I 
116TH CONGRESS 
1ST SESSION H. R. 5331 
To prohibit discrimination on the basis of sex, sexual orientation, and gender 
identity; and to protect the free exercise of religion. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2019 
Mr. STEWART
(for himself, Mr. BISHOP
of Utah, Mr. CURTIS, Mr. 
FITZPATRICK, Mr. SIMPSON, Mr. UPTON, Ms. STEFANIK, Mr. AMODEI, 
and Mr. JOYCE of Ohio) introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees 
on Education and Labor, Ways and Means, Financial Services, Oversight 
and Reform, and House Administration, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To prohibit discrimination on the basis of sex, sexual orienta-
tion, and gender identity; and to protect the free exercise 
of religion. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for All Act’’. 
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SEC. 2. PROHIBITION AGAINST DISCRIMINATION OR SEG-
REGATION IN PLACES OF PUBLIC ACCOMMO-
DATION. 
Section 201 of the Civil Rights Act of 1964 (42 
U.S.C. 2000a) is amended— 
(1) in subsection (a), by inserting ‘‘sex, sexual 
orientation, gender identity,’’ before ‘‘or national ori-
gin’’; 
(2) in subsection (b)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (10); 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4) any place of exercise, recreation, or amusement, 
other than religious camps or religious retreat centers; 
‘‘(5) any provider of financial services, including 
banks, credit unions, mortgage houses, brokers, and finan-
cial planners; 
‘‘(6) for the purpose of classifications enumerated in 
subsection (a) and not described by section 1557 of the 
Patient Protection and Affordable Care Act (42 U.S.C. 
18116(a))— 
‘‘(A) any provider of medical services. It shall 
not constitute a violation of this title to provide a 
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service, treatment, therapy, procedure, or drug on 
the same medical terms or criteria applicable to indi-
viduals needing that service, treatment, therapy, pro-
cedure or drug, without regard to protected class 
status; 
‘‘(B) any provider of mental health care, except 
that this section shall not apply when the primary 
objective is to assist a person in entering or sus-
taining a marriage, so long as the provider coordi-
nates a referral of the client to another qualified 
mental health care provider who will provide the 
needed service and the client is not in imminent dan-
ger of harming self or others; 
‘‘(C) nothing in subparagraph (B) shall apply 
to a priest, pastor, rabbi, imam, or minister of any 
faith while acting substantially in a ministerial ca-
pacity; and 
‘‘(D) a provider of medical services covered by 
subparagraph (A) or a provider of mental health 
care covered by subparagraph (B) may make evi-
dence-based medical determinations and may refer 
patients when necessary for a patient’s best interests 
and welfare, including professional expertise; 
‘‘(7) any place of or provider of transportation serv-
ices; 
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‘‘(8) any provider of funeral services or burial plots, 
except those that primarily limit their services or facilities 
to those of a particular religion; 
‘‘(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; 
‘‘(iii) a religious educational institution 
and its appurtenant properties used primarily 
for religious purposes; 
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‘‘(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-
profit religious corporation that holds itself out 
to the public as substantially religious, has as 
its stated purpose in its organic documents that 
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it is religious, and is substantially religious in 
its current operations. 
‘‘(C) This paragraph (11) shall not apply to a 
person or entity that discriminates because of race, 
color, or national origin with respect to a property 
or facility enumerated in (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 
‘‘(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. 
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‘‘(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 
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. 
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‘‘(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 
by a particular religion or by a particular 
church, denomination, convention, or associa-
tion of churches or other houses of worship; or 
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‘‘(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 606, by striking ‘‘For the pur-
poses of this title’’ and inserting ‘‘Subject to section 
607, for the purposes of this title’’; and 
(3) by adding at the end the following: 
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‘‘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-
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. 
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‘‘(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 are based on race, color, or na-
tional origin or would exclude or remove a student solely 
because of a prohibited classification under section 601 
with respect to that student’s parent or legal guardian. 
‘‘(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 
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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 
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; 
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‘‘(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; 
‘‘(C) notifies the agency of the referral; 
‘‘(D) has established a process for deter-
mining whether the beneficiary has contacted 
the alternative provider; and 
‘‘(E) can demonstrate that each bene-
ficiary of a social service program received writ-
ten notice of the protections set forth in this 
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section prior to enrolling in or receiving services 
from such program. 
‘‘SEC. 609. SPECIALIZED FEDERAL FINANCIAL ASSISTANCE 
TO AN ENTIRE ENTITY. 
