‘‘(7) any place of or provider of transportation serv-
ices; 
‘‘(8) any provider of funeral services or burial plots, 
except those that primarily limit their services or facilities 
to those of a particular religion, unless such provider dis-
criminates because of race, color, or national origin; 
‘‘(9) any store, shopping center, or online retailer or 
provider of online services that has 15 or more employees 
for each working day in each of 20 or more calendar weeks 
in the current or preceding calendar year. This employee 
threshold shall not apply to a claim of discrimination be-
cause of race, color, or national origin or to a place of 
public accommodation covered under paragraphs (1) 
through (8);’’; and 
(D) by inserting after paragraph (10) the 
following: 
‘‘(11)(A) The provisions of this title shall not 
apply to— 
‘‘(i) any building or collection of buildings 
that is used primarily as a denominational 
headquarters, church administrative office, or 
church conference center; 
‘‘(ii) a place of worship, such as a church, 
synagogue, mosque, chapel, and its appurtenant 
properties used primarily for religious purposes; 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(iii) a religious educational institution 
and its appurtenant properties used primarily 
for religious purposes; 
‘‘(iv) in connection with a religious celebra-
tion or exercise: a facility that is supervised by 
a priest, pastor, rabbi, imam, or minister of any 
faith, or religious certifying body, and that is 
principally engaged in providing food and bev-
erages in compliance with religious dietary re-
quirements; or 
‘‘(v) any online operations or activities of 
an organization exempt under this section. 
‘‘(B) The following shall not be a place of pub-
lic accommodation, even if used for a commercial 
purpose, except within the area and during the time 
that the property or facility is open to the public; 
operated primarily for a commercial purpose; and 
not primarily related to the inculcation, promotion, 
or expression of religion— 
‘‘(i) other appurtenant properties or facili-
ties owned or operated by a church, by another 
house of worship, or by a religious educational 
institution; or 
‘‘(ii) a property owned or operated pri-
marily for noncommercial purposes by a non-
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
profit religious corporation that holds itself out 
to the public as substantially religious, has as 
its stated purpose in its organic documents that 
it is religious, and is substantially religious in 
its current operations. 
‘‘(C) Subparagraphs (A) and (B) shall not 
apply to a person or entity that discriminates be-
cause of race, color, or national origin with respect 
to a property or facility enumerated in subparagraph 
(A) or (B). 
‘‘(12) Provided that equivalent treatment, serv-
ices, facilities, and benefits are made available and 
without prejudicing rights or protections based on 
any other protected class status— 
‘‘(A) nothing in this title that refers to 
‘sex’ shall be construed to prevent a fitness cen-
ter, spa, or similar place, whose services or fa-
cilities are intended for the exclusive use of per-
sons of the same sex, from providing the use of 
those services or facilities exclusively to persons 
of that sex or prohibit a place of public accom-
modation from temporarily restricting access to 
a fitness center, spa, pool, or similar place, ac-
cording to sex; and 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) a place of public accommodation shall 
reasonably accommodate a patron who requests 
greater privacy within a facility intended for the 
exclusive use of persons of the same sex. 
‘‘(13) Nothing in this title shall be construed to 
require or prohibit any person, or public or private 
entity, to provide or pay for any benefit or service, 
including the use of facilities, related to an abortion. 
Nothing in this title shall be construed to permit a 
penalty to be imposed on any person or any indi-
vidual because such person or individual is seeking 
or has received any benefit or service related to a 
legal abortion.’’; and 
(3) by adding at the end of subsection (e) the 
following: 
‘‘(f) DEFINITIONS.—For purposes of this title: 
‘‘(1) The term ‘gender identity’ means the gen-
der-related identity, appearance, mannerisms, or 
other gender-related characteristics of an individual, 
without regard to the individual’s designated sex at 
birth. A person’s gender identity can be shown by 
providing evidence, including medical history, care or 
treatment of the gender identity, consistent and uni-
form assertion of the gender identity, or other evi-
dence that the gender identity is sincerely held, part 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
of a person’s core identity, and not being asserted 
for an improper purpose. 
‘‘(2) The term ‘sexual orientation’ means homo-
sexuality, heterosexuality, or bisexuality. 
‘‘(3) The term ‘online retailer or provider of on-
line services’ means a web page by a commercial 
business not enumerated in paragraph (11) that in-
vites the general public to purchase a good or service 
by use of a credit card or similar payment device 
over the internet. It does not mean a web page that 
gives information about a good or service, including 
quality, price, or availability, but does not permit 
such purchase directly from the web page. 
‘‘(4) The terms ‘religion’ and ‘religious’ include 
all aspects of religious belief, observance, and prac-
tice, whether or not compelled by, or central to, a 
system of religion. 
‘‘(5) The term ‘religious corporation, associa-
tion, educational institution, or society’ includes— 
‘‘(A) a church, synagogue, mosque, temple, 
or other house of worship; 
‘‘(B) a nonprofit corporation, association, 
educational institution, society, or other non-
profit entity that is, in whole or in substantial 
part, owned, supported, controlled, or managed 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
by a particular religion or by a particular 
church, denomination, convention, or associa-
tion of churches or other houses of worship; or 
‘‘(C) a nonprofit corporation, association, 
educational institution, society, or other non-
profit entity that holds itself out to the public 
as substantially religious, has as its stated pur-
pose in its organic documents that it is reli-
gious, and is substantially religious in its cur-
rent operations. 
