North Carolina’s new legislation strictly recognizing only male and female sexes sparks debate over constitutional rights and healthcare access.
Story Highlights
- HB 805 officially recognizes only male and female sexes in North Carolina.
- The law restricts gender-affirming care for minors and modifies birth certificate procedures.
- Governor Stein’s veto was overridden by bipartisan support.
- Critics argue the law discriminates against transgender individuals.
North Carolina’s Legislative Shift: Defining Sex by Biology
On January 1, 2026, House Bill 805 (HB 805) took effect in North Carolina, officially recognizing only “male” and “female” as sexes in state administrative rules and public policies. The law defines sex strictly by biological reproductive characteristics at birth. This change aligns with President Donald Trump’s executive order, putting North Carolina among 16 states adopting similar policies.
The legislation not only defines sex by biological terms but also restricts gender-affirming care for minors. It blocks state funding for such care and extends the statute of limitations for malpractice claims related to gender transition procedures from three to ten years. These provisions reflect a push to protect minors, yet have sparked significant controversy among advocates and healthcare providers.
Veto Battle and Bipartisan Override
The journey of HB 805 saw significant political maneuvering. Passed by the North Carolina General Assembly in summer 2025, it was vetoed by Governor Josh Stein, who criticized the bill as “mean-spirited” and harmful to vulnerable groups. Despite this, lawmakers overrode the veto with bipartisan support, demonstrating the strong backing for the bill among both Republican and some Democratic legislators.
The bill’s original focus was on protecting minors from sexual exploitation, with provisions requiring online operators to verify ages and consent. However, during the Senate phase, it expanded to include gender-related restrictions, a move that secured its legislative passage but intensified public debate.
Impact on Transgender Community and Healthcare
Critics, including LGBTQ+ advocates, argue that HB 805 represents a form of legal erasure for transgender and nonbinary individuals. The law’s implementation could lead to increased discrimination and reduced access to healthcare, especially for transgender youth, who make up about 3% of the state’s young population. The extended legal liability for providers may also deter healthcare services related to gender transition, impacting patient care.
As North Carolina implements HB 805, the focus now shifts to enforcement and potential legal challenges. The law’s provisions, particularly regarding birth certificate procedures and healthcare restrictions, could face constitutional scrutiny under equal protection and due process rights. Stakeholders continue to watch how state agencies apply these new rules and whether further legislative or judicial actions will arise.
