Fair Sentencing Act

This bill, titled the “Fair Sentencing Act,” would bar federal courts from treating a defendant’s perceived gender identity as a mitigating factor in sentencing, specifically when that factor is directly relevant to history or rehabilitation. It defines “perceived gender identity” as a self-identified gender distinct from biological sex. The measure would restructure the way gender identity is treated in Section 3553 of Title 18, and it would require the U.S. Sentencing Commission to amend the Guidelines within 30 days of enactment to implement this prohibition. In addition, the bill would make a series of conforming amendments to related statutory provisions across Title 18, the Cyber Security Enhancement Act of 2002, and Title 28, to align references with the new framework. In practical terms, if enacted, judges would be prohibited from considering a defendant’s gender identity (as defined) as a mitigating factor tied to history or rehabilitation in federal sentencing. The bill does not explicitly state that gender identity could not influence any other aspect of sentencing, but it does remove it as a mitigating consideration. The overall intent appears to be to standardize sentencing factors by excluding gender identity from mitigating considerations, while requiring guideline updates to reflect this change.