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Fair Sentencing: Gender Identity Cannot Mitigate Federal Criminal Penalties.

This act amends federal law to prohibit courts from considering a defendant's perceived gender identity as a mitigating factor during sentencing. This ensures that self-identified gender cannot be used to argue for a lighter sentence in federal criminal cases. The goal is to standardize sentencing, focusing strictly on the crime committed and the defendant's history, regardless of their gender identity.
Key points
Federal courts are explicitly banned from using a defendant's perceived gender identity as a reason to reduce a criminal sentence.
The law defines "perceived gender identity" as self-identified gender distinct from biological sex.
The U.S. Sentencing Commission must revise its guidelines within 30 days to reflect this prohibition.
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Status: Introduced
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Additional Information
Print number: 119_S_3003
Sponsor: Sen. Cotton, Tom [R-AR]
Process start date: 2025-10-14