Indiana Senate Passes Bill Defining Sex and Gender Statewide

Legislation would require schools, colleges, and prisons to make decisions based on biological sex rather than gender identity.

Jan. 28, 2026 at 4:47pm

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The Indiana Senate has passed a bill, Senate Bill 182, that would define 'male,' 'female,' 'sex,' and 'gender' across state law. The bill would require public schools, colleges, and correctional facilities to make decisions based on a person's sex as defined by reproductive biology, rather than gender identity. Supporters say the bill provides clarity and protects privacy, while opponents argue it targets transgender people and could lead to discrimination.

Why it matters

This bill is part of a broader national debate over transgender rights and the extent to which biological sex or gender identity should determine access to certain public spaces and facilities. Proponents argue the legislation is necessary to protect privacy and safety, while critics contend it is discriminatory and could expose schools and colleges to legal challenges.

The details

Under the bill, students would be required to use multi-occupancy bathrooms and locker rooms that align with the sex listed on their birth certificate. Schools and colleges would also be required to designate dorms and changing areas exclusively for males or females, with limited exceptions. The bill allows individuals to bring civil lawsuits against schools that fail to enforce the rules. SB 182 also mandates that incarcerated individuals be assigned to prisons or correctional programs based on their sex, rather than gender identity. Another provision would limit changes to the sex designation on birth certificates.

  • The Indiana Senate passed SB 182 on January 28, 2026.

The players

Senate Bill 182

A bill that would define 'male,' 'female,' 'sex,' and 'gender' across Indiana law and require public schools, colleges, and correctional facilities to make decisions based on a person's biological sex rather than gender identity.

Sen. Liz Brown

One of the authors of SB 182, who said the legislation is intended to protect students and families by ensuring that 'boys are boys, girls are girls, men are men, women are women.'

ACLU of Indiana

A civil rights group that strongly opposes SB 182, arguing that it erases transgender identities and could make everyday situations more dangerous for the transgender community.

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What they’re saying

“'Boys are boys. Girls are girls, men are men, women are women. When we go into the women's bathroom, we expect to just see women there, and we want to make sure our children are safe, whether they're in school, on a class trip, or going off to college.'”

— Sen. Liz Brown, Bill Author (wane.com)

“'This kind of erasure alone is deeply harmful to the community. It can open people up to potential harassment and make them feel less safe when they're just trying to use the restroom.'”

— Laura Forbes, ACLU of Indiana (wane.com)

What’s next

SB 182 now heads to the Indiana House for further consideration.

The takeaway

This bill reflects the ongoing debate over transgender rights and the extent to which biological sex or gender identity should determine access to public spaces. While supporters argue the legislation is necessary to protect privacy and safety, critics contend it is discriminatory and could expose schools and colleges to legal challenges.