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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.

S. Res. 144 · 118th Congress · Mar 30, 2023 · Lineage

RESOLUTION

That it is the sense of the Senate that—
(1)
the Federal Government has a duty to protect the rights of transgender and nonbinary people by implementing a “Transgender Bill of Rights” that includes—
(A)
ensuring transgender and nonbinary people have equal access to services and public accommodations that align with their gender identity by—
(i)
amending the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) to prohibit discrimination on the basis of sex, including gender identity and sex characteristics, in public accommodations and federally funded programs and activities;
(ii)
expanding the definition of public accommodation to address the full range of places and services that members of the general public utilize;
(iii)
explicitly clarifying that it is illegal to discriminate on the basis of sex, including gender identity or sex characteristics, in public accommodations and services on religious grounds; and
(iv)
amending Federal education laws to ensure that those laws protect students from discrimination based on sex, including gender identity and sex characteristics, and guarantee the rights of students to—
(I)
participate in sports on teams and in programs that best align with their gender identity;
(II)
use school facilities that best align with their gender identity;
(III)
have their authentic identity respected in the classroom; and
(IV)
have access to curriculum and books that accurately portray the substantive history and identity of LGBTQI+ people and Black, Indigenous, and people of color;
(B)
recognizing the right to bodily autonomy and ethical health care for transgender and nonbinary people by—
(i)
strengthening, implementing, and enforcing prohibitions on discrimination in the provision of health care on the basis of sex, including on the basis of actual or perceived gender identity or sex characteristics;
(ii)
eliminating unnecessary governmental restrictions on the provision of, and access to, gender-affirming medical care and counseling for transgender and nonbinary adults and youth;
(iii)
ensuring that health care providers following standards of care for transgender and nonbinary people are not targeted for criminal or civil penalties, or for professional discipline;
(iv)
protecting children from forceful removal from supportive homes;
(v)
protecting providers of gender-affirming care, reproductive health care, and abortion health care from threats and acts of violence related to their work;
(vi)
expanding access to competent health care providers serving transgender and nonbinary patients, including by recruiting and training more health care providers to provide appropriate care;
(vii)
expanding telehealth access to provide patients in rural and other underserved locations better access to health care services;
(viii)
codifying Roe v. Wade, 410 U.S. 113 (1973), guaranteeing the right to abortion, and codifying the right to reproductive health care such as contraceptives and assistive reproductive technology for everyone, including transgender and nonbinary people; and
(ix)
banning the use of forced surgery that violates medical ethics and human rights on intersex children and infants;
(C)
ensuring transgender and nonbinary people can care for themselves and their families by fully codifying the judgment of the Supreme Court of the United States in Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) by—
(i)
eliminating hiring and employment discrimination and workforce exclusion by amending title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) to explicitly clarify that employers may not discriminate on the basis of actual or perceived gender identity or sex characteristics;
(ii)
amending the Fair Housing Act (42 U.S.C. 3601 et seq.) to explicitly clarify that it prohibits all forms of sex discrimination, including on the basis of gender identity or sex characteristics; and
(iii)
amending the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) to explicitly clarify that it prohibits all forms of sex discrimination, including on the basis of gender identity or sex characteristics;
(D)
providing accessible avenues for legal recognition of transgender and nonbinary identities and guaranteeing full participation in civil life by—
(i)
eliminating Federal gender identification requirements on government documents that are unnecessary to determine the identity of the holder or are otherwise irrelevant to the purpose of the document;
(ii)
eliminating burdensome barriers to updating sex and names on passports, Social Security cards, and other forms of Federal Government identification and records, permitting, where possible, changes on self-attestation alone;
(iii)
requiring that an “X” marker be available on Federal Government identification and records that still require gender;
(iv)
requiring States to permit voters to update their name and gender on their voter registration and vote on the same day of Federal elections; and
(v)
making explicit that existing Federal statutes prohibiting sex discrimination in jury service also prohibit discrimination based on gender identity and sex characteristics;
(E)
strengthening the safety of transgender and nonbinary people by—
(i)
investing in community services to prevent intimate partner, family, and community violence against transgender and nonbinary people and expand services for transgender and nonbinary survivors;
(ii)
investing in mental health services and suicide prevention programs designed for transgender and nonbinary people;
(iii)
banning fraudulent and harmful so-called “conversion therapy” practices;
(iv)
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; and
(v)
exploring policies and practices that would improve the safety of transgender and nonbinary individuals incarcerated in jails, prisons, and immigration detention facilities, and ensure that those populations of transgender and nonbinary individuals have access to gender-affirming care, appropriate services, and commissary items; and
(F)
actively enforcing the civil rights of transgender and nonbinary people by all government agencies including by—
(i)
requiring the Attorney General to designate a liaison within the Civil Rights Division of the Department of Justice whose job is dedicated to advising on and overseeing enforcement of the civil rights of transgender and nonbinary people; and
(ii)
appropriating the funds necessary to fully staff and support the enforcement of these rights across agencies;
(2)
the actions listed in this resolution are only the first steps toward transgender equality;
(3)
to carry out the goals in this resolution, Federal agencies must collect gender identity and sex characteristics information on a voluntary, confidential basis solely for equity and public health purposes in key Federal surveys;
(4)
the Federal Government must make an ongoing commitment to the rights of transgender and nonbinary people; and
(5)
policies concerning transgender rights must be led and informed by transgender communities, in particular Black and Indigenous women who face heightened risk of violence, poverty, discrimination, and other harm due to their intersecting identities.