Fair Sentencing Act

Full Title:
Fair Sentencing Act

Summary#

This bill would change federal sentencing rules so judges may not treat a defendant's perceived gender identity as a mitigating factor when deciding punishment. It amends 18 U.S.C. section 3553 to add a prohibition on considering "perceived gender identity" and defines that term as a person’s self-identified gender identity distinct from biological sex. The bill also makes conforming edits across other federal statutes and directs the United States Sentencing Commission to update the Sentencing Guidelines within 30 days to reflect the change. The sponsor listed is Senator Tom Cotton; the measure was introduced on October 14, 2025, and referred to the Judiciary Committee.

What it means for you#

  • Judges would be barred from using a defendant’s perceived gender identity as a reason to reduce a sentence.
  • The Sentencing Commission must change the Guidelines quickly (within 30 days) to match the new rule.
  • The change would apply to federal criminal sentencing procedures covered by the amended statutes.

Expenses#

The text requires the Sentencing Commission to amend its Guidelines within 30 days, which is an administrative action. No publicly available information on cost estimates or budgetary effects is included in the provided text.

Proponents' View#

From the bill text and title, supporters want to prohibit consideration of perceived gender identity in sentencing. The bill’s changes and its short title indicate supporters intend to make sentencing rules that exclude perceived gender identity as a mitigating factor.

Opponents' View#

No publicly available information in the provided text about opponents’ arguments or concerns.