Text of US HR 269 (2023)

IV 118TH CONGRESS 1ST SESSION H. RES. 269 Recognizing that it is the duty of the Federal Government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security. IN THE HOUSE OF REPRESENTATIVES MARCH 30, 2023 Ms. JAYAPAL (for herself, Ms. JACOBS, Mr. POCAN, Mr. TAKANO, Mr. CICILLINE, Ms. ADAMS, Mr. ALLRED, Ms. BALINT, Ms. BARRAGA´N, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BOWMAN, Ms. BROWN, Ms. BUSH, Mr. CARSON, Mr. CARTER of Louisiana, Mr. CASAR, Mr. CASTEN, Ms. CASTOR of Florida, Ms. CHU, Ms. CLARKE of New York, Mr. CONNOLLY, Ms. CROCKETT, Mr. DAVIS of Illinois, Ms. DEAN of Pennsylvania, Ms. DEGETTE, Mr. DESAULNIER, Mr. DOGGETT, Ms. ESCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. FROST, Mr. GARAMENDI, Ms. GARCIA of Texas, Mr. ROBERT GARCIA of California, Mr. GARCI´A of Illinois, Mr. GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, Mrs. HAYES, Mr. HIGGINS of New York, Mr. IVEY, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Mr. KEATING, Mr. KHANNA, Mr. KILMER, Mr. KIM of New Jersey, Mr. KRISHNAMOORTHI, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE of California, Ms. LEGER FERNANDEZ, Mr. LIEU, Mr. LYNCH, Ms. MATSUI, Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. MCGARVEY, Mr. MCGOVERN, Ms. MENG, Ms. MOORE of Wisconsin, Mr. MOULTON, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PANETTA, Mr. PAYNE, Ms. PINGREE, Ms. PORTER, Ms. PRESSLEY, Mr. QUIGLEY, Mr. RASKIN, Ms. ROSS, Ms. SALINAS, Ms. SA´NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SMITH of Washington, Ms. STANSBURY, Ms. STEVENS, Mr. THANEDAR, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mrs. TRAHAN, Mr. TRONE, Mr. VARGAS, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) sub- mitted the following resolution; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Oversight and Accountability, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 2 •HRES 269 IH RESOLUTION Recognizing that it is the duty of the Federal Government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and non- binary people under the law and ensure their access to medical care, shelter, safety, and economic security. Whereas an estimated 1,600,000 transgender adults live in the United States; Whereas title VII of the Civil Rights Act of 1964 requires equal treatment under the law regardless of sex; Whereas the Supreme Court affirmed in Bostock v. Clayton County that Federal protection against discrimination on the basis of sex includes protection from discrimination on the basis of sexual orientation and gender identity; Whereas, despite these protections, transgender people still experience discrimination in medical care, employment, housing, education, lending, and other basic necessities; Whereas State lawmakers introduced more than 300 bills at- tacking the rights of LGBTQI+ people and transgender people in particular in the first 6 weeks of 2023; Whereas the right of transgender and nonbinary people to seek lifesaving, gender-affirming care is under threat across the Nation; Whereas the provision of best-practice age-appropriate gen- der-affirming health care is endorsed by— (1) the American Academy of Child and Adolescent Psychiatry; (2) the American Academy of Family Physicians; (3) the American Academy of Nursing; (4) the American Academy of Pediatrics; VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 3 •HRES 269 IH (5) the American College of Obstetricians and Gyne- cologists; (6) the American College of Physicians; (7) the American Counseling Association; (8) the American Heart Association; (9) the American Medical Association; (10) the American Nurses Association; (11) the American Osteopathic Association; (12) the American Psychiatric Association; (13) the American Psychological Association; (14) the American Public Health Association; (15) the American Society of Plastic Surgeons; (16) the Endocrine Society; (17) the National Association of Nurse Practitioners in Women’s Health; (18) the Pediatric Endocrine Society; (19) the Society for Adolescent Health and Medi- cine; (20) the World Medical Association; and (21) the World Professional Association for Transgender Health; Whereas transgender and nonbinary people face significant barriers to legal recognition of their truest selves on gov- ernment documentation and identification; Whereas transgender and nonbinary people experience dis- proportionately high rates of poverty, homelessness, vio- lence, and