The Legislature finds that:
(a) Females and males should be provided areas, including restrooms, changing facilities and single-sex educational housing spaces, for their exclusive use, respective to their sex, in order to maintain privacy and safety.(b) There are important governmental reasons to distinguish between the sexes with respect to spaces where biology, safety, and/or privacy are implicated. As such, policies and laws that distinguish between the sexes are subject to intermediate constitutional scrutiny, which forbids unfair discrimination against similarly situated males and females but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives.(c) These findings reflect the intent of the Legislature to fulfill important governmental interests of protecting students' dignity, health, safety, welfare, and privacy rights by enacting this neutral policy which simply treats equally those of the same and opposite biological sex "determined solely by a birth," without regard to the fluidity of how someone acts or feels.Added by Laws, 2024, ch. (number not assigned at time of publication), SB 2753,§ 2, eff. 5/13/2024.