Minnesota Legislature
HF 1655
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 04:59pm
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A bill for an act
relating to human rights; removing certain sections in the human rights act that
allow for discrimination based on sexual orientation; amending Minnesota Statutes
2022, sections 363A.03, subdivision 44, by adding a subdivision; 363A.21,
subdivision 1; repealing Minnesota Statutes 2022, sections 363A.20, subdivision
3; 363A.27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision
to read:
new text begin Subd. 50. new text end
new text begin Gender identity. new text end
new text begin
"Gender identity" means a person's inherent sense of being
a man, woman, both, or neither. A person's gender identity may or may not correspond to
their assigned sex at birth or to their primary or secondary sex characteristics. A person's
gender identity is not necessarily visible to others.
new text end
Sec. 2.
Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read:
Subd. 44.
Sexual orientation.
"Sexual orientation" means having or being perceived as
having an emotional, physical, or sexual attachment to another person without regard to the
sex of that person or having or being perceived as having an orientation for such attachmentdeleted text begin ,
or having or being perceived as having a self-image or identity not traditionally associated
with one's biological maleness or femaleness. "Sexual orientation" does not include a physical
or sexual attachment to children by an adultdeleted text end .
Sec. 3.
Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:
Subdivision 1.
Housing.
The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or permanent residence home run by a nonprofit organization,
if the discrimination is by sex;new text begin or
new text end
(2) the rental by a resident owner or occupier of a one-family accommodation of a room
or rooms in the accommodation to another person or persons if the discrimination is by sex,
marital status, status with regard to public assistance, sexual orientation, or disability. Except
as provided elsewhere in this chapter or other state or federal law, no person or group of
persons selling, renting, or leasing property is required to modify the property in any way,
or exercise a higher degree of care for a person having a disability than for a person who
does not have a disability; nor shall this chapter be construed to relieve any person or persons
of any obligations generally imposed on all persons regardless of any disability in a written
lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on
the inability to fulfill the terms and conditions, including financial obligations of the lease,
agreement, or contractdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the rental by a resident owner of a unit in a dwelling containing not more than two
units, if the discrimination is on the basis of sexual orientation.
deleted text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 23-00716
363A.20 EXEMPTION BASED ON EMPLOYMENT.
Subd. 3.
Nonpublic service organization.
The provisions of section 363A.08 shall not apply to a nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, including 4-H clubs, and other youth organizations, with respect to qualifications of employees or volunteers based on sexual orientation.
363A.27 CONSTRUCTION OF LAW.
Nothing in this chapter shall be construed to:
(1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent lifestyle;
(2) authorize or permit the promotion of homosexuality or bisexuality in education institutions or require the teaching in education institutions of homosexuality or bisexuality as an acceptable lifestyle;
(3) authorize or permit the use of numerical goals or quotas, or other types of affirmative action programs, with respect to homosexuality or bisexuality in the administration or enforcement of the provisions of this chapter; or
(4) authorize the recognition of or the right of marriage between persons of the same sex.