Civil Rights Uniformity Act of 2016

To repeal executive overreach, to clarify that the proper constitutional authority for social transformation belongs to the legislative branch. 1. Short title This Act may be cited as the Civil Rights Uniformity Act of 2016. 2. Congressional findings and declaration of purpose (a) Findings Congress finds the following: (1) Over the past half century, Congress has passed numerous civil rights laws prohibiting discrimination on the basis of sex, (2) For years, advocates have pressed Congress to include a person’s subjective self-declared gender identity actual or perceived gender-related characteristics gender (3) This demonstrates that when Congress wants to protect sex, it does so explicitly; when it wants to also elevate gender identity it does so explicitly; and when it does not want to elevate gender identity, it can do so either explicitly or by simply not disturbing the status quo. (4) Despite the complete clarity of this point, President Barack Obama’s administration has attempted to effectively replace the word sex gender identity (5) For example, on December 15, 2014, Attorney General Eric Holder announced that the Department of Justice would reinterpret the ban on sex gender identity. sex (6) On May 9, 2016, the Obama administration sued the State of North Carolina and threatened it with fines and loss of Federal funding if it did not adopt the administration’s incorrect readings of title VII of the Civil Rights Act of 1964 and title IX of the Education Amendments of 1972. (7) On May 13, 2016, the Departments of Justice and Education issued a “significant guidance” letter stating that under title IX of the Education Amendments of 1972 “when a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.” The guidance further states that schools “must treat a student’s gender identity as the student’s sex” including in the context of “sex-segregated restrooms, locker rooms, shower facilities, housing, and athletic teams, as well as single-sex classes.” In other words, the Departments consider it a title IX violation if a person of the male sex who self-identifies as a female is not granted unfettered access to women’s or girls’ dorms, showers, locker rooms, and bathrooms. This, despite assurance that such a thing would never happen from the likes of Ruth Bader Ginsburg who wrote in 1975 that “separate places to disrobe, sleep, perform personal bodily functions are permitted, in some situations required, by regard for individual privacy.” This position was codified in Federal regulations, 34 CFR 106.33, which state that recipients of Federal funds “may provide separate toilet, locker room, and shower facilities on the basis of sex,” with sex obviously referring to biology. (8) Also on May 13, 2016, the Department of Health and Human Services finalized regulations that redefined the Affordable Care Act’s prohibition on sex gender identity gender transition sex change (9) The Obama administration’s actions are an affront to the rule of law, the separation of powers, the will of the people, language, history, safety, privacy, and biological realities. (b) Purpose The purposes of this Act are— (1) to prevent the executive branch from unilaterally rewriting Federal civil rights laws by enacting or implementing any policy or undertaking any enforcement action that is based on construing the term sex gender gender identity (2) to ensure that gender identity is not treated as a protected class in Federal law or policy without the affirmative approval of the people’s representatives in Congress. 3. Prohibition of policies redefining sex to mean gender identity (a) Rule of Construction In determining the meaning of any Federal civil rights law, and of any related ruling, regulation, guidance, or interpretation of the various administrative bureaus and agencies of the United States, the words sex gender gender identity man woman (b) Rule of Interpretation No Federal civil rights law shall be interpreted to treat gender identity or transgender status as a protected class, unless such law expressly designates gender identity transgender status (c) Definition of Federal civil rights law For purposes of this Act, the term Federal civil rights law 20 U.S.C. 1681 et seq. 42 U.S.C. 2000a et seq. 42 U.S.C. 3601 et seq. Public Law 111–148

Summary: Civil Rights Uniformity Act of 2016 This bill prohibits the word "sex" or "gender" from being interpreted to mean "gender identity," and requires "man" or "woman" to be interpreted to refer exclusively to a person's sex, for purposes determining the meaning of federal civil rights laws or related federal administrative agency regulations or guidance. No federal civil rights law shall be interpreted to treat gender identity or transgender status as a protected class, unless it expressly designates "gender identity" or "transgender status" as a protected class.