[Congressional Record Volume 169, Number 27 (Thursday, February 9, 2023)]
[Senate]
[Page S331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 53--ESTABLISHING A WOMEN'S BILL OF RIGHTS TO REAFFIRM 
         LEGAL PROTECTIONS AFFORDED TO WOMEN UNDER FEDERAL LAW

  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:

                               S. Res. 53

       Whereas males and females possess unique and immutable 
     biological differences that manifest prior to birth and 
     increase 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;
       Whereas women have achieved inspirational and significant 
     accomplishments in education, athletics, and employment; and
       Whereas recent misguided court rulings related to the 
     definition of ``sex'' have led to endangerment of spaces and 
     resources dedicated to women, thereby necessitating 
     clarification of certain terms: Now, therefore, be it
       Resolved, That the Senate reaffirms that--
       (1) for the purposes of Federal law, the ``sex'' of an 
     individual means his or her biological sex (either male or 
     female) at birth;
       (2) for the purposes of Federal laws addressing sex, the 
     terms ``woman'' and ``girl'' refer to human females, and the 
     terms ``man'' and ``boy'' refer to human males;
       (3) for the purposes of Federal law, the word ``mother'' 
     means a parent of the female sex and ``father'' is defined as 
     a parent of the male sex;
       (4) there are important reasons to distinguish between the 
     sexes with respect to athletics, prisons, domestic violence 
     shelters, restrooms, and other areas, particularly where 
     biology, safety, and privacy are implicated;
       (5) policies and laws that distinguish between the sexes 
     are subject to intermediate constitutional scrutiny and 
     permitted when they serve an important governmental objective 
     and are substantially related to achieving that objective; 
     and
       (6) for the purposes of complying with Federal laws that 
     require State and local government agencies to collect or 
     report data disaggregated by sex, such as Federal 
     antidiscrimination laws, agencies are required to base such 
     data on the biological sex of individuals at birth.

                          ____________________