II 

118TH CONGRESS 

1ST SESSION S. 2797 

To ensure religious freedom and rights of conscience for health care workers 

and other government employees, and to protect health care workers 

and other government employees from various forms of compelled speech. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2023 

Mr. RUBIO (for himself, Mr. VANCE, Mr. TILLIS, and Mrs. HYDE-SMITH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To ensure religious freedom and rights of conscience for 

health care workers and other government employees, 

and to protect health care workers and other government 

employees from various forms of compelled speech. 

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 ‘‘Protecting Conscience 

5 in Our Health Care Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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•S 2797 IS

1 (1) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means a hospital, health clinic, medical organi3 zation, or other health care entity, using Federal 

4 funds to implement a program or activity, or a re5 lated policy. 

6 (2) FEDERAL FUNDS.—The term ‘‘Federal 

7 funds’’ includes direct and indirect Federal financial 

8 assistance. 

9 (3) PROGRAM OR ACTIVITY.—The term ‘‘pro10 gram or activity’’ has the meaning given the term in 

11 section 606 of the Civil Rights Act of 1965 (20 

12 U.S.C. 2000d–4a). 

13 (4) SEX.—Except as provided in section 

14 3(a)(6), the term ‘‘sex’’— 

15 (A) means the biological indication of male 

16 and female in the context of natural reproduc17 tive potential or capacity, such as genes or sex 

18 chromosomes, gonads, and nonambiguous inter19 nal and external genitalia present at or before 

20 birth; and 

21 (B) does not include an individual’s psy22 chological, chosen, or subjective experience. 

23 (5) STATE GOVERNMENT OR AGENCY.—The 

24 term ‘‘State’’, used with respect to a government or 

25 agency, means a government or agency, respectively, 


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1 using Federal funds to implement a program or ac2 tivity, or a related policy. 

3 SEC. 3. FEDERAL FUNDS LIMITATION TO PROTECT 

4 AGAINST COMPELLED SPEECH AND ACTION. 

5 (a) PROHIBITION ON COMPELLED SPEECH AND AC6 TION.—No Federal or State government or agency, or cov7 ered entity shall— 

8 (1) require an employee to participate in a sem9 inar, workshop, training, or other educational or 

10 professional activity, or in using a curriculum, that 

11 advocates for the idea that an individual can have an 

12 identity that is incongruent with their sex; 

13 (2) require an employee to attend or participate 

14 in an event or activity affirming, celebrating, or sup15 porting an identity that is incongruent with an indi16 vidual’s sex; 

17 (3) require, as a condition of employment or 

18 good standing with the government, agency, or enti19 ty involved, that an employee pledge or otherwise 

20 commit to support or condone an identity that is in21 congruent with an individual’s sex through verbal af22 firmation, written recognition, or any physical exer23 cise; 

24 (4) require, as a condition of employment or 

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1 ty involved, that an employee sign a statement of 

2 commitment to a particular belief or form of social 

3 action that supports, condones, or advances the idea 

4 that an individual can have an identity that is incon5 gruent with their sex; 

6 (5) require, as a condition of employment or 

7 good standing with the government, agency, or enti8 ty involved, that an employee wear apparel or an ac9 cessory that supports or condones an identity that is 

10 incongruent with an individual’s sex; 

11 (6) require an employee to affirm and use pre12 ferred pronouns of another, including a medical pa13 tient, without regard for whether those pronouns 

14 conflict with the employee’s religious or moral be15 liefs, or the employee’s understanding of the rela16 tionship between sex and identity; 

17 (7) require an employee to share the employee’s 

18 preferred pronouns upon meeting or interacting with 

19 another individual or patient, or to include preferred 

20 pronouns on or in a name tag, email signature, busi21 ness card, or other regular means of communication; 

22 or 

23 (8) terminate an employee’s employment be24 cause, based on their religious or moral beliefs, the 

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1 edge someone’s professed identity that is incon2 gruent with sex, including refusing to carry out any 

3 activity that a Federal or State government or agen4 cy, or covered entity may not require under any of 

5 paragraphs (1) through (7). 

6 (b) PROHIBITION ON RETALIATION.—It shall be un7 lawful for a Federal or State government or agency, or 

8 covered entity to intimidate, threaten, coerce, or discrimi9 nate against any individual because the individual has 

10 made a complaint, testified, assisted, or participated in 

11 any manner in a civil action under section 4. 

12 (c) REMEDY.—The remedies, procedures, and rights 

13 set forth in title VI of the Civil Rights Act of 1964 (42 

14 U.S.C. 2000d et seq.) shall be available to— 

15 (1) any person aggrieved by any violation of 

16 subsection (a) by a State government or agency, or 

17 covered entity; and 

18 (2) any person aggrieved by any violation of 

19 subsection (b) by a Federal or State government or 

20 agency, or covered entity, 

21 with respect to the amount of Federal financial assistance 

22 expended for the period of the violation. 


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1 SEC. 4. PRIVATE RIGHT OF ACTION FOR AFFECTED INDI2 VIDUALS. 

3 (a) IN GENERAL.—Any individual employed by a 

4 Federal or State government or agency, or covered entity 

5 may bring a civil action in an appropriate district court 

6 of the United States against the government, agency, or 

7 entity involved for a violation of section 3(a). 

8 (b) REMEDY.—In the case that the individual de9 scribed in subsection (a) demonstrates such a violation, 

10 the individual shall be entitled to— 

11 (1) declaratory and injunctive relief; and 

12 (2) reasonable attorney’s fees, and costs of the 

13 action, that the court determines are appropriate to 

14 award to a prevailing plaintiff. 

Æ 


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