‘‘(g) ADDITIONAL FACILITIES NOT REQUIRED.— 
Nothing in this title shall be construed to require the con-
struction of new or additional facilities.’’. 
SEC. 3. PROHIBITION ON DISCRIMINATION IN FEDERALLY 
FUNDED PROGRAMS. 
The Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended— 
(1) in section 601, by inserting ‘‘sex, sexual ori-
entation, gender identity,’’ before ‘‘or national ori-
gin.’’; 
(2) in section 601, by adding at the end the fol-
lowing: 
‘‘Nothing in sections 602 through 614 of this title shall 
be construed to alter or amend this section with respect 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
to discrimination on the ground of race, color, or national 
origin.’’; 
(3) in section 606, by striking ‘‘For the pur-
poses of this title’’ and inserting ‘‘Subject to section 
607, for the purposes of this title’’; and 
(4) by adding at the end the following: 
‘‘SEC. 607. PROGRAM OR ACTIVITY AND PROGRAM DEFINED 
FOR PURPOSES OF RELIGIOUS ENTITIES AS 
APPLIED TO SEX, SEXUAL ORIENTATION, OR 
GENDER IDENTITY. 
‘‘For the purposes of this title, as applied to sex, sex-
ual orientation, and gender identity, for any religious cor-
poration, association, educational institution, or society, 
the term ‘program or activity’ and the term ‘program’ are 
limited to any specific program or activity, or part thereof, 
that receives Federal financial assistance. Any penalty or 
loss of Federal financial assistance assessed against such 
a religious entity shall be limited to the program or activ-
ity or program, or part thereof, that is determined to have 
violated section 601. 
‘‘SEC. 608. SAFEGUARDS FOR RELIGIOUS ORGANIZATIONS 
RECEIVING ASSISTANCE. 
‘‘(a) IN GENERAL.—An otherwise qualified religious 
provider shall be eligible to receive Federal financial as-
sistance for a particular service without regard to the pro-
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
vider’s religious views or teachings, notwithstanding sec-
tion 2000d. Subject to this title, a religious organization 
that applies for, or participates in, a program or activity 
receiving Federal financial assistance shall retain its inde-
pendence and may continue to carry out its mission, in-
cluding the definition, development, and expression of its 
religious beliefs. 
‘‘(b) SPECIFIC SAFEGUARDS.—Nothing in this title 
prohibits a religious organization receiving Federal finan-
cial assistance from using space in its buildings and other 
facilities to conduct its program or activities where there 
is religious art, icons, messages, scriptures, or other sym-
bols. Additionally, the organization retains authority over 
its internal governance and thus may have religious words 
in the organization’s name, select members of its gov-
erning board based on religious criteria, and have religious 
references in its mission statement and other governing 
documents. 
‘‘(c) EDUCATIONAL
AND
CHILDCARE
INSTITU-
TIONS.—A religious educational institution or daycare 
center may enforce with reasonable consistency written re-
ligious standards in its admission criteria, educational pro-
grams, student retention policies, or residential life policy, 
unless those standards would exclude or remove a student 
solely because of a prohibited classification under section 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
601 with respect to that student’s parent or legal guard-
ian. 
‘‘(d) 
MARRIAGE
AND
FAMILY
EDUCATION, 
STRENGTHENING, AND COUNSELING PROGRAMS.—For 
purposes of sexual orientation and gender identity, a reli-
gious corporation, association, educational institution, or 
society receiving Federal financial assistance shall be 
deemed in compliance with section 601 notwithstanding 
the content of any marriage or family education, strength-
ening, or counseling programming, provided that the re-
cipient does not exclude beneficiaries on the basis of sexual 
orientation or gender identity. 
‘‘(1) REFERRAL OBLIGATION.—If a beneficiary 
or prospective beneficiary objects to the religious 
character of the recipient, the recipient will under-
take reasonable efforts as described in subsection 
(d)(2) to identify and refer the beneficiary to an al-
ternative provider to which the beneficiary has no 
objection; however, the recipient is not obligated to 
guarantee that in every instance an alternative pro-
vider will be available. 
‘‘(2) AGENCY RESPONSIBILITIES.—Each agency 
responsible for administering or supporting a social 
service program with Federal financial assistance 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
shall establish policies and procedures designed to 
ensure that— 
‘‘(A) appropriate and timely referrals are 
made to an alternative provider; 
‘‘(B) all referrals are made in a manner 
consistent with all applicable privacy laws and 
regulations; 
‘‘(C) the recipient subject to subsection 
(d)(1) notifies the agency of any referral; 
‘‘(D) such recipient has established a proc-
ess for determining whether the beneficiary has 
contacted the alternative provider; and 
‘‘(E) each beneficiary of a marriage or 
family education, strengthening, or counseling 
program that receives Federal financial assist-
ance receives written notice of the protections 
set forth in this section prior to enrolling in or 
receiving services from such program. 
‘‘(3) RECIPIENT’S RESPONSIBILITIES.—The re-
ferral obligation of the recipient under section (d)(2) 
shall be satisfied by the recipient if it— 
‘‘(A) makes appropriate and timely refer-
rals to an alternative provider; 
‘‘(B) refers in a manner consistent with all 
applicable privacy laws and regulations; 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS