I 

109TH CONGRESS 

1ST SESSION H. R. 288 

To amend the Civil Rights Act of 1964 and the Fair Housing Act to 

prohibit discrimination on the basis of affectional or sexual orientation, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2005 

Mr. TOWNS introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Education and the 

Workforce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Civil Rights Act of 1964 and the Fair Housing 

Act to prohibit discrimination on the basis of affectional 

or sexual orientation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil Rights Amend5 ments Act of 2005’’. 

6 SEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964. 

7 (a) PUBLIC ACCOMMODATIONS.—(1) Section 201(a) 

8 of the Civil Rights Act of 1964 (42 U.S.C. 2000a(a)) is 
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1 amended by striking ‘‘religion,’’ and inserting ‘‘religion, 

2 affectional or sexual orientation,’’. 

3 (2) Section 202 of such Act (42 U.S.C. 2000a–1) is 

4 amended by striking ‘‘religion,’’ and inserting ‘‘religion, 

5 affectional or sexual orientation.’’. 

6 (b) PUBLIC FACILITIES.—Section 301(a) of such Act 

7 (42 U.S.C. 2000b(a)) is amended by striking ‘‘religion,’’ 

8 and inserting ‘‘religion, affectional or sexual orientation,’’. 

9 (c) FEDERALLY ASSISTED PROGRAMS.—Section 601 

10 of such Act (42 U.S.C. 2000d) is amended by striking 

11 ‘‘color,’’ and inserting ‘‘color, affectional or sexual orienta12 tion,’’. 

13 (d) EQUAL EMPLOYMENT OPPORTUNITIES.—(1) Sec14 tions 703(a), 703(b), 703(c), 703(d), 703(e), 703(h), 

15 703(j), 704(b), 706(g), and 717(a) of such Act (42 U.S.C. 

16 2000e–2(a), 2000e–2(b), 2000e–2(c), 2000e–2(d), 2000e– 

17 (e), 2000e–2(h), 2000e–2(j), 2000e–3(b), 2000e–5(g), 

18 and 2000e–16(a)) are amended by striking ‘‘sex,’’ each 

19 place it appears and inserting ‘‘sex, affectional or sexual 

20 orientation,’’. 

21 (2) Section 717(c) of such Act (42 U.S.C. 2000e– 

22 16(c)) is amended by striking ‘‘sex’’ and inserting ‘‘sex, 

23 affectional or sexual orientation,’’. 

24 (3) Section 703(h) of such Act (42 U.S.C. 2000e– 

25 2(h)) is amended by striking ‘‘sex’’ the first place it ap-
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1 pears and inserting ‘‘sex, affectional or sexual orienta2 tion,’’. 

3 (4) The heading of section 703 of such Act is amend4 ed by striking ‘‘sex,’’ and inserting ‘‘sex, affectional or sex5 ual orientation,’’. 

6 (e) INTERVENTION BY ATTORNEY GENERAL IN CIVIL

7 RIGHTS CASES.—Section 902 of such Act (42 U.S.C. 

8 2000h–2) is amended by striking ‘‘sex’’ and inserting 

9 ‘‘sex, affectional or sexual orientation,’’. 

10 (f) DEFINITION; RULES OF INTERPRETATION.—Title 

11 XI of such Act (42 U.S.C. 2000h et seq.) is amended by 

12 adding at the end the following new section: 

13 ‘‘AFFECTIONAL OR SEXUAL ORIENTATION

14 ‘‘SEC. 1107. (a) DEFINITION.—For purposes of titles 

15 II, III, VI, VII, and IX of this Act, the term ‘affectional 

16 or sexual orientation’ means male or female homosex17 uality, heterosexuality, and bisexuality by orientation or 

18 practice, by and between consenting adults. 

19 ‘‘(c) RULES OF INTERPRETATION.—(1) Nothing in 

20 this Act shall be construed to permit or require— 

21 ‘‘(A) that a finding of discrimination on 

22 the basis of affectional or sexual orientation be 

23 based on any statistical differences in the inci24 dence of persons of a particular affectional or 

25 sexual orientation in the general population as 
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1 opposed to the incidence of such persons in the 

2 activity concerned; or 

3 ‘‘(B) the use of any quota as a remedy for 

4 discrimination on the basis of affectional or sex5 ual orientation. 

6 ‘‘(2) Nothing in this Act shall be construed to 

7 require any person to disclose a personal affectional 

8 or sexual orientation.’’. 

9 SEC. 3. AMENDMENTS TO FAIR HOUSING ACT. 

10 (a) HOUSING SALE AND RENTAL, RESIDENTIAL

11 REAL-ESTATE-RELATED TRANSACTIONS, AND BROKER12 AGE SERVICES.—(1) Section 804 of the Civil Rights Act 

13 of 1968 (42 U.S.C. 3604) is amended by striking ‘‘reli14 gion,’’ each place it appears and inserting ‘‘religion, affec15 tional and sexual orientation (as such term is defined in 

16 section 802(p)),’’. 

17 (2) Section 805 of such Act (42 U.S.C. 3605) is 

18 amended by striking ‘‘religion,’’ each place it appears and 

19 inserting ‘‘religion, affectional or sexual orientation (as 

20 such term is defined in section 802(p)),’’. 

21 (3) Section 806 of such Act (42 U.S.C. 3606) is 

22 amended by striking ‘‘religion,’’ and inserting ‘‘religion, 

23 affectional or sexual orientation (as such term is defined 

24 in section 802(p)),’’. 
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1 (b) PREVENTION OF INTIMIDATION.—Section 901 of 

2 the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended 

3 by striking ‘‘religion,’’ each place it appears and inserting 

4 ‘‘religion, affectional or sexual orientation (as such term 

5 is defined in section 802(p)),’’. 

6 (c) DEFINITION.—Section 802 of the Civil Rights Act 

7 of 1968 (42 U.S.C. 3602) is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(p) ‘Affectional or sexual orientation’ means male 

10 or female homosexuality, heterosexuality, and bisexuality 

11 by orientation or practice, by and between consenting 

12 adults.’’. 

13 (d) RULES OF INTERPRETATION.—(1) Title VIII of 

14 the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) is 

15 amended by adding at the end the following new section: 

16 ‘‘RULES OF INTERPRETATION REGARDING AFFECTIONAL

17 OR SEXUAL ORIENTATION

18 ‘‘SEC. 821. (a) FINDINGS OF DISCRIMINATION; 

19 QUOTAS.—Nothing in this Act shall be construed to per20 mit or require— 

21 ‘‘(1) that a finding of discrimination on the 

22 basis of affectional or sexual orientation be based on 

23 any statistical differences in the incidence of persons 

24 of a particular affectional or sexual orientation in 

25 the general population as opposed to the incidence of 

26 such persons in the activity concerned; or 
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1 ‘‘(2) the use of any quota as a remedy for dis2 crimination on the basis of affectional or sexual ori3 entation. 

4 ‘‘(b) PROTECTION OF PRIVACY RIGHTS.—Nothing in 

5 this Act shall be construed to require any person to dis6 close a personal affectional or sexual orientation.’’. 

7 (2) Title IX of such Act (42 U.S.C. 3631 et 

8 seq.) is amended by adding at the end the following 

9 new section: 

10 ‘‘APPLICATION OF RULES OF INTERPRETATION

11 REGARDING AFFECTIONAL OR SEXUAL ORIENTATION

12 ‘‘SEC. 902. The provisions of this title are subject to 

13 the rules of interpretation described in section 821 of this 

14 Act.’’. 

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