Austin News

U.S. Senators Ted Cruz and James Lankford have expressed concerns over new guidance issued by the Department of Health and Human Services (HHS) regarding gender identity policies. The senators, along with Jim Risch, Mike Lee, Marco Rubio, and Steve Daines, sent a letter to HHS Secretary Xavier Becerra questioning the implications of the "Gender Identity Non-Discrimination and Inclusion Policy for Employees and Applicants."

The guidance in question outlines that failing to use an individual's preferred names and pronouns could contribute to an unlawful hostile work environment. It states that no legal change of name or gender marker is required for employees to compel coworkers to use their chosen identifiers.

Cruz and Lankford argue that this policy infringes on free speech rights and religious freedoms. They state, "This Guidance denies science, compels speech, jeopardizes the ability of federal employees to practice their faith without fear of retaliation, endangers women, and further erodes the American people’s trust in public institutions."

The senators also criticized the policy's stance on bathroom access, which ensures no barriers exist for accessing restrooms consistent with one's gender identity. They argue this could create discomfort for some employees.

Additionally, they questioned how this guidance aligns with scientific research conducted by HHS. The letter claims that gender is not merely a social construct but consists of two sexes: male and female.

The letter concludes with several questions directed at Secretary Becerra about exemptions for religious objections, employment consequences for non-compliance with the guidance, costs associated with updating materials to align with these policies, and the statutory authority behind the guidance.

The senators request answers by October 30.