Protecting Motherhood Act
- Sponsor
- Rep. Biggs, Sheri [R-SC-3]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Jan 23, 2026
Bottom line
This bill mandates specific gendered language in federal agency documents, aiming to standardize terminology related to pregnancy and parenthood around traditional biological definitions.
What it actually does
This bill prohibits federal agencies from using the term "birthing person" or any variation thereof in any official document, including regulations, guidance, forms, or communications. It explicitly permits agencies to use terms such as "female," "mother," "pregnant female," "pregnant woman," or "woman" when referring to individuals who are pregnant, giving birth, or are parents of a child. The bill also provides specific definitions for these terms, largely grounding them in biological sex at conception.
Proponents argue
Supporters argue the bill upholds the biological reality of motherhood and the distinct role of women in giving birth, asserting that terms like "birthing person" are imprecise, dehumanizing, and undermine the unique identity of women. They contend that using clear, traditional language in official documents is essential for clarity, accuracy, and respecting established societal norms.
Opponents contend
Opponents contend that the bill is discriminatory and exclusionary, particularly towards transgender men and non-binary individuals who can give birth but do not identify as women or mothers. They argue that inclusive language like "birthing person" is necessary to accurately reflect diverse experiences and avoid misgendering individuals, promoting a more welcoming and respectful environment in federal communications.
The bill is exceptionally short and straightforward, allowing for a quick and complete understanding of its provisions within minutes.
Section 2(a)
Prohibition on Use of the Term "Birthing Person"
This provision explicitly forbids any federal agency from using the term "birthing person" or any similar variation in any official document. This includes regulations, guidance, forms, and all forms of communication issued by federal agencies, thereby mandating a shift away from gender-neutral language in federal contexts related to childbirth.
Supporters argue
Supporters argue this prohibition restores clarity and precision to federal language, ensuring that official documents accurately reflect biological realities and the unique experience of women in childbirth. They believe "birthing person" is an unnecessary and confusing term that diminishes the concept of motherhood.
Critics contend
Opponents contend that this prohibition is discriminatory and erases the identities of transgender men and non-binary individuals who give birth. They argue it forces federal agencies to use language that may misgender individuals and creates an unwelcoming environment for diverse populations.
Tradeoffs
The provision balances the desire for traditional, biologically-defined language in federal documents against the demand for inclusive language that acknowledges diverse gender identities among individuals capable of giving birth.
Section 2(b) and 2(c)
Permitted Terminology and Definitions
This section specifies that federal agencies *may* use terms like "female," "mother," "pregnant female," "pregnant woman," or "woman" when referring to individuals who are pregnant, giving birth, or are parents. It then provides explicit definitions for these terms, largely grounding them in biological sex at conception and adult human female identity, thereby establishing a framework for acceptable terminology.