Text of US SR 604 (2026)

III 119TH CONGRESS 2D SESSION S. RES. 604 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 FEBRUARY 11, 2026 Mr. MARKEY (for himself, Mr. MERKLEY, Ms. WARREN, Ms. HIRONO, Mr. WYDEN, Mr. HEINRICH, Mr. PADILLA, Mr. SANDERS, and Mr. WELCH) 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, 140 S. Ct. 1731 (2020) that VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •SRES 604 IS Federal protection against discrimination on the basis of sex includes protection from discrimination on the basis of sexual orientation and gender identity; Whereas several Federal courts have correctly concluded that discrimination against transgender people because of their sex and gender identity violates title IX of the Edu- cation Amendments of 1972 (20 U.S.C. 1681 et seq.), section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), and the Fourteenth Amend- ment to the Constitution of the United States; Whereas, despite the protections against discrimination on the basis of sexual orientation and gender identity, transgender people still experience discrimination in— (1) medical care; (2) employment; (3) housing; (4) education; (5) lending; and (6) other basic necessities; Whereas President Trump has issued several Executive or- ders that attempt to unlawfully discriminate against transgender people; Whereas anti-trans individuals strive to deprive transgender and nonbinary people of access to gender affirming care, despite the overwhelming consensus of the medical com- munity that gender-affirming care is essential, safe, and life-saving health care; Whereas the provision of best-practice, age-appropriate, gen- der-affirming health care is endorsed by major medical associations such as the American Academy of Child and Adolescent Psychiatry, the American Academy of Family VerDate Sep 11 2014 01:49 Feb 12, 2026 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •SRES 604 IS Physicians, the American Academy 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 American Medical Asso- ciation, the American Nurses Association, the American Osteopathic Association, the American Psychiatric Asso- ciation, the American Psychological Association, the American Public Health Association, the Endocrine Soci- ety, the National Association of Nurse Practitioners in Women’s Health, the Pediatric Endocrine Society, the Society for Adolescent Health and Medicine, the World 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-issued documentation and identification that reflects their gender; (2) experience disproportionately high rates of pov- erty, homelessness, violence, and suicide due to discrimi- nation and persecution; and (3) are especially vulnerable to violence and abuse and are often deprived of gender-affirming resources and health care while detained in jails, prisons, and immigra- tion detention centers; and 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 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •SRES 604 IS (3) are parents, siblings, children, chosen family, and friends deserving of human dignity and support: Now, therefore, be it Resolved, That it is the sense of the Senate that— 1 (1) the Federal Government has a duty to pro- 2 tect the rights of transgender and nonbinary people 3 by implementing a ‘‘Transgender Bill of Rights’’ 4 that includes— 5 (A) ensuring that transgender and non- 6 binary people have equal access to services and 7 public accommodations that align with their 8 gender identity by— 9 (i) amending the Civil Rights Act of 10 1964 (42 U.S.C. 2000a et seq.) to prohibit 11 discrimination on the basis of sex, includ- 12 ing gender identity and sex characteristics, 13 in public accommodations and federally 14 funded programs and activities; 15 (ii) expanding the definition of public 16 accommodation to address the full range of 17 places and services that members of the 18 general public utilize; 19 (iii) explicitly clarifying that it is ille- 20 gal to discriminate on the basis of sex, in- 21 cluding gender identity or sex characteris- 22 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •SRES 604 IS tics, in public accommodations and services 1 on religious grounds; and 2 (iv) amending Federal law to ensure 3 that it protects students from discrimina- 4 tion based on sex, including gender iden- 5 tity and sex characteristics, thus guaran- 6 teeing the right of students to participate, 7 free from discrimination, including harass- 8 ment and sexual violence, in all areas of 9 school life, including in classes, 10 extracurriculars (including athletics), ac- 11 cess to facilities, and other school activi- 12 ties; 13 (B) clarifying and reaffirming the right to 14 bodily autonomy and health care for 15 transgender and nonbinary people by— 16 (i) enforcing prohibitions against dis- 17 crimination in the provision of health care 18 on the basis of sex, including on the basis 19 of actual or perceived gender identity or 20 sex characteristics; 21 (ii) eliminating unnecessary govern- 22 mental restrictions on the provision of, and 23 access to, gender-affirming medical care 24 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •SRES 604 IS and counseling for transgender and non- 1 binary adults and adolescents; 2 (iii) ensuring that health care pro- 3 viders that follow recognized standards of 4 care for transgender and nonbinary people 5 are not targeted for criminal or civil pen- 6 alties, or for professional discipline; 7 (iv) protecting children against force- 8 ful removal from supportive homes; 9 (v) protecting providers of gender-af- 10 firming care, reproductive health care, and 11 abortion health care from threats and acts 12 of violence related to their work; 13 (vi) expanding access to competent 14 health care providers serving transgender 15 and nonbinary patients, including by re- 16 cruiting and training more health care pro- 17 viders to provide appropriate care; 18 (vii) expanding telehealth access to 19 provide patients in rural and other under- 20 served locations better access to health 21 care services; 22 (viii) codifying the right to abortion 23 and reproductive health care, such as con- 24 traceptives and assistive reproductive tech- 25 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •SRES 604 IS nology, for everyone, including transgender 1 and nonbinary people; 2 (ix) banning the performing of non- 3 consensual surgeries that violate medical 4 ethics and the human rights of intersex 5 children and infants; 6 (x) banning conversion practices and 7 other abusive and torturous pseudo-med- 8 ical treatments that are overwhelmingly re- 9 jected by