118th CONGRESS

1st Session

 

 

 

 

 

 

H.J. Res. 33

United States House of Representatives

January 9, 2023

 

Sponsored By: Rep Ian A. Medina (D-FL)

 

Article

Section 1. A joint resolution proposing an amendment to the Constitution of the United States of America that enacts fluidity in protected classes, such as religion, race, ethnicity, sexual orientation and gender because the different categorization of the foregoing protected classes were imposed unto Americans unilaterally and without due process of law in violation of the Fifth Amendment of the Constitution of the United States and the Fourteenth Amendment of the Constitution of the United States as applied to the states. 

 

Section 2. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following joint resolution be enacted and enforced against the territories under our sovereignty.

Section 3. Pursuant to duly executed legislative action by the powers granted in me by the Congress, the United States of America adds an amendment to the Constitution of the United States that expressly enacts fluidity in protected classes, such as religion, race, ethnicity, sexual orientation and gender. This legislative action is being taken pursuant to historic violations on behalf of the American government of Fifth Amendment and Fourteenth Amendment constitutional protections in due process of law violative of liberty interests preserved by the Constitution of the United States of America. 

 

Section 4. The United States of America hereby makes religion fluid and unites the various religious categorizations as one. The United States of America unlawfully without due process created the U.S. Census Bureau categorizations of religion, including but not limited to, Christianity, Catholicism, Jewish, Muslim, Hindu, Buddhist, etc. United States Department of Commerce, United States Census Bureau. (2012). Statistical Abstract of the United States: 2012. Retrieved from the United States Census Bureau website: https://www.census.gov/library/publications/2011/compendia/statab/131ed/population.html. This was imposed onto the population of the United States of America arbitrarily, capriciously and without due process of law in violation of the liberty interests protected by the Due Process Clause of the Fifth Amendment of the Constitution of the United States and the Fourteenth Amendment of the Constitution of the United States as applied to the states. In accordance with an originalist interpretation, fluidity in religion has longstanding, traditional principles in American law. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 644 (1993), as affirmed by the Supreme Court of the United States, citations omitted. Thus, religious liberty has been stifled and this Joint Resolution preserves our religious liberty. 

 

Section 5. The United States of America hereby makes race/ethnicity fluid and unites the various racial and ethnic categorizations as one. The United States of America unlawfully without due process created the U.S. Census Bureau categorizations of race and ethnicity, including but not limited to, White/Caucasian, HIspanic/Latino, Black/African American, Asian/Pacific, Arab/Middle Eastern, Native Indian, etc. United States Department of Commerce, United States Census Bureau. (2012). Statistical Abstract of the United States: 2012. Retrieved from the United States Census Bureau website: https://www.census.gov/library/publications/2011/compendia/statab/131ed/population.html. This was imposed onto the population of the United States of America arbitrarily, capriciously and without due process of law in violation of the liberty interests protected by the Due Process Clause of the Fifth Amendment of the Constitution of the United States and the Fourteenth Amendment of the Constitution of the United States as applied to the states. In accordance with an originalist interpretation, fluidity in race and ethnicity has longstanding, traditional principles in American law. See Loving v. Virginia, 388 U.S. 1, 19 (1967), as affirmed by the Supreme Court of the United States, citations omitted. Thus, segregation still exists and this legislative action remedies segregation by uniting the races and ethnicities. 

 

Section 6. The United States of America hereby makes sexual orientation fluid and unites the various sexual orientations as one. The United States of America unlawfully without due process created the U.S. Census Bureau categorizations of sexual orientation, including but not limited to, heterosexual/straight, bisexual, homosexual/gay/lesbian, asexual, etc. United States Department of Commerce, United States Census Bureau. (2012). Statistical Abstract of the United States: 2012. Retrieved from the United States Census Bureau website: https://www.census.gov/library/publications/2011/compendia/statab/131ed/population.html. This was imposed onto the population of the United States of America arbitrarily, capriciously and without due process of law in violation of the liberty interests protected by the Due Process Clause of the Fifth Amendment of the Constitution of the United States and the Fourteenth Amendment of the Constitution of the United States as applied to the states. In accordance with an originalist interpretation, fluidity in sexual orientation has longstanding, traditional principles in American law. See Obergefell v. Hodges, 576 U.S. 644, 836 (2015), affirming Lawrence v. Texas, 539 U.S. 558, 714 (2003); citations omitted. Thus, homophobia still exists and this legislative action remedies homophobia by uniting the sexual orientations. 

 

Section 7. The United States of America hereby makes gender fluid and unites the various genders as one. The United States of America unlawfully without due process created the U.S. Census Bureau categorizations of gender, including but not limited to, male/man, female/woman, etc. United States Department of Commerce, United States Census Bureau. (2012). Statistical Abstract of the United States: 2012. Retrieved from the United States Census Bureau website: https://www.census.gov/library/publications/2011/compendia/statab/131ed/population.html. This was imposed onto the population of the United States of America arbitrarily, capriciously and without due process of law in violation of the liberty interests protected by the Due Process Clause of the Fifth Amendment of the Constitution of the United States and the Fourteenth Amendment of the Constitution of the United States as applied to the states. In accordance with an originalist interpretation, fluidity in gender has longstanding, traditional principles in American law. See Bostock v. Clayton County, Georgia, 2020 U.S. LEXIS 3252 (2015), as affirmed by the Supreme Court of the United States, citations omitted. Thus, sexism still exists and this legislative action remedies sexisim by uniting the genders.

 

Section 8. THe United States of America violated due process because it failed to issue a referendum to the American people to vote on religious categorizations, racial categorizations, ethnic categorizations, sexual orientation categorizations and/or gender categorizations. This deprival of the right to vote is against our American principles grounded in freedom, liberty and equality in all facets of our lives. Due process was denied when the American people were not given a chance and/or opportunity to comment and have their voices heard regarding the protected class categorizations, object and/or dissent to the protected class categorizations, vote on the imposition of protected class categorizations and/or other procedural measures that protect the interests of the affected parties that is systematic and organized in forum and process. 

 

Section 9. This constitutional amendment merely enacts that categorizations between the protected classes as expressed herein are hereby dissolved and rendered non-existent in the Constitution of the United States of America. Nothing in this legislative article at this time changes and/or alters the operations and management of the United States Census Bureau and the Census Bureau of the United States of America shall continue to hold census readings every four years differentiating between the normal categories of the protected classes in an indiscriminate manner in accordance with the law. 

 

Section 10. Everything vested herein is non-negotiable, non-transferable and non-delegable expressed as provided here. Any and all claims at law and equity arising out of this legislation is subject to legislative immunity and barred at law. The drafters of this legislation reserve all the rights, privileges, immunities and benefits available at law. Nothing contained here is detrimental or adverse to the affected and/or interested parties regarding this legislation.  

Section 11. As such, any and all cases and/or controversies arising from this legislation are barred under the Speech or Debate Clause of Article I of the Constitution of the United States. U.S. Const. art. I, § 6, cl. 1.

 

Sponsored by Rep. Ian A. Medina (D-FL): 01/09/2023

 

Passes the U.S. House:

 

Passes the U.S. Senate: 

 

Sent to Governors & Ratified By 3/4ths State Legislatures in All States:

 

*Signed by President Joseph R. Biden: 

 

*President’s signature is superfluous and has no legal effect