IV 

118TH CONGRESS 

1ST SESSION H. RES. 269 

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 HOUSE OF REPRESENTATIVES 

MARCH 30, 2023 

Ms. JAYAPAL (for herself, Ms. JACOBS, Mr. POCAN, Mr. TAKANO, Mr. 

CICILLINE, Ms. ADAMS, Mr. ALLRED, Ms. BALINT, Ms. BARRAGA ́N, Mr. 

BLUMENAUER, Ms. BONAMICI, Mr. BOWMAN, Ms. BROWN, Ms. BUSH, 

Mr. CARSON, Mr. CARTER of Louisiana, Mr. CASAR, Mr. CASTEN, Ms. 

CASTOR of Florida, Ms. CHU, Ms. CLARKE of New York, Mr. CONNOLLY, 

Ms. CROCKETT, Mr. DAVIS of Illinois, Ms. DEAN of Pennsylvania, Ms. 

DEGETTE, Mr. DESAULNIER, Mr. DOGGETT, Ms. ESCOBAR, Ms. ESHOO, 

Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. FROST, Mr. 

GARAMENDI, Ms. GARCIA of Texas, Mr. ROBERT GARCIA of California, 

Mr. GARCI ́A of Illinois, Mr. GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, 

Mrs. HAYES, Mr. HIGGINS of New York, Mr. IVEY, Ms. JACKSON LEE, 

Mr. JOHNSON of Georgia, Ms. KAMLAGER-DOVE, Mr. KEATING, Mr. 

KHANNA, Mr. KILMER, Mr. KIM of New Jersey, Mr. KRISHNAMOORTHI, 

Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE of 

California, Ms. LEGER FERNANDEZ, Mr. LIEU, Mr. LYNCH, Ms. MATSUI, 

Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. MCGARVEY, Mr. MCGOVERN, 

Ms. MENG, Ms. MOORE of Wisconsin, Mr. MOULTON, Mr. MULLIN, Mr. 

NADLER, Mrs. NAPOLITANO, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. 

OMAR, Mr. PANETTA, Mr. PAYNE, Ms. PINGREE, Ms. PORTER, Ms. 

PRESSLEY, Mr. QUIGLEY, Mr. RASKIN, Ms. ROSS, Ms. SALINAS, Ms. 

SA ́NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SMITH of 

Washington, Ms. STANSBURY, Ms. STEVENS, Mr. THANEDAR, Ms. TITUS, 

Ms. TLAIB, Ms. TOKUDA, Mr. TONKO, Mrs. TRAHAN, Mr. TRONE, Mr. 

VARGAS, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON

COLEMAN, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) submitted the following resolution; which was referred to the Committee on 

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

Workforce, Energy and Commerce, Financial Services, and Oversight and 

Accountability, 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 


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•HRES 269 IH 

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 title VII of the Civil Rights Act of 1964 requires 

equal treatment under the law regardless of sex; 

Whereas the Supreme Court affirmed in Bostock v. Clayton 

County that Federal protection against discrimination on 

the basis of sex includes protection from discrimination 

on the basis of sexual orientation and gender identity; 

Whereas, despite these protections, transgender people still 

experience discrimination in medical care, employment, 

housing, education, lending, and other basic necessities; 

Whereas State lawmakers introduced more than 300 bills attacking the rights of LGBTQI+ people and transgender 

people in particular in the first 6 weeks of 2023; 

Whereas the right of transgender and nonbinary people to 

seek lifesaving, gender-affirming care is under threat 

across the Nation; 

Whereas the provision of best-practice age-appropriate gender-affirming health care is endorsed by— 

(1) the American Academy of Child and Adolescent 

Psychiatry; 

(2) the American Academy of Family Physicians; 

(3) the American Academy of Nursing; 

(4) the American Academy of Pediatrics; 


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•HRES 269 IH 

(5) the American College of Obstetricians and Gynecologists; 

(6) the American College of Physicians; 

(7) the American Counseling Association; 

(8) the American Heart Association; 

(9) the American Medical Association; 

(10) the American Nurses Association; 

(11) the American Osteopathic Association; 

(12) the American Psychiatric Association; 

(13) the American Psychological Association; 

