Louisiana 2016 Regular Session

Louisiana Senate Bill SCR140

Introduced
5/31/16  
Introduced
5/31/16  
Refer
6/1/16  

Caption

Proposes response to federal directive on Title IX of the Educational Amendments of 1972 related to gender identity by the state and local school boards.

Impact

If passed, SCR140 aims to prevent local school boards and state agencies from implementing the May 2016 directives related to gender identity. The legislation intends to avoid forcing schools to allow transgender individuals into facilities and programs designated for the opposite biological sex. The resolution asserts a preference for maintaining traditional definitions of gender while safeguarding community values and safety, particularly in school environments where such policies are argued to potentially threaten privacy and security for all students.

Summary

SCR140 proposes a response by the Louisiana legislature to the U.S. Department of Education's directive concerning Title IX, which mandates that educational institutions treat a student's gender identity as their sex. The resolution articulates the concerns that this federal directive encroaches upon state sovereignty and alters the understanding of 'sex' under Title IX, which the bill argues should solely refer to biological male and female categories. This response includes urging the state attorney general to take legal measures against the enforcement of the directive until its constitutionality is determined by the courts.

Sentiment

The sentiment surrounding SCR140 is highly polarized, reflective of broader national debates on gender identity and rights. Supporters of the resolution argue it is crucial for maintaining state control over educational policies and protecting the integrity of sex-specific facilities. In contrast, opponents of the bill perceive it as a discriminatory measure that could jeopardize the rights and safety of transgender students, highlighting the ongoing struggle between state legislation and federal policies on civil rights.

Contention

Notably, SCR140 raises significant points of contention regarding its implications for equality and discrimination in educational settings. Critics worry about the adverse effects on transgender students, who may face increased discrimination or exclusion, while supporters contend that the bill serves to enhance the safety and privacy of all students. The resolution has the potential to ignite further legal battles over the interpretation of Title IX and the nature of gender identity within educational law.

Companion Bills

No companion bills found.

Previously Filed As

LA SR173

Proposes response to federal directive on Title IX of the Educational Amendments of 1972 related to gender identity by the state and local school boards.

LA AR126

Relative to Title IX.

LA SB332

Provides relative to gender identification discrimination. (8/1/16)

LA HCR54

Expressing the sense of Congress that title IX of the Education Amendments of 1972 applies to the National Collegiate Athletics Association (NCAA), and the National Collegiate Athletics Association (NCAA) should work to prevent discrimination on the basis of sex in its programs and activities.

LA SB5

Equality Act This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II. The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.) The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection. The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.

LA HB15

Equality Act This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings. Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II. The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.) The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection. The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.

LA HB2439

Relating to gender identity.

LA SR40

Relative to the 49th anniversary of Title IX.

LA SCR11

Urge excluding sexual orientation, gender identity from Title IX

LA SR41

Relative to Title IX.

Similar Bills

NJ SJR73

Designates November of each year as "Transgender Awareness Month."

NJ SJR137

Designates November of each year as "Transgender Awareness Month."

NJ AJR236

Designates November of each year as "Transgender Awareness Month."

NJ AJR113

Designates November of each year as "Transgender Awareness Month."

DE HCR105

Recognizing March 31st As International Transgender Day Of Visibility In The State Of Delaware.

DE HCR31

Recognizing March 31st As International Transgender Day Of Visibility.

CA AB2218

Transgender Wellness and Equity Fund.

DE HCR22

Recognizing March 31st As International Transgender Day Of Visibility In The State Of Delaware.