suicide; Whereas transgender and nonbinary people detained in jails, prisons, and immigration detention centers are especially vulnerable to violence and abuse and are often deprived of gender-affirming resources and health care; VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 4 •HRES 269 IH Whereas transgender people make unique, valuable contribu- tions to American society and culture worth honoring and celebrating; Whereas transgender people have existed throughout history across the globe, demonstrating resilience, bravery, and authenticity; and Whereas transgender people are parents, siblings, children, chosen family, and friends deserving of human dignity and support: Now, therefore, be it Resolved, That it is the sense of the House of Rep- 1 resentatives that— 2 (1) the Federal Government has a duty to pro- 3 tect the rights of transgender and nonbinary people 4 as outlined in this Transgender Bill of Rights by— 5 (A) ensuring transgender and nonbinary 6 people have equal access to services and public 7 accommodations that align with their gender 8 identity by— 9 (i) amending the Civil Rights Act of 10 1964 to prohibit discrimination on the 11 basis of sex, including gender identity and 12 sex characteristics in public accommoda- 13 tions and federally funded programs and 14 activities; 15 (ii) expanding the definition of public 16 accommodation to address the full range of 17 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 5 •HRES 269 IH places and services that members of the 1 general public utilize; 2 (iii) explicitly clarifying that it is ille- 3 gal to discriminate on the basis of sex, in- 4 cluding gender identity or sex characteris- 5 tics in public accommodations and services 6 on religious grounds; and 7 (iv) amending Federal education laws 8 to ensure that they protect students from 9 discrimination based on sex, including gen- 10 der identity and sex characteristics, and 11 guarantee students’ right to— 12 (I) participate in sports on teams 13 and in programs that best align with 14 their gender identity; 15 (II) use school facilities that best 16 align with their gender identity; 17 (III) have their authentic identity 18 respected in the classroom; and 19 (IV) have access to curriculum 20 and books that accurately portray the 21 substantive history and identity of 22 LGBTQ+ people and Black, Indige- 23 nous, and people of color; 24 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 6 •HRES 269 IH (B) recognizing the right to bodily auton- 1 omy and ethical health care for transgender and 2 nonbinary people by— 3 (i) strengthening, implementing, and 4 enforcing prohibitions on discrimination in 5 the provision of health care on the basis of 6 sex, including on the basis of actual or per- 7 ceived gender identity or sex characteris- 8 tics; 9 (ii) eliminating unnecessary govern- 10 mental restrictions on the provision of, and 11 access to, gender-affirming medical care 12 and counseling for transgender and non- 13 binary adults and youth; 14 (iii) ensuring that health care pro- 15 viders following standards of care for 16 transgender and nonbinary people are not 17 targeted for criminal or civil penalties or 18 professional discipline; 19 (iv) protecting children from forceful 20 removal from supportive homes; 21 (v) protecting providers of gender-af- 22 firming care, reproductive health care, and 23 abortion health care from threats and acts 24 of violence related to their work; 25 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 7 •HRES 269 IH (vi) expanding access to providers 1 with competency serving transgender and 2 nonbinary patients, including by recruiting 3 and training more health care providers to 4 provide appropriate care; 5 (vii) expanding telehealth access to 6 provide patients in rural and other under- 7 served locations better access to health 8 care services; 9 (viii) codifying Roe v. Wade, guaran- 10 teeing the right to abortion, and codifying 11 the right to reproductive health care such 12 as contraceptives and assistive reproductive 13 technology for everyone, including 14 transgender and nonbinary people; and 15 (ix) banning the use of forced surgery 16 that violates medical ethics and human 17 rights on intersex children and infants; 18 (C) ensuring transgender and nonbinary 19 people can care for themselves and their fami- 20 lies by fully codifying the Bostock decision by— 21 (i) eliminating hiring and employment 22 discrimination and workforce