Freshman Legislator To Reintroduce Bill To Define Gender At Birth In Wyoming

Casper Republican Jayme Lien promises to reintroduce one of the most high-profile bills of the last session in the What is a Woman Act. It would define gender as a person’s biological sex at birth for use of bathrooms and other public facilities.

LW
Leo Wolfson

December 19, 20244 min read

State Rep.-elect Jayme Lien, R-Casper
State Rep.-elect Jayme Lien, R-Casper (Courtesy Photo)

Although outgoing state Rep. Jeanette Ward, R-Casper, won’t be in office much longer, the conservative firebrand may have the best shot of getting one of her bills passed in the upcoming session with a Legislature that has shifted noticeably to the right after the general election.

That’s because Rep.-elect Jayme Lien, R-Casper, is bringing back Ward’s “What Is a Woman Act” for the upcoming legislative session. The bill, which narrowly failed to be considered in the 2024 session, would officially define in state law what constitutes a female and a male and would restrict the definitions to a person’s biological sex at birth.

“The objective is to protect the health, safety and privacy of all Wyomingites,” Lien said. “I am honored to carry Representative Ward's bill to codify into law what it means to be woman and a man in the state of Wyoming.”

Ward made it no secret that the bill is aimed at restricting transgender people, a controversial political topic in Wyoming. Among other things, the legislation would require people to use bathrooms, locker rooms and other facilities as determined by their biological sex at birth.

In 2023, a lawsuit was filed by six members of the University of Wyoming chapter of the Kappa Kappa Gamma sorority against its organization over its induction of a transgender member.

This lawsuit was dismissed at the District Court level, appealed to and dismissed again this past summer by the 10th Circuit Court of Appeals in Denver.

This year, controversy erupted over a transgender player competing on the San Jose State volleyball team. The UW volleyball team forfeited both of its matches against the squad.

What It Would Do

Under the proposed legislation, the female gender would be defined as a person whose biological reproductive system is developed to produce ova and or who exhibits XX chromosomes and does not exhibit a Y chromosome. The male gender would be restricted to a person whose biological reproductive system is developed to fertilize the ova of a female and or who exhibits XY chromosomes or exhibits a Y chromosome.

Lien told Cowboy State Daily that protecting private spaces in Wyoming, like domestic violence shelters, locker rooms, restrooms and other areas where safety or privacy is important for both women and men, was a subject she frequently heard about while door-knocking for her campaign this past summer. Specifically, she said her constituents requested separate bathroom and locker room spaces for men and women.

“This bill will codify into law the definition of a woman and a man,” Lien said. “I am doing the work for my constituents, and the whole state of Wyoming.” 

The bill is the same as Ward’s bill brought earlier this year, which fell five votes shy of receiving the necessary two-thirds vote for introduction during the budget session.

Those who voted against the bill offered reasons such as it being too narrowly tailored to the sorority lawsuit, an unnecessary piece of legislation for Wyoming due to its low transgender population, and a bill that should not be considered during a budget session.

Lien’s predecessor, Rep. Tom Walters, R-Casper, who she beat in the Republican primary, voted against Ward’s bill.

Ward lost her primary to Rep.-elect Julie Jarvis, R-Casper.

Ward, like many members of the Wyoming Freedom Caucus, is known for exhibiting a sometimes brash, outspoken nature, unafraid to vocally criticize members of legislative leadership. Ward also raised some eyebrows in Casper for publicly criticizing local businesses that sponsored an LGBTQ Pride event in 2023.

Chances Of Passing

The bill will have a much higher chance of passing into law this year for a couple of reasons.

Most importantly, since this year’s legislative session isn’t a budget session, bills only need a majority vote to receive introduction and be referred to a committee.

Also significant is the fact that the Freedom Caucus took over a majority in the House.

The Legislature already passed a bill earlier this year prohibiting Wyoming doctors from providing transgender treatments to minors in the state.

Although Lien said she respected Ward’s time in office and was endorsed by the Freedom Caucus in her campaign, Lien claims she won’t be beholden to any groups or people. She plans to use Ward’s term in office as a foundation for her own time in the House.

“I am here to work for my constituents and the people of Wyoming, the way the government was intended,” Lien said. “Representative Ward laid a solid foundation for What is a Woman in the prior session talking to colleagues. I hope to continue to build on her foundation and give this bill the most momentum possible to move ahead this session.”

 

Leo Wolfson can be reached at leo@cowboystatedaily.com.

Authors

LW

Leo Wolfson

Politics and Government Reporter