President Donald Trump has taken concrete steps to rid the federal government of wokeness. As was previewed before he even took office for his second term, he's aiming to roll back by executive order the Diversity, Equity, and Inclusion (DEI) nonsense that infected the Biden-Harris administration. He's certainly delivered. Republicans in Congress are looking to do the same, to ensure that Trump's executive orders are made into law and a future administration can't bring it all back. This week, Sen. Ted Cruz (R-TX) introduced the Safeguarding Honest Speech Act.
Such a bill "prohibits the use of federal funds to enforce policies requiring employees to use preferred pronouns or names that differ from an individual’s legal name," according to a release from the senator's office shared with Townhall. "The Safeguarding Free Speech Act protects the First Amendment rights to freedom of speech and free exercise of religion by prohibiting federal agencies from forcing government employees or contractors to use another person’s preferred pronouns," the released added. The bill's text also makes clear that "no Federal funds may be used" for such purposes.
In a quote for Townhall, Cruz emphasized the need for such a bill, especially with what Americans were subjected to under the previous administration. "The Biden administration stretched anti-discrimination and anti-harassment guidance to coerce federal employees into using other employees' 'preferred pronouns,' in contradiction of biological reality, freedom of conscience, and freedom of speech. The Trump administration put an end to that absurdity, but Congress should take action to ensure it never happens again," the senator shared.
The bill also includes enforcement provisions, as all federal agencies and departments must have issue a formal response within 30 days of a written notice of an alleged violation. Employees can also file a private right of civil action if they are not met with "a satisfactory action." Relief may include compensatory damages as well as punitive or exemplary damages not exceeding $100,000 and "reasonable fees for attorneys."
Cruz also introduced the bill in November 2023, not long after the Department of Health and Human Services (HHS) under the Biden-Harris administration issued a troubling woke policy, a new "Gender Identity Non-Discrimination and Inclusion Policy for Employees and Applicants."
An October 11, 2023 email from HHS began by wishing recipients a "Happy National Coming Out Day!" There was some fluff about "individuals bring[ing] their whole selves to work," as well as a specific mention of "transgender and non-binary employees" being able to "feel safe and seen."
Not only did such an email announce a new policy involve "safeguarding... all employees' gender expressions," but the department claimed to be "proud" to make such an announcement. The email went on to outline how such "guidance also makes clear that all employees should be addressed" using "the names and pronouns they use to describe themselves." Employees were also permitted to wear clothing and use the restrooms that were "in accordance with their gender identity," rather than their biological sex.
"Ultimately, this policy is about how all of us who work at HHS deserve to be treated with dignity at work," the email concluded, as it also thanked recipients for "helping to make HHS such a welcoming and affirming workplace," as if they really had a choice.
Here’s the HHS Pronoun Mandate more clearly. This admin really is requiring pure ideological conformity. Let’s see how tolerant this admin will be of those who will seek an opt-out out of faith or compelled speech concerns. pic.twitter.com/yhlTZIkBxc
— Roger Severino (@RogerSeverino_) October 11, 2023
As the release from Cruz's office warns, such a speech mandate that was under the Biden-Harris administration "violates the First Amendment by compelling government employees and contracts to affirm the idea that a person’s “gender identity” can be separated from their biological sex." The mandate was a violation of the Free Speech Clause and Free Exercise Clause.
While Americans' First Amendment rights are to be protected under the second Trump administration, it behooves Congress to take action so as to ensure another woke future administration can't get away with trying to pull the same stunt.
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