exclusion by 23 amending title VII of the Civil Rights Act 24 of 1964 to explicitly clarify that employers 25 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 8 •HRES 269 IH may not discriminate on the basis of actual 1 or perceived gender identity or sex charac- 2 teristics; 3 (ii) amending the Fair Housing Act to 4 explicitly clarify that it prohibits all forms 5 of sex discrimination, including on the 6 basis of gender identity or sex characteris- 7 tics; and 8 (iii) amending the Equal Credit Op- 9 portunity Act to explicitly clarify that it 10 prohibits all forms of sex discrimination, 11 including on the basis of gender identity or 12 sex characteristics; 13 (D) providing accessible avenues for legal 14 recognition of transgender and nonbinary iden- 15 tities and guaranteeing full participation in civil 16 life by— 17 (i) eliminating Federal gender identi- 18 fication requirements on government docu- 19 ments that are unnecessary to determine 20 the identity of the holder or otherwise ir- 21 relevant to the purpose of the document; 22 (ii) eliminating burdensome barriers 23 to updating sex and names on passports, 24 Social Security cards, and other forms of 25 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 9 •HRES 269 IH Federal Government identification and 1 records, permitting, where possible, 2 changes on self-attestation alone; 3 (iii) requiring that an ‘‘X’’ marker be 4 available on Federal Government identi- 5 fication and records that still require gen- 6 der; 7 (iv) requiring States to permit voters 8 to update their name and gender on their 9 voter registration and vote on the same 10 day of Federal elections; and 11 (v) making explicit that existing Fed- 12 eral statutes prohibiting sex discrimination 13 in jury service also prohibit discrimination 14 based on gender identity and sex charac- 15 teristics; 16 (E) strengthening the safety of 17 transgender and nonbinary people by— 18 (i) investing in community services to 19 prevent intimate partner, family, and com- 20 munity violence against transgender and 21 nonbinary people and expand services for 22 transgender and nonbinary survivors; 23 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 10 •HRES 269 IH (ii) investing in mental health services 1 and suicide prevention programs designed 2 for transgender and nonbinary people; 3 (iii) banning fraudulent and harmful 4 so-called ‘‘conversion therapy’’ practices; 5 (iv) ensuring robust regulations and 6 procedures that affirm that claims for im- 7 migration relief or asylum based on perse- 8 cution related to gender, sexual orienta- 9 tion, gender identity, and sex characteris- 10 tics are protected grounds in the context of 11 asylum adjudications; and 12 (v) exploring policies and practices 13 that would improve the safety of 14 transgender and nonbinary individuals in- 15 carcerated in jails, prisons, and immigra- 16 tion detention facilities and ensure that 17 those populations have access to gender-af- 18 firming care, appropriate services, and 19 commissary items; and 20 (F) actively enforcing the civil rights of 21 transgender and nonbinary people by all gov- 22 ernment agencies including by— 23 (i) requiring the Attorney General to 24 designate a liaison within the Civil Rights 25 VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS 11 •HRES 269 IH Division of the Department of Justice 1 dedicated to advising on and overseeing en- 2 forcement of the civil rights of transgender 3 and nonbinary people; and 4 (ii) appropriating the funds necessary 5 to fully staff and support the enforcement 6 of these rights across agencies; 7 (2) the actions listed above are only the first 8 steps toward transgender equality; 9 (3) to carry out the goals above, Federal agen- 10 cies must collect gender identity and sex characteris- 11 tics information on a voluntary, confidential basis 12 solely for equity and public health purposes in key 13 Federal surveys; 14 (4) the Federal Government must make an on- 15 going commitment to the rights of transgender and 16 nonbinary people; and 17 (5) policies concerning transgender rights must 18 be led and informed by transgender communities, in 19 particular Black and Indigenous women who face 20 heightened risk of violence, poverty, discrimination, 21 and other harm due to their intersecting identities. 22 Æ VerDate Sep 11 2014 00:13 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\HR269.IH HR269 kjohnson on DSK79L0C42PROD with BILLS