Louisiana 2016 Regular Session

Louisiana Senate Bill SR173

Introduced
5/31/16  
Introduced
5/31/16  

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

The resolution explicitly seeks to prevent the implementation of this federal directive within Louisiana's state and local educational institutions, arguing that federal agencies do not possess the authority to alter existing federal laws without Congressional action. SR173 asserts that allowing anatomical males access to women's facilities poses significant safety concerns, and claims that the directive infringes on state rights and responsibilities regarding the management of state-owned properties.

Summary

Senate Resolution 173 (SR173) addresses the federal 'joint guidance' directive issued on May 13, 2016, by the U.S. Department of Education and the U.S. Department of Justice, which required educational institutions receiving federal funds to recognize a student's gender identity as their sex for the purposes of Title IX of the Education Amendments of 1972. This directive aimed to prohibit discrimination against transgender students and includes specific requirements regarding access to facilities such as bathrooms and locker rooms, as well as participation in gender-segregated sports.

Sentiment

The sentiment surrounding SR173 is contentious. Proponents view the resolution as a necessary defense of state sovereignty and safety for women and girls, arguing that the federal government's actions represent overreach and a threat to established norms. However, opponents criticize the resolution as discriminatory, suggesting it undermines the rights of transgender individuals and fosters an environment of exclusion and fear.

Contention

Notable points of contention include the interpretation of 'sex' under Title IX, with supporters of SR173 arguing that it is biologically determined and should not be conflated with gender identity. The resolution raises legal and philosophical questions about the definitions of gender and the rights of individuals in educational settings, putting forth the claim that federal guidelines conflict with what is considered biological truth within the state. This tension highlights broader cultural and political divisions surrounding issues of gender identity in society.

Companion Bills

No companion bills found.

Previously Filed As

LA SCR140

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 SCR11

Urge excluding sexual orientation, gender identity from Title IX

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 SR40

Relative to the 49th anniversary of Title IX.

LA HB2439

Relating to gender identity.

LA SR41

Relative to Title IX.

Similar Bills

NJ SJR137

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

NJ AJR113

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

NJ AJR236

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

NJ SJR73

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.