Safeguarding Honest Speech Act
The Safeguarding Honest Speech Act would bar the use of federal funds to implement, administer, or enforce any rule, policy, guidance, recommendation, or memorandum that requires federal employees or contractors to refer to individuals by their preferred pronouns (if those pronouns conflict with the person’s sex) or by a name other than their legal name. It establishes a federal enforcement mechanism that includes a private right of action against the responsible federal agency or department, with potential injunctive relief, compensatory or punitive damages (up to $100,000), and attorney’s fees. The Act defines “sex” as biological characteristics at birth, effectively excluding gender identity from recognition for purposes of these rules. The measure is introduced in the Senate and currently referred to a committee. In short, the bill would constrain federal agencies from adopting or enforcing policies that require pronoun or name usage aligned with gender identity, and would allow individuals to sue federal agencies if they believe such requirements were imposed using federal funds.
Key Points
- 1Prohibition on federal funds: No federal funds may be used to implement, administer, or enforce rules or policies that require use of someone’s preferred pronouns (if they conflict with the person’s sex) or a name other than the person’s legal name.
- 2Broad applicability to federal personnel and contractors: Applies to any federal employee or contractor of a federal agency or department.
- 3Enforcement and remedies: A formal response must be issued within 30 days after a written notice of alleged violation; a private civil action may be filed if the outcome is unsatisfactory.
- 4Damages and fees: Courts may award temporary or permanent injunctive relief, compensatory damages, punitive/exemplary damages up to $100,000, and attorneys’ fees.
- 5Time limit for action: Actions must be filed within 1 year of the alleged violation.
- 6Definitions: “Person” means an individual; “Sex” is defined as sex recognized based solely on reproductive biology and genetics at birth.