Text of US SR 144 (2023)

III 118TH CONGRESS 1ST SESSION S. RES. 144 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 SENATE OF THE UNITED STATES MARCH 30, 2023 Mr. MARKEY (for himself, Mr. SANDERS, Mr. MERKLEY, Ms. WARREN, Ms. HIRONO, and Ms. SMITH) submitted the following resolution; which was referred to the Committee on the Judiciary 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 (42 U.S.C. 2000e et seq.) requires equal treatment under the law re- gardless of sex; Whereas the Supreme Court of the United States affirmed in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020), that Federal protection against discrimination on VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 2 •SRES 144 IS 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— (1) medical care; (2) employment; (3) housing; (4) education; (5) lending; and (6) 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 United States; Whereas the provision of best-practice, age-appropriate, gen- der-affirming health care is endorsed by the American Academy of Child and Adolescent Psychiatry, the Amer- ican Academy of Family Physicians, the American Acad- emy of Nursing, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the American College of Physicians, the American Counseling Association, the American Heart Association, the Amer- ican Medical Association, the American Nurses Associa- tion, the American Osteopathic Association, the American Psychiatric Association, the American Psychological As- sociation, the American Public Health Association, the American Society of Plastic Surgeons, the Endocrine So- ciety, the National Association of Nurse Practitioners in Women’s Health, the Pediatric Endocrine Society, the Society for Adolescent Health and Medicine, the World VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 3 •SRES 144 IS Medical Association, and the World Professional Associa- tion for Transgender Health; Whereas transgender and nonbinary people— (1) face significant barriers to legal recognition of their truest selves on government documentation and identification; (2) experience disproportionately high rates of pov- erty, homelessness, violence, and suicide; and (3) detained in jails, prisons, and immigration deten- tion centers are especially vulnerable to violence and abuse and are often deprived of gender-affirming re- sources and health care; Whereas transgender and nonbinary people— (1) make unique, valuable contributions to American society and culture worth honoring and celebrating; (2) have existed throughout history across the globe, demonstrating resilience, bravery, and authenticity; and (3) 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 Senate that— 1 (1) the Federal Government has a duty to pro- 2 tect the rights of transgender and nonbinary people 3 by implementing a ‘‘Transgender Bill of Rights’’ 4 that includes— 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 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 4 •SRES 144 IS (i) amending the Civil Rights Act of 1 1964 (42 U.S.C. 2000a et seq.) to prohibit 2 discrimination on the basis of sex, includ- 3 ing gender identity and sex characteristics, 4 in public accommodations and federally 5 funded programs and activities; 6 (ii) expanding the definition of public 7 accommodation to address the full range of 8 places and services that members of the 9 general public utilize; 10 (iii) explicitly clarifying that it is ille- 11 gal to discriminate on the basis of sex, in- 12 cluding gender identity or sex characteris- 13 tics, in public accommodations and services 14 on religious grounds; and 15 (iv) amending Federal education laws 16 to ensure that those laws protect students 17 from discrimination based on sex, includ- 18 ing gender identity and sex characteristics, 19 and guarantee the rights of students to— 20 (I) participate in sports on teams 21 and in programs that best align with 22 their gender identity; 23 (II) use school facilities that best 24 align with their gender identity; 25 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 5 •SRES 144 IS (III) have their authentic identity 1 respected in the classroom; and 2 (IV) have access to curriculum 3 and books that accurately portray the 4 substantive history and identity of 5 LGBTQI+ people and Black, Indige- 6 nous, and people of color; 7 (B) recognizing the right to bodily auton- 8 omy and ethical health care for transgender and 9 nonbinary people by— 10 (i) strengthening, implementing, and 11 enforcing prohibitions on discrimination in 12 the provision of health care on the basis of 13 sex, including on the basis of actual or per- 14 ceived gender identity or sex characteris- 15 tics; 16 (ii) eliminating unnecessary govern- 17 mental restrictions on the provision of, and 18 access to, gender-affirming medical care 19 and counseling for transgender and non- 20 binary adults and youth; 21 (iii) ensuring that health care pro- 22 viders following standards of care for 23 transgender and nonbinary people are not 24 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 6 •SRES 144 IS targeted for criminal or civil penalties, or 1 for professional discipline; 2 (iv) protecting children from forceful 3 removal from supportive homes; 4 (v) protecting providers of gender-af- 5 firming care, reproductive health care, and 6 abortion health care from threats and acts 7 of violence related to their work; 8 (vi) expanding access to competent 9 health care providers serving transgender 10 and nonbinary patients, including by re- 11 cruiting and training more health care pro- 12 viders to provide