HRES 1058
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.
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Bill overview
This House Resolution calls on the federal government to develop and implement a ‘Transgender Bill of Rights’ to protect the rights of transgender and nonbinary people. It seeks to ensure equal access to healthcare, housing, employment, and other essential services, as well as legal recognition of gender identity. The resolution outlines specific legislative actions, including amending civil rights laws and expanding access to gender-affirming care, to address discrimination and promote equality.
Key provisions
- Amend the Civil Rights Act to prohibit discrimination based on sex, including gender identity and sex characteristics, in public accommodations and federally funded programs.
- Clarify the right to bodily autonomy and health care for transgender and nonbinary people, including enforcing prohibitions against discrimination in healthcare and expanding access to gender-affirming care.
- Eliminate Federal gender identification requirements on government documents.
- Amend title VII, the Fair Housing Act, and the Equal Credit Opportunity Act to explicitly prohibit discrimination based on gender identity.
- Require States to allow voters to update their name and gender on voter registration.
- Ensure transgender and nonbinary veterans receive adequate healthcare benefits.
- Invest in community services to prevent violence against transgender and nonbinary people.
- Designate a liaison within the Civil Rights Division of the Department of Justice to oversee enforcement of transgender rights.
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119th CONGRESS — 2d Session
H. RES. 1058
IN THE HOUSE OF REPRESENTATIVES
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 nonbinary 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 the Supreme Court of the United States affirmed in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) that 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 Education 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 Amendment to the Constitution of the United States;
medical care;
Whereas anti-trans individuals strive to deprive transgender and nonbinary people of access to gender affirming care, despite the overwhelming consensus of the medical community that gender-affirming care is essential, safe, and life-saving health care;
face significant barriers to legal recognition of their truest selves on government-issued documentation and identification that reflects their gender;
make unique, valuable contributions to American society and culture worth honoring and celebrating;
That it is the sense of the House of Representatives that—
the Federal Government has a duty to protect the rights of transgender and nonbinary people by implementing a Transgender Bill of Rights
that includes—
ensuring that transgender and nonbinary people have equal access to services and public accommodations that align with their gender identity by—
amending Federal law to ensure that it protects students from discrimination based on sex, including gender identity and sex characteristics, thus guaranteeing the right of students to participate, free from discrimination, including harassment and sexual violence, in all areas of school life, including in classes, extracurriculars (including athletics), access to facilities, and other school activities;
banning conversion practices and other abusive and torturous pseudo-medical treatments that are overwhelmingly rejected by every major medical organization as lacking efficacy and carrying significant risks of harm;
protecting providers of gender-affirming care from specious consumer and medical fraud accusations based on their provision of medically necessary care; and
ensuring that the Sexual & Gender Minority Research Office of the National Institutes of Health is re-opened and remains operational;
ensuring transgender and nonbinary people can care for themselves and their families by fully codifying the judgment of the Supreme Court in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) by—
Xmarker be available on Federal Government identification and records that require gender;
ensuring that dedicated and capable transgender and nonbinary servicemembers can continue to serve proudly and openly in the Armed Forces;
requiring the TRICARE program (as defined in section 1072 of title 10, United States Code) and the Department of Veterans Affairs to pay for gender-affirming health care; and
requiring a review of military discharges for transgender and nonbinary veterans, and reclassification of discharge status and code, to ensure the patriotism and sacrifices of transgender and nonbinary servicemembers is respected above partisan politics;
ensuring robust regulations and procedures that affirm that claims for immigration relief or asylum based on persecution related to gender, sexual orientation, gender identity, and sex characteristics are protected grounds in the context of asylum adjudications;
prohibiting involuntary solitary or administrative confinement of a transgender or nonbinary individual because of their gender identity; and
the actions listed in this resolution are only the first steps toward transgender equality.