‘‘(a) Any religious corporation, association, edu-
cational institution, or society that is otherwise eligible for 
Federal financial assistance that is awarded to entities to 
support the safety or infrastructure of the entity cannot 
be excluded from assistance because of its religious beliefs 
or practices. Such assistance includes Federal financial as-
sistance for historic preservation, disaster recovery, or fa-
cilities security. The religious corporation, association, 
educational institution, or society shall be deemed in com-
pliance with section 601, provided that funds used for pro-
curement from a third-party vendor must be used in a 
manner that complies with section 601. 
‘‘(b) For the purposes of this subsection, a religious 
educational institution or daycare center that receives 
funds under the Richard B. Russell National School 
Lunch Act shall not be deemed a recipient of Federal fi-
nancial assistance. 
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‘‘SEC. 610. FEDERAL FINANCIAL ASSISTANCE FOR ADOP-
TION AND FOSTER CARE. 
‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION 
OF POLICY.—The Congress hereby finds and declares the 
following: 
‘‘(1) At-risk children deserve a safe and caring 
family, and reducing the number of vulnerable chil-
dren without a permanent home is in the Federal in-
terest. 
‘‘(2) There is a national deficit in the number 
of adoptive and foster parents and the private agen-
cies qualified to serve these children. Federal and 
State governments should cooperate to encourage 
new agencies to join the effort to serve the needs of 
vulnerable children, alongside private agencies that 
have already been doing that crucial work for dec-
ades, including agencies whose commitment to serve 
arises from profound religious convictions. 
‘‘(3) By providing safe and welcoming homes to 
vulnerable children, adoptive and foster care parents 
serve the best interests of children and contribute to 
the common good of our communities in ways that 
are irreplaceable. Such parents should be empowered 
to adopt children based on their merits as parents, 
without being thwarted by discriminatory obstacles. 
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‘‘(4) By finding safe and welcoming homes for 
vulnerable children, religious and other providers of 
adoption and foster care services, facilitate connec-
tions between good parents and vulnerable children. 
In doing so, such providers also contribute to the 
common good of our communities in ways that are 
irreplaceable. 
‘‘(5) The indirect funding program created by 
this section is intended to be a permanent and fully 
funded program that links vulnerable children to 
good parents in order to serve the best interests of 
children. This indirect funding program will do so by 
ensuring that diverse adoption and foster care pro-
viders, including religious providers, will continue to 
receive Federal financial assistance. 
‘‘(6) Therefore, it is the policy of the Federal 
Government to protect the best interests of at-risk 
children by establishing minimum Federal standards 
that guarantee the equal treatment of qualified fam-
ilies seeking to offer foster care or adoption and an 
equal respect for the diversity of private agencies, 
including religious agencies, that provide adoption 
and foster care services. This section shall be con-
strued in a manner consistent with these findings 
and declaration of policy. 
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‘‘(b) NONDISCRIMINATION
REQUIREMENTS.—Fed-
eral financial assistance for adoption, foster care, or re-
lated services is subject to section 601, unless otherwise 
provided in this section. Any entity that receives Federal 
financial assistance to perform adoption or foster care 
placements or related services, or that contracts with an 
entity that receives Federal financial assistance for those 
services, except for a private agency when participating 
in the indirect funding program as described under sub-
section (c)(2)(B) or (d)(1), may not in the course of per-
forming an adoption, foster care, or related service dis-
criminate against a prospective parent or a child because 
of race, color, national origin, sex, sexual orientation, or 
gender identity. 
‘‘(1) An entity unlawfully discriminates against 
a prospective parent by— 
‘‘(A) denying to any qualified person equal 
access to or equal treatment during the adop-
tion or foster care evaluation and placement 
process because of the race, color, national ori-
gin, sex, sexual orientation or gender identity of 
the qualified prospective adoptive or foster par-
ent or of the child involved; 
‘‘(B) delaying or denying the placement of 
a child for adoption or into foster care because 
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of the race, color, national origin, sex, sexual 
orientation, or gender identity of the qualified 
prospective adoptive or foster parent, or of the 
child involved; 
‘‘(C) requiring different or additional 
screenings, processes, or procedures for adop-
tive or foster care placement because of the 
race, color, national origin, sex, sexual orienta-
tion, or gender identity of the qualified prospec-
tive adoptive or foster parent, or of the child in-
volved; 
‘‘(D) requiring a qualified prospective fos-
ter parent to subscribe to subparagraph (D) or 
(E) of section (b)(2); or 
‘‘(E) excluding a qualified prospective 
adoptive or foster parent because of the par-
ent’s religion. 
