S.402 - Words Matter for the District of Columbia Courts Act (119th Congress)
Summary
S.402, the "Words Matter for the District of Columbia Courts Act," aims to modernize the language used in Title 11 of the District of Columbia Official Code, specifically concerning references to individuals with intellectual disabilities. The bill replaces outdated terms like "substantially retarded persons" and "the at least moderately mentally retarded" with the more respectful and accurate phrase "persons with moderate intellectual disabilities.
This change affects the jurisdiction of the United States District Court, the Superior Court, and the Family Court within the District of Columbia. The bill was introduced in the Senate by Mr. Moran and Mr. Peters and referred to the Committee on Homeland Security and Governmental Affairs.
The bill seeks to update legal terminology to reflect current understanding and respect for individuals with intellectual disabilities.
Expected Effects
The primary effect of this bill will be to update the language used in the District of Columbia Official Code to be more respectful and accurate when referring to individuals with intellectual disabilities.
This will likely lead to a more positive and inclusive environment within the District's legal system. It will also set a precedent for updating similar language in other legal contexts.
Potential Benefits
- Promotes Respect and Dignity: Using respectful language acknowledges the inherent worth and dignity of individuals with intellectual disabilities.
- Reduces Stigma: Updating outdated terminology helps to reduce stigma and negative perceptions associated with intellectual disabilities.
- Improves Communication: Clear and accurate language facilitates better communication and understanding within the legal system.
- Aligns with Current Standards: The bill aligns legal language with current medical and social standards regarding intellectual disabilities.
- Encourages Inclusivity: By using inclusive language, the bill promotes a more inclusive and equitable legal system for all individuals.
Potential Disadvantages
- Limited Scope: The bill only addresses terminology within the District of Columbia Official Code, potentially leaving outdated language in other areas.
- Potential for Further Updates: As language evolves, further updates may be necessary in the future.
- Implementation Costs: While likely minimal, there may be some costs associated with updating legal documents and training personnel on the new terminology.
- Risk of Misinterpretation: Although unlikely, there is a small risk that the new terminology could be misinterpreted or misunderstood.
- Focus on Terminology: The bill focuses on terminology, but does not address other systemic issues faced by individuals with intellectual disabilities.
Constitutional Alignment
While the US Constitution does not explicitly address terminology related to intellectual disabilities, the bill aligns with the spirit of equal protection and dignity under the law. The Fifth and Fourteenth Amendments guarantee due process and equal protection, which can be interpreted to support the use of respectful and inclusive language in legal contexts.
Furthermore, the Tenth Amendment reserves powers not delegated to the federal government to the states or the people. In this case, the District of Columbia operates under the authority of Congress, and this bill represents a legislative action within that authority to govern local affairs.
Overall, the bill does not contradict any specific provision of the Constitution and can be seen as an effort to promote a more just and equitable legal system.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).