(14) the American Public Health Association; 

(15) the American Society of Plastic Surgeons; 

(16) the Endocrine Society; 

(17) the National Association of Nurse Practitioners 

in Women’s Health; 

(18) the Pediatric Endocrine Society; 

(19) the Society for Adolescent Health and Medicine; 

(20) the World Medical Association; and 

(21) the World Professional Association for 

Transgender Health; 

Whereas transgender and nonbinary people face significant 

barriers to legal recognition of their truest selves on government documentation and identification; 

Whereas transgender and nonbinary people experience disproportionately high rates of poverty, homelessness, violence, and suicide; 

Whereas transgender and nonbinary people detained in jails, 

prisons, and immigration detention centers are especially 

vulnerable to violence and abuse and are often deprived 

of gender-affirming resources and health care; 


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•HRES 269 IH 

Whereas transgender people make unique, valuable contributions to American society and culture worth honoring and 

celebrating; 

Whereas transgender people have existed throughout history 

across the globe, demonstrating resilience, bravery, and 

authenticity; and 

Whereas transgender people are parents, siblings, children, 

chosen family, and friends deserving of human dignity 

and support: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the Federal Government has a duty to pro4 tect the rights of transgender and nonbinary people 

5 as outlined in this Transgender Bill of Rights by— 

6 (A) ensuring transgender and nonbinary 

7 people have equal access to services and public 

8 accommodations that align with their gender 

9 identity by— 

10 (i) amending the Civil Rights Act of 

11 1964 to prohibit discrimination on the 

12 basis of sex, including gender identity and 

13 sex characteristics in public accommoda14 tions and federally funded programs and 

15 activities; 

16 (ii) expanding the definition of public 

17 accommodation to address the full range of 


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•HRES 269 IH 

1 places and services that members of the 

2 general public utilize; 

3 (iii) explicitly clarifying that it is ille4 gal to discriminate on the basis of sex, in5 cluding gender identity or sex characteris6 tics in public accommodations and services 

7 on religious grounds; and 

8 (iv) amending Federal education laws 

9 to ensure that they protect students from 

10 discrimination based on sex, including gen11 der identity and sex characteristics, and 

12 guarantee students’ right to— 

13 (I) participate in sports on teams 

14 and in programs that best align with 

15 their gender identity; 

16 (II) use school facilities that best 

17 align with their gender identity; 

18 (III) have their authentic identity 

19 respected in the classroom; and 

20 (IV) have access to curriculum 

21 and books that accurately portray the 

22 substantive history and identity of 

23 LGBTQ+ people and Black, Indige24 nous, and people of color; 


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1 (B) recognizing the right to bodily auton2 omy and ethical health care for transgender and 

3 nonbinary people by— 

4 (i) strengthening, implementing, and 

5 enforcing prohibitions on discrimination in 

6 the provision of health care on the basis of 

7 sex, including on the basis of actual or per8 ceived gender identity or sex characteris9 tics; 

10 (ii) eliminating unnecessary govern11 mental restrictions on the provision of, and 

12 access to, gender-affirming medical care 

13 and counseling for transgender and non14 binary adults and youth; 

15 (iii) ensuring that health care pro16 viders following standards of care for 

17 transgender and nonbinary people are not 

18 targeted for criminal or civil penalties or 

19 professional discipline; 

20 (iv) protecting children from forceful 

21 removal from supportive homes; 

22 (v) protecting providers of gender-af23 firming care, reproductive health care, and 

24 abortion health care from threats and acts 

25 of violence related to their work; 


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1 (vi) expanding access to providers 

2 with competency serving transgender and 

3 nonbinary patients, including by recruiting 

4 and training more health care providers to 

5 provide appropriate care; 

6 (vii) expanding telehealth access to 

7 provide patients in rural and other under8 served locations better access to health 

9 care services; 

10 (viii) codifying Roe v. Wade, guaran11 teeing the right to abortion, and codifying 

12 the right to reproductive health care such 

13 as contraceptives and assistive reproductive 

14 technology for everyone, including 

15 transgender and nonbinary people; and 

16 (ix) banning the use of forced surgery 

17 that violates medical ethics and human 

18 rights on intersex children and infants; 