appropriate care; 13 (vii) expanding telehealth access to 14 provide patients in rural and other under- 15 served locations better access to health 16 care services; 17 (viii) codifying Roe v. Wade, 410 U.S. 18 113 (1973), guaranteeing the right to 19 abortion, and codifying the right to repro- 20 ductive health care such as contraceptives 21 and assistive reproductive technology for 22 everyone, including transgender and non- 23 binary people; and 24 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 7 •SRES 144 IS (ix) banning the use of forced surgery 1 that violates medical ethics and human 2 rights on intersex children and infants; 3 (C) ensuring transgender and nonbinary 4 people can care for themselves and their fami- 5 lies by fully codifying the judgment of the Su- 6 preme Court of the United States in Bostock v. 7 Clayton County, Georgia, 140 S. Ct. 1731 8 (2020) by— 9 (i) eliminating hiring and employment 10 discrimination and workforce exclusion by 11 amending title VII of the Civil Rights Act 12 of 1964 (42 U.S.C. 2000e et seq.) to ex- 13 plicitly clarify that employers may not dis- 14 criminate on the basis of actual or per- 15 ceived gender identity or sex characteris- 16 tics; 17 (ii) amending the Fair Housing Act 18 (42 U.S.C. 3601 et seq.) to explicitly clar- 19 ify that it prohibits all forms of sex dis- 20 crimination, including on the basis of gen- 21 der identity or sex characteristics; and 22 (iii) amending the Equal Credit Op- 23 portunity Act (15 U.S.C. 1691 et seq.) to 24 explicitly clarify that it prohibits all forms 25 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 8 •SRES 144 IS of sex discrimination, including on the 1 basis of gender identity or sex characteris- 2 tics; 3 (D) providing accessible avenues for legal 4 recognition of transgender and nonbinary iden- 5 tities and guaranteeing full participation in civil 6 life by— 7 (i) eliminating Federal gender identi- 8 fication requirements on government docu- 9 ments that are unnecessary to determine 10 the identity of the holder or are otherwise 11 irrelevant to the purpose of the document; 12 (ii) eliminating burdensome barriers 13 to updating sex and names on passports, 14 Social Security cards, and other forms of 15 Federal Government identification and 16 records, permitting, where possible, 17 changes on self-attestation alone; 18 (iii) requiring that an ‘‘X’’ marker be 19 available on Federal Government identi- 20 fication and records that still require gen- 21 der; 22 (iv) requiring States to permit voters 23 to update their name and gender on their 24 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 9 •SRES 144 IS voter registration and vote on the same 1 day of Federal elections; and 2 (v) making explicit that existing Fed- 3 eral statutes prohibiting sex discrimination 4 in jury service also prohibit discrimination 5 based on gender identity and sex charac- 6 teristics; 7 (E) strengthening the safety of 8 transgender and nonbinary people by— 9 (i) investing in community services to 10 prevent intimate partner, family, and com- 11 munity violence against transgender and 12 nonbinary people and expand services for 13 transgender and nonbinary survivors; 14 (ii) investing in mental health services 15 and suicide prevention programs designed 16 for transgender and nonbinary people; 17 (iii) banning fraudulent and harmful 18 so-called ‘‘conversion therapy’’ practices; 19 (iv) ensuring robust regulations and 20 procedures that affirm that claims for im- 21 migration relief or asylum based on perse- 22 cution related to gender, sexual orienta- 23 tion, gender identity, and sex characteris- 24 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 10 •SRES 144 IS tics are protected grounds in the context of 1 asylum adjudications; and 2 (v) exploring policies and practices 3 that would improve the safety of 4 transgender and nonbinary individuals in- 5 carcerated in jails, prisons, and immigra- 6 tion detention facilities, and ensure that 7 those populations of transgender and non- 8 binary individuals have access to gender- 9 affirming care, appropriate services, and 10 commissary items; and 11 (F) actively enforcing the civil rights of 12 transgender and nonbinary people by all gov- 13 ernment agencies including by— 14 (i) requiring the Attorney General to 15 designate a liaison within the Civil Rights 16 Division of the Department of Justice 17 whose job is dedicated to advising on and 18 overseeing enforcement of the civil rights 19 of transgender and nonbinary people; and 20 (ii) appropriating the funds necessary 21 to fully staff and support the enforcement 22 of these rights across agencies; 23 (2) the actions listed in this resolution are only 24 the first steps toward transgender equality; 25 VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS 11 •SRES 144 IS (3) to carry out the goals in this resolution, 1 Federal agencies must collect gender identity and 2 sex characteristics information on a voluntary, con- 3 fidential basis solely for equity and public health 4 purposes in key Federal surveys; 5 (4) the Federal Government must make an on- 6 going commitment to the rights of transgender and 7 nonbinary people; and 8 (5) policies concerning transgender rights must 9 be led and informed by transgender communities, in 10 particular Black and Indigenous women who face 11 heightened risk of violence, poverty, discrimination, 12 and other harm due to their intersecting identities. 13 Æ VerDate Sep 11 2014 03:52 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\SR144.IS SR144 kjohnson on DSK79L0C42PROD with BILLS