North Carolina officially recognizes only two sexes -men and women- under new law in 2026
The Legislature by veto override of first-term Democratic Gov. Josh Stein established the law that took effect Thursday.
The logo of a man and a woman indicate the bathrooms (Files)
Only two sexes, boys or girls, will be recognized in all administrative rules, regulations and public policies for North Carolina starting Thursday.
The Legislature by veto override of first-term Democratic Gov. Josh Stein established the law on July 29. Sections have previously been enacted, and the main piece happens with the start of the new calendar year. North Carolina is the 18th state to define and recognize only men and women.
Biological sex, the legislation says, will be determined by 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, without regard to an individual’s psychological, chosen or subjective experience of gender.”
Prevent Sexual Exploitation/Women and Minors, as House Bill 805 is more formally known, is one of a dozen proposals that either in part of by section will be enacted this week. Sections 1 and 5 are being enacted.
The SCRIPT Act, as Senate Bill 479 is known, will provide more transparency in prescription drug costs. It also is designed to help protect independent pharmacies.
The sections enacted will be 5.2, 5.3, 8 (a, c), and 12.
The 2025 State Investment Modernization Act.-AB, known also as House Bill 506, creates a five-member investment authority to assist the state treasurer manage return retirement fund investments. North Carolina has been one of only three states in the U.S. that had a “sole fiduciary” governance model for the pension funds that gave authority for investments to the treasurer alone.
The North Carolina Retirement Systems manages eight pension plans for more than 1 million people and distributes $640 million each month in benefit checks.
The sections of the bill being enacted are 3.1-3.3, 4.2 and 5.1.
Other enactments include:
- House Budget Technical Corrections (House Bill 74). Sections 2.2 and 10.1.
- Birth Certificates for Persons Adopted (Senate Bill 248). Entire act.
- Various General Statutes Commission Recommendations (House Bill 40). Sections 50-56, 161.
- Amend Business Corporations Act (House Bill 388). Sections 8.1-8.7, 10.1-10.3, 11.1-11.2, 12.1-12.4, 12.6, 13(b).
- Accounting Workforce Development Act (Senate Bill 321). Entire act.
- Healthcare Workforce Reforms (House Bill 67). Sections 1 (a-h), 2 (a-d), 8 (a-c), 11.
- DOI Omnibus Bill (House Bill 737). Sections 3, 14.
- Various Real Estate and Business Law Changes (Senate Bill 690). Sections 1 (a-c, e), 5.
- Regulatory Reform Act of 2025 (House Bill 926). Sections 4, 31 (b).
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