S.J.Res. 42A 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".

1 recorded action22 of these members are on the 2026 ballotWhat the measure does Read on Congress.gov

Sponsor: Roger Marshall [R-KS]
Cosponsors: 19 · 19 Republicans
Policy area: Agriculture and Food
Committee: Agriculture, Nutrition, and Forestry Committee
Latest action: Oct 26, 2023 · Failed of passage in Senate by Yea-Nay Vote. 47 - 50. Record Vote Number: 272.

IntroducedJul 27, 2023
Failed in the SenateOct 26, 2023
Passed the HouseNot yet reached
Sent to the PresidentNot yet reached
Became lawNot yet reached

What the measure doesCRS summary

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.

Written by the nonpartisan Congressional Research Service, describing S.J.Res. 42 as introduced in Senate on Jul 27, 2023. It is not the text of the measure; a later amendment may have changed what it does.

How every member votedSenate roll call 272

Senate Oct 26, 2023

On the Joint Resolution

S.J. Res. 42

Joint Resolution Defeated

47 Yea 50 Nay 3 not voting

Party-line vote 3 of 97 voting members broke with their own party: 1 Democrat, 2 Republicans.

Open the official roll call

How the chamber split

One dot per member. Select a seat or a bar to filter the list.

DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present

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All members100 members

Democratic48 members

Independent3 members

Republican49 members

marks half of the votes cast. A party’s majority is the side most of its voting members took.

Cosponsors19 · 19 Republicans

Signing on is not a vote: a member can cosponsor S.J.Res. 42 and vote against it. 9 signed when it was filed.

Who lobbied on S.J.Res. 424 organizations

Organizations that named S.J.Res. 42 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.

HUMAN RIGHTS CAMPAIGNIts PAC: Human Rights Campaign PAC

Law Enforcement/Crime/Criminal Justice · Defense · Civil Rights/Civil Liberties · Taxation/Internal Revenue Code +6 more6 filings · 4th Quarter (Oct 1 - Dec 31) 2024Filing

CONCERNED WOMEN FOR AMERICA LEGISLATIVE ACTION COMMITTEE

Veterans · Family issues/Abortion/Adoption · Defense · Foreign Relations +3 more1 filing · 4th Quarter (Oct 1 - Dec 31) 2023Filing

FAMILY RESEARCH COUNCIL

Health Issues · Civil Rights/Civil Liberties · Constitution · Taxation/Internal Revenue Code +2 more1 filing · 3rd Quarter (July 1 - Sep 30) 2023Filing

HERITAGE ACTION FOR AMERICA

Immigration · Financial Institutions/Investments/Securities · Foreign Relations · Labor Issues/Antitrust/Workplace +9 more1 filing · 4th Quarter (Oct 1 - Dec 31) 2023Filing

9 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.