19 (C) ensuring transgender and nonbinary 

20 people can care for themselves and their fami21 lies by fully codifying the Bostock decision by— 

22 (i) eliminating hiring and employment 

23 discrimination and workforce exclusion by 

24 amending title VII of the Civil Rights Act 

25 of 1964 to explicitly clarify that employers 


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•HRES 269 IH 

1 may not discriminate on the basis of actual 

2 or perceived gender identity or sex charac3 teristics; 

4 (ii) amending the Fair Housing Act to 

5 explicitly clarify that it prohibits all forms 

6 of sex discrimination, including on the 

7 basis of gender identity or sex characteris8 tics; and 

9 (iii) amending the Equal Credit Op10 portunity Act to explicitly clarify that it 

11 prohibits all forms of sex discrimination, 

12 including on the basis of gender identity or 

13 sex characteristics; 

14 (D) providing accessible avenues for legal 

15 recognition of transgender and nonbinary iden16 tities and guaranteeing full participation in civil 

17 life by— 

18 (i) eliminating Federal gender identi19 fication requirements on government docu20 ments that are unnecessary to determine 

21 the identity of the holder or otherwise ir22 relevant to the purpose of the document; 

23 (ii) eliminating burdensome barriers 

24 to updating sex and names on passports, 

25 Social Security cards, and other forms of 


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•HRES 269 IH 

1 Federal Government identification and 

2 records, permitting, where possible, 

3 changes on self-attestation alone; 

4 (iii) requiring that an ‘‘X’’ marker be 

5 available on Federal Government identi6 fication and records that still require gen7 der; 

8 (iv) requiring States to permit voters 

9 to update their name and gender on their 

10 voter registration and vote on the same 

11 day of Federal elections; and 

12 (v) making explicit that existing Fed13 eral statutes prohibiting sex discrimination 

14 in jury service also prohibit discrimination 

15 based on gender identity and sex charac16 teristics; 

17 (E) strengthening the safety of 

18 transgender and nonbinary people by— 

19 (i) investing in community services to 

20 prevent intimate partner, family, and com21 munity violence against transgender and 

22 nonbinary people and expand services for 

23 transgender and nonbinary survivors; 


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1 (ii) investing in mental health services 

2 and suicide prevention programs designed 

3 for transgender and nonbinary people; 

4 (iii) banning fraudulent and harmful 

5 so-called ‘‘conversion therapy’’ practices; 

6 (iv) ensuring robust regulations and 

7 procedures that affirm that claims for im8 migration relief or asylum based on perse9 cution related to gender, sexual orienta10 tion, gender identity, and sex characteris11 tics are protected grounds in the context of 

12 asylum adjudications; and 

13 (v) exploring policies and practices 

14 that would improve the safety of 

15 transgender and nonbinary individuals in16 carcerated in jails, prisons, and immigra17 tion detention facilities and ensure that 

18 those populations have access to gender-af19 firming care, appropriate services, and 

20 commissary items; and 

21 (F) actively enforcing the civil rights of 

22 transgender and nonbinary people by all gov23 ernment agencies including by— 

24 (i) requiring the Attorney General to 

25 designate a liaison within the Civil Rights 


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•HRES 269 IH 

1 Division of the Department of Justice 

2 dedicated to advising on and overseeing en3 forcement of the civil rights of transgender 

4 and nonbinary people; and 

5 (ii) appropriating the funds necessary 

6 to fully staff and support the enforcement 

7 of these rights across agencies; 

8 (2) the actions listed above are only the first 

9 steps toward transgender equality; 

10 (3) to carry out the goals above, Federal agen11 cies must collect gender identity and sex characteris12 tics information on a voluntary, confidential basis 

13 solely for equity and public health purposes in key 

14 Federal surveys; 

15 (4) the Federal Government must make an on16 going commitment to the rights of transgender and 

17 nonbinary people; and 

18 (5) policies concerning transgender rights must 

19 be led and informed by transgender communities, in 

20 particular Black and Indigenous women who face 

21 heightened risk of violence, poverty, discrimination, 

22 and other harm due to their intersecting identities. 

Æ 


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