Text of OK SJR 36 (2017)

Req. No. 134 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 56th Legislature (2017) SENATE JOINT RESOLUTION 36 By: Brecheen AS INTRODUCED A Joint Resolution stating the findings by the Legislature on federal regulation and the Tenth Amendment; providing historical statements on federal and state government relations; stating non- authorization for United States Department of Education regulation on states; providing medical citation for certain conditions; declaring regulations from the United States Department of Education are void in regard to transgender education and procedure; directing distribution; and declaring an emergency. WHEREAS, the Legislature of Oklahoma makes the following findings: the Tenth Amendment to the Constitution for the United States reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and WHEREAS, the Tenth Amendment defines the total scope of federal power as being that which is specifically granted by the Constitution for the United States and no more; and WHEREAS, Article VI of the Constitution for the United States provides that federal laws are supreme only when made "in pursuance" of the Constitution for the United States; and Req. No. 134 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the scope of power defined by the Tenth Amendment means that the Federal Government was created by the states specifically to be an agent of the states and not vice versa; and WHEREAS, the regulation making authority of the United States Department of Education (DOE) is not authorized by any article or amendment of the Constitution for the United States and violates the Constitution's true meaning and intent as given by the founders and ratifiers; and WHEREAS, gender is established at fertilization, governmental regulations notwithstanding; and WHEREAS, American College of Pediatricians made the following statement: "The American College of Pediatricians (ACPeds) urges educators and legislators to reject all policies that condition children to accept as normal a life of chemical and surgical impersonation of the opposite sex. Facts – not ideology – determine reality," (https://www.acpeds.org/gender-dysphoria-in-childrensummary- points) "Conditioning children into believing [that] a lifetime of chemical and surgical impersonation of the opposite sex is normal and healthful is child abuse." (http://unitedfamilies.org/bioethics/american-college- ofpediatricians-gender-ideology-harms-children/) Req. No. 134 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 "Endorsing gender discordance as normal via public education and legal policies will confuse children and parents, leading more children to present to 'gender clinics' where they will be given puberty-blocking drugs. This, in turn, virtually ensures that they will 'choose' a lifetime of carcinogenic and otherwise toxic cross- sex hormones, and likely consider unnecessary surgical mutilation of their healthy body parts as young adults." (https://www.acpeds.org/gender-dysphoria-in-childrensummary- points) NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 56TH OKLAHOMA LEGISLATURE: SECTION 1. Based on the findings in this resolution, all regulations imposed by the United States Department of Education (DOE) concerning transgender education or procedures are void in Oklahoma. SECTION 2. The Secretary of State is hereby directed to distribute copies of this resolution to the Governor. SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this resolution shall take effect and be in full force from and after its passage and approval. 56-1-134 MD 1/19/2017 7:42:43 PM