A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to "Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update".
Policy Area: Agriculture and Food
Sponsor: Sen. Marshall, Roger [R-KS] (R-KS)
Latest Action (2023-10-26): Failed of passage in Senate by Yea-Nay Vote. 47 – 50. Record Vote Number: 272.
This joint resolution nullifies the policy update issued by the Food and Nutrition Service (FNS) on May 5, 2022, related to discrimination on the basis of gender identity and sexual orientation. The Government Accountability Office (GAO) deemed the policy update a rule on June 5, 2023, and therefore subject to the Congressional Review Act (CRA) requirement that a rule must be submitted to Congress and the GAO before it can take effect. The CRA also permits Congress to review and disapprove rules using specified procedures. In June 2020, the U.S. Supreme Court held in Bostock v. Clayton County that, under Title VII of the Civil Rights Act of 1964, the prohibition on sex discrimination in employment includes discrimination on the basis of sexual orientation and gender identity. The FNS determined that the Bostock analysis also applies to certain FNS-enforced requirements under the Food and Nutrition Act of 2008 and Title IX of the Education Amendments of 1972 because the requirements are sufficiently similar to those in the Civil Rights Act of 1964. The FNS rule concludes that the prohibitions against sex discrimination in the FNS-enforced statutes prohibit discrimination on the basis of gender identity and sexual orientation. The rule also directs state agencies and program operators to handle complaints alleging discrimination on the basis of gender identity and sexual orientation as complaints of prohibited sex discrimination.
Subjects: Administrative law and regulatory procedures, Congressional oversight, Department of Agriculture, Food assistance and relief, Poverty and welfare assistance, Sex, gender, sexual orientation discrimination
Filter by Yea, Nay, or Absent
How members voted on SJRES42. 150 total positions across all roll calls for this bill.
| Member | Date | Question | Vote | Result |
|---|---|---|---|---|
| Tammy Baldwin (D-Wisconsin) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| John Boozman (R-Arkansas) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Marsha Blackburn (R-Tennessee) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| John Barrasso (R-Wyoming) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Michael F. Bennet (D-Colorado) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Richard Blumenthal (D-Connecticut) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Cory A. Booker (D-New Jersey) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Ted Budd (R-North Carolina) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Shontel M. Brown (D-Ohio) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Katie Boyd Britt (R-Alabama) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Maria Cantwell (D-Washington) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Mike Crapo (R-Idaho) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Susan M. Collins (R-Maine) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Shelley Moore Capito (R-West Virginia) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| John Cornyn (R-Texas) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Bill Cassidy (R-Louisiana) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Christopher A. Coons (D-Delaware) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Tom Cotton (R-Arkansas) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Kevin Cramer (R-North Dakota) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Ted Cruz (R-Texas) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Catherine Cortez Masto (D-Nevada) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Richard J. Durbin (D-Illinois) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Steve Daines (R-Montana) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Tammy Duckworth (D-Illinois) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Joni Ernst (R-Iowa) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Deb Fischer (R-Nebraska) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| John Fetterman (D-Pennsylvania) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Lindsey Graham (R-South Carolina) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Chuck Grassley (R-Iowa) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Kirsten E. Gillibrand (D-New York) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| John W. Hickenlooper (D-Colorado) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Bill Hagerty (R-Tennessee) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Mazie K. Hirono (D-Hawaii) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Martin Heinrich (D-New Mexico) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| John Hoeven (R-North Dakota) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Margaret Wood Hassan (D-New Hampshire) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Cindy Hyde-Smith (R-Mississippi) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Josh Hawley (R-Missouri) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Ron Johnson (R-Wisconsin) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Amy Klobuchar (D-Minnesota) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Mark Kelly (D-Arizona) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Angus S. King (I-Maine) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Not Voting | Joint Resolution Defeated (47-50) |
| Tim Kaine (D-Virginia) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| John Kennedy (R-Louisiana) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Cynthia M. Lummis (R-Wyoming) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| James Lankford (R-Oklahoma) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Mike Lee (R-Utah) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Edward J. Markey (D-Massachusetts) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Nay | Joint Resolution Defeated (47-50) |
| Mitch McConnell (R-Kentucky) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
| Jerry Moran (R-Kansas) | 2023-10-26 | On the Joint Resolution S.J.Res. 42 | Yea | Joint Resolution Defeated (47-50) |
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