New law in NC only recognizes male, female sexes as part of HB 805; other mandates in the bill

RALEIGH, N.C. (WTVD) — Starting January 1, North Carolina will officially recognize only two sexes: male and female. This change stems from House Bill 805, a comprehensive measure passed by the State Legislature last summer.

“It’s just biology defining, so state law meets up with federal mandate and what biology says,” Rep. Neal Jackson, a Republican sponsor of the bill, said.

Initially, the bill focused on protecting minors and women from sexual exploitation, earning unanimous support in the House.

“I’ve been a pastor for the last 18 years and so many people are trapped from an early age (in the pornographic world),” Jackson said. “There’s so many sexual predators out there.”

Ashley Vaughan of the NC Values Coalition added, “It is common sense to have a consent form to make sure that every person depicted in pornographic images on a website has consented to be there and is an adult.”

The legislation mandates online operators to verify that individuals in pornographic images are at least 18 and have provided written consent for both the activity and distribution. It also requires operators to establish procedures for removing such content and grants the Attorney General’s Office authority to take civil action against violators.

SEE ALSO | New North Carolina laws take effect on Jan. 1, 2026

However, the bill expanded in the Senate to include provisions related to gender transition care for minors. These include blocking state funding for such care and extending the statute of limitations for legal action against doctors who provide transition-related care to minors, setting the statute of limitations to 10 years.

“A lot of times there are questions as to whether the person was really able to consent given their age or their state of mind when they were experiencing discomfort with their body,” said Vaughan.

Critics argue that these changes limit access to necessary care.

“If we truly want to protect children, then we need to make sure that their doctors and their parents have the best information available to them. That’s not going to happen if they can’t access books or health care services related to being trans,” said Kevin Dorman, a transgender individual who owns a private practice focusing on gender-affirming voice care. “No doctor wants to force children to transition. We all simply want to give our clients the best information.”

According to the UCLA School of Law Williams Institute, three percent of North Carolina’s youth population (aged 13-17) identifies as transgender compared to .5% of the state’s adult population.

“With this increased legislation against minors, there is even more vulnerability. There is less likelihood that they will be able to move forward with their transition at this critical juncture in their lives,” Dorman said.

In a statement, Kori Hennessey, Executive Director of the LGBT Center of Raleigh, wrote:

“No law will erase the history and lives of transgender and nonbinary people. HB 805 continues to take away the rights of many North Carolinians while endangering the lives of many more. Just like similar legislation in the past, these types of discriminatory laws do nothing to protect women and children.”

In December, the Department of Health and Human Services proposed actions to limit access to gender-affirming care to minors.

“So-called ‘gender affirming care’ has inflicted lasting physical and psychological damage on vulnerable young people. This is not medicine. It is malpractice. We’re done with junk science, driven by ideological pursuits, not the well-being of children,” said HHS Secretary Robert F. Kennedy.

The announcement from HHS drew pushback from several medical organizations.

The bill also modifies how birth and death certificates are handled, requiring the State Registrar to preserve both the original and updated certificates as a multi-page document. Critics say this could create inconsistencies in identification documents, complicating processes like applying for passports or jobs.

“That’s just going to make their life harder. It just feels like harassment to those people,” said Sen. Graig Meyer, a Democrat who represents Caswell, Orange, and Person counties.

For the 2025-2026 school year, the bill introduces policies allowing parents to restrict their children from borrowing specific library books and excusing students from classroom discussions or activities that conflict with their religious beliefs. It also prohibits students from sharing sleeping quarters with members of the opposite biological sex during school-authorized activities, with limited exceptions.

“The value of parents’ rights in education and in bringing their children up and their involvement in the school system, is just critically important. Even if it takes extra time and effort and some conversations, it is worth defending,” Vaughan said.

Both sides react

Rep. Laura Budd, a Democrat who represents Mecklenburg County and co-sponsored the original legislation, wrote in a statement to ABC11:

“House Bill 805 remains a deeply personal and important piece of legislation to me. It began as a bipartisan bill intended to protect people who are exploited in an industry that too often escapes accountability. The original bill gave people, the majority of whom are women, the right to: revoke consent, regain control of their images, and hold content providers responsible when that consent is violated. Sadly, H805 is now more known more for being mean spirited and targeting transgender individuals.

I deeply appreciate the efforts by the Governor and those legislators who fought to preserve the original legislation after it was co-opted into a cultural war propaganda piece by the NCGOP leadership.

As we enter 2026, I remain optimistic that the original purpose of H805 will be realized. If you are a victim of internet predators or the pornography industry, this law empowers you. And if you are a member of the LGBTQA+ community, know that I believe those sections that try to erase you are wrong and I will continue to fight for your right to treated with dignity and respect. “

Governor Josh Stein vetoed the bill, stating that while he strongly supported the initial version focusing on protecting people from exploitation, he charged the General Assembly of choosing “to engage in divisive, job-killing culture wars” for additional portions regarding sexual identity and gender transition.

In a statement following the veto, House Speaker Destin Hall wrote:

“By rejecting this bill, (Gov. Stein) has sided with radical activists over the overwhelming majority of North Carolinians who believe in parental rights, biological reality, and protecting women and children,” Hall said in a statement.

Ultimately, lawmakers overrode the veto with Democrat Rep. Nasif Majeed of Mecklenburg County joining Republicans to reach the 3/5 required to do so; the veto override vote in the Senate, where Republicans hold a supermajority, was along party lines.