What This Bill Does
This is a Senate resolution that asks the Senate to reaffirm certain legal protections for women under federal law. The resolution states that biological differences exist between males and females and argues that these differences have led to recent court rulings that need clarification.
Who It Affects
Federal courts and judges, state and local government agencies that collect data on sex, schools and athletic programs, prisons, domestic violence shelters, and any organization or business operating under federal law.
Key Provisions
• The Senate reaffirms that "sex" in federal law means a person's biological sex (male or female) at birth. (Section 1)
• The words "woman" and "girl" refer to human females, and "man" and "boy" refer to human males for purposes of federal law. (Section 2)
• The word "mother" means a parent of female sex and "father" means a parent of male sex. (Section 3)
• The Senate states there are important reasons to distinguish between the sexes in athletics, prisons, domestic violence shelters, restrooms and other areas involving biology, safety, and privacy. (Section 4)
• State and local government agencies must base sex data they collect or report under federal antidiscrimination laws on a person's biological sex at birth. (Section 6)
Important Definitions
The bill defines "sex" as biological sex at birth. It defines "woman," "girl," "man," "boy," "mother," and "father" based on biological sex.
III
118TH CONGRESS
1ST SESSION
S. RES. 53
Establishing a Women’s Bill of Rights to reaffirm legal protections afforded
to women under Federal law.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mrs. HYDE-SMITH (for herself, Mr. RUBIO, Mr. CRUZ, Ms. LUMMIS, Mr. LEE,
and Mrs. BRITT) submitted the following resolution; which was referred
to the Committee on the Judiciary
RESOLUTION
Establishing a Women’s Bill of Rights to reaffirm legal
protections afforded to women under Federal law.
Whereas males and females possess unique and immutable bi-
ological differences that manifest prior to birth and in-
crease as they age and experience puberty;
Whereas biological differences between the sexes mean that
only females may get pregnant, give birth, and breastfeed
children;
Whereas biological differences between the sexes mean that
males are, on average, larger in size and possess greater
body strength than females;
Whereas biological differences between the sexes can expose
females to more harm than males from specific forms of
violence, including sexual violence;
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•SRES 53 IS
Whereas women have achieved inspirational and significant
accomplishments in education, athletics, and employment;
and
Whereas recent misguided court rulings related to the defini-
tion of ‘‘sex’’ have led to endangerment of spaces and re-
sources dedicated to women, thereby necessitating clari-
fication of certain terms: Now, therefore, be it
Resolved, That the Senate reaffirms that—
1
(1) for the purposes of Federal law, the ‘‘sex’’
2
of an individual means his or her biological sex (ei-
3
ther male or female) at birth;
4
(2) for the purposes of Federal laws addressing
5
sex, the terms ‘‘woman’’ and ‘‘girl’’ refer to human
6
females, and the terms ‘‘man’’ and ‘‘boy’’ refer to
7
human males;
8
(3) for the purposes of Federal law, the word
9
‘‘mother’’ means a parent of the female sex and ‘‘fa-
10
ther’’ is defined as a parent of the male sex;
11
(4) there are important reasons to distinguish
12
between the sexes with respect to athletics, prisons,
13
domestic violence shelters, restrooms, and other
14
areas, particularly where biology, safety, and privacy
15
are implicated;
16
(5) policies and laws that distinguish between
17
the sexes are subject to intermediate constitutional
18
scrutiny and permitted when they serve an impor-
19
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•SRES 53 IS
tant governmental objective and are substantially re-
1
lated to achieving that objective; and
2
(6) for the purposes of complying with Federal
3
laws that require State and local government agen-
4
cies to collect or report data disaggregated by sex,
5
such as Federal antidiscrimination laws, agencies
6
are required to base such data on the biological sex
7
of individuals at birth.
8
Æ
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