1296 AMH RUDE MOET 422

HB 1296 - H AMD 366

By Representative Walsh

OUT OF ORDER 03/12/2025

On page 5, after line 11, insert the following:

"(5) The discrimination protections based on gender identity and gender expression required by this section do not extend to individuals who utilize non-human gender identities and expressions. This subsection (5) does not limit protections against discrimination on the basis of other characteristics, including race, disability, or other legally protected classes for individuals who utilize non-human gender identities and expressions.

(6) For the purposes of this section:

(a) "Gender identity" and "gender expression" means those aspects of identity and self-presentation that correspond to human gender categories as generally understood in social, cultural, and legal contexts;

(b) "Non-human gender identity and expression" means gender identities that identify with or express characteristics associated with non-human entities, such as animals, mythological creatures, or abstract concepts, and do not fall within the generally accepted categories of human gender identity and expression; and

(c) "Human gender identity and expression" means a gender identity that aligns with human biological sex or socioculturally recognized human gender categories, including male, female, and non-binary.

Sec. RCW 28A.642.010 and 2010 c 240 s 2 are each amended to read as follows:

(1) Discrimination in Washington public schools on the basis of race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability is prohibited. The definitions given these terms in chapter 49.60 RCW apply throughout this chapter unless the context clearly requires otherwise.

(2) For the purposes of this section, "gender expression or identity" does not include or apply to non-human gender identities and expressions as defined in RCW 28A.642.080."

Renumber the remaining sections consecutively and correct any internal references accordingly.

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