every major medical organization 10 as lacking efficacy and carrying significant 11 risks of harm; 12 (xi) protecting providers of gender-af- 13 firming care from specious consumer and 14 medical fraud accusations based on their 15 provision of medically necessary care; and 16 (xii) ensuring that the Sexual & Gen- 17 der Minority Research Office of the Na- 18 tional Institutes of Health is re-opened and 19 remains operational; 20 (C) ensuring transgender and nonbinary 21 people can care for themselves and their fami- 22 lies by fully codifying the judgment of the Su- 23 preme Court in Bostock v. Clayton County, 140 24 S. Ct. 1731 (2020) by— 25 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •SRES 604 IS (i) eliminating hiring and employment 1 discrimination and workforce exclusion by 2 amending title VII of the Civil Rights Act 3 of 1964 (42 U.S.C. 2000e et seq.) to ex- 4 plicitly clarify that employers may not dis- 5 criminate on the basis of actual or per- 6 ceived gender identity or sex characteris- 7 tics; 8 (ii) amending the Fair Housing Act 9 (42 U.S.C. 3601 et seq.) to explicitly clar- 10 ify that it prohibits all forms of sex dis- 11 crimination, including on the basis of gen- 12 der identity or sex characteristics; and 13 (iii) amending the Equal Credit Op- 14 portunity Act (15 U.S.C. 1691 et seq.) to 15 explicitly clarify that it prohibits all forms 16 of sex discrimination, including on the 17 basis of gender identity or sex characteris- 18 tics; 19 (D) providing accessible avenues for legal 20 recognition of transgender and nonbinary iden- 21 tities and guaranteeing full participation in civil 22 life by— 23 (i) eliminating Federal gender identi- 24 fication requirements on government docu- 25 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •SRES 604 IS ments that are unnecessary to determine 1 the identity of the holder or are otherwise 2 irrelevant to the purpose of the document; 3 (ii) eliminating burdensome barriers 4 to, or prohibitions on, updating sex and 5 names on passports, Social Security cards, 6 and other forms of Federal Government 7 identification and records, permitting, 8 where possible, changes on self-attestation 9 alone; 10 (iii) requiring that an ‘‘X’’ marker be 11 available on Federal Government identi- 12 fication and records that require gender; 13 (iv) requiring States to permit voters 14 to update their name and gender on their 15 voter registration and vote on the same 16 day of Federal elections; 17 (v) making explicit that existing Fed- 18 eral statutes prohibiting sex discrimination 19 in jury service also prohibit discrimination 20 based on gender identity and sex charac- 21 teristics; 22 (vi) eliminating anti-trans bias in the 23 immigration system, including the asylum 24 process, by requiring culturally competent 25 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •SRES 604 IS training for adjudicators and ensuring that 1 gender identity and sex characteristics are 2 not used to the detriment of individuals in 3 immigration proceedings; 4 (vii) ensuring that dedicated and ca- 5 pable transgender and nonbinary 6 servicemembers can continue to serve 7 proudly and openly in the Armed Forces; 8 (viii) requiring the TRICARE pro- 9 gram (as defined in section 1072 of title 10 10, United States Code) and the Depart- 11 ment of Veterans Affairs to pay for gen- 12 der-affirming health care; and 13 (ix) requiring a review of military dis- 14 charges for transgender and nonbinary vet- 15 erans, and reclassification of discharge sta- 16 tus and code, to ensure the patriotism and 17 sacrifices of transgender and nonbinary 18 servicemembers is respected above partisan 19 politics; 20 (E) strengthening the safety of 21 transgender and nonbinary people by— 22 (i) investing in community services to 23 prevent intimate partner, family, and com- 24 munity violence against transgender and 25 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •SRES 604 IS nonbinary people and expand services for 1 transgender and nonbinary survivors; 2 (ii) investing in mental health services 3 and suicide prevention programs designed 4 for transgender and nonbinary people; 5 (iii) 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; 12 (iv) ensuring housing assignments for 13 transgender and nonbinary people in gov- 14 ernment custody are based on their safety 15 needs and providing individual housing de- 16 terminations that incorporate assessments 17 by qualified caseworkers and the assess- 18 ment of the individual of their safety 19 needs; 20 (v) prohibiting involuntary solitary or 21 administrative confinement of a 22 transgender or nonbinary individual be- 23 cause of their gender identity; and 24 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •SRES 604 IS (vi) exploring policies and practices 1 that improve the safety of transgender and 2 nonbinary individuals incarcerated in jails, 3 prisons, and immigration detention facili- 4 ties and ensuring that those populations of 5 transgender and nonbinary individuals 6 have access to gender-affirming care, ap- 7 propriate services, and commissary items 8 consistent with their gender identity; and 9 (F) actively enforcing the civil rights of 10 transgender and nonbinary people by all gov- 11 ernment agencies including by— 12 (i) requiring the Attorney General to 13 designate a liaison within the Civil Rights 14 Division of the Department of Justice 15 whose job is dedicated to advising on and 16 overseeing enforcement of the civil rights 17 of transgender and nonbinary people; and 18 (ii) appropriating the funds necessary 19 to fully staff and support the enforcement 20 of these rights across agencies; 21 (2) to carry out the goals in this resolution, 22 Federal agencies must collect gender identity and 23 sex characteristics information on a voluntary, con- 24 VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •SRES 604 IS fidential basis solely for equity and public health 1 purposes in key Federal surveys; 2 (3) the Federal Government must make an on- 3 going commitment to the rights of transgender and 4 nonbinary people; 5 (4) policies concerning transgender rights must 6 be led and informed by transgender communities, in 7 particular Black and Indigenous women who face 8 heightened risk of violence, poverty, discrimination, 9 and other harm due to their intersecting identities; 10 and 11 (5) the actions listed in this resolution are only 12 the first steps toward transgender equality. 13 Æ VerDate Sep 11 2014 23:53 Feb 11, 2026 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\SR604.IS SR604 kjohnson on DSK7ZCZBW3PROD with $$_JOB