakley said in a statement filing the bill.

“After passing more anti-LGBTQ+ legislation this year than lawmakers in any other state, the governor and his extremist allies in the statehouse are sending a direct but dangerous message that LGBTQ+ people have no place in their state, nor should they exist publicly,” she continued. “Instead of helping North Dakotans 'find the good life,' they are instead pandering to the fringe of their base. To that, we have a simple answer: Our community is not going anywhere, and we will always fight back against these attacks.”

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Anna Harden

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