‘‘(2) An entity unlawfully discriminates against 
a child by— 
‘‘(A) denying to any qualified person equal 
access to or equal treatment during the adop-
tion or foster care evaluation and placement 
process because of the race, color, national ori-
gin, sex, sexual orientation, or gender identity 
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of the qualified prospective adoptive or foster 
parent, or of the child involved; 
‘‘(B) delaying or denying the placement of 
a child for adoption or into foster care because 
of the race, color, national origin, sex, sexual 
orientation, or gender identity of the qualified 
prospective adoptive or foster parent, or of the 
child involved; 
‘‘(C) requiring different or additional 
screenings, processes, or procedures for adop-
tive or foster care placement because of the 
race, color, national origin, sex, sexual orienta-
tion, or gender identity of the qualified prospec-
tive adoptive or foster parent, or of the child in-
volved; 
‘‘(D) treating a child in the legal custody 
of the State inconsistently with the child’s gen-
der identity, as demonstrated by the child’s 
medical history, care or treatment of the child’s 
gender identity, consistent and uniform asser-
tion of the gender identity, or other evidence 
that the gender identity is sincerely held, is 
part of the child’s core identity, and is not 
being asserted for an improper purpose; or 
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‘‘(E) subjecting any child in the legal cus-
tody of the State to any practice or treatment 
that seeks to change the child’s sexual orienta-
tion or gender identity. It shall be lawful for a 
professional counselor licensed by the State to 
assist a minor, without regard to sexual ori-
entation or gender identity, to prevent or ad-
dress unlawful conduct or unsafe sexual prac-
tices. 
‘‘(c) INDIRECT FUNDING OF ADOPTION AND FOSTER 
CARE SERVICES.— 
‘‘(1) ESTABLISHMENT OF INDIRECT FUNDING 
PROGRAM.—The Department of Health and Human 
Services, the Social Security Administration, the De-
partment of State, and any other agency authorized 
by Federal law to administer Federal financial as-
sistance for the support of adoption and foster care 
services shall issue final rules within two years of 
the enactment of this Act to create an indirect fund-
ing program that delivers Federal financial assist-
ance to eligible prospective parents for the purpose 
of obtaining such services through a qualified private 
agency that they select. 
‘‘(A) This indirect funding program will 
entitle a qualified State resident to receive a 
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certificate to assist with the costs of a personal 
assessment, background check, home study, en-
dorsement, certification of a person’s eligibility 
to act as the guardian of a child in foster care 
or as the parent of a child available for adop-
tion, and placement of a child with an eligible 
individual or family. 
‘‘(B) A substantial proportion of appro-
priated Federal financial assistance for adop-
tion or foster care services, including assistance 
available under part B and part E of title IV 
of the Social Security Act, shall be allocated to 
fund the indirect funding program through the 
issuance of a certificate to eligible prospective 
parents. 
‘‘(C) Each certificate shall be worth an 
amount to be determined through agency rule-
making, but in no event less than $3,000 as in-
dexed to the Consumer Price Index as of Janu-
ary 1, 2019. 
‘‘(D) Participation in this indirect funding 
program may not be delayed or denied because 
of a State resident’s race, color, national origin, 
religion, sex, sexual orientation, or gender iden-
tity. 
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‘‘(E) The responsible Federal agencies 
shall establish policies and procedures designed 
to ensure that where a referral is required by 
this section— 
‘‘(i) an appropriate and timely referral 
is made to an alternative provider; 
‘‘(ii) all referrals are made in a man-
ner consistent with applicable privacy laws 
and regulations; 
‘‘(iii) the provider of adoption and fos-
ter care placement or related services noti-
fies the agency of any referral; and 
‘‘(iv) each applicant for and recipient 
of adoption or foster care placement or re-
lated services from a provider that receives 
Federal financial assistance will receive 
written notice from the provider of the pro-
tections set forth in this section when ap-
plying for or receiving such services. 
‘‘(2) IMPLEMENTATION OF INDIRECT FUNDING 
PROGRAM.— 
‘‘(A) APPROVED STATE PLAN.—To be eli-
gible for Federal financial assistance for adop-
tion or foster care services under part B or part 
E of title IV of the Social Security Act, a State 
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must develop a written plan approved by the 
Secretary of the Department of Health and 
Human Services providing that— 
‘‘(i) the State has established rules, 
policies, and procedures within 6 months 
after issuance of final rules under sub-
section (c)(1) that ensures the State’s full 
participation in the indirect funding pro-
gram by making available to each qualified 
State resident on request a certificate as 
prescribed by subsection (c)(1), to be used 
solely for the services enumerated in sub-
section (c)(1). This certificate may com-
mingle funding from Federal and State 
sources, and such commingled revenues 
shall be deemed Federal financial assist-
ance; 
‘‘(ii) the State uses its best efforts to 
increase the number of private organiza-
tions within each catchment area that are 
qualified to provide foster care and adop-
tion services, including organizations will-
ing to serve all qualified prospective par-
ents; 
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‘‘(iii) the State publishes and main-
tains a current list of licensed adoption 
and foster care providers with offices in 
the State, by catchment area, which list 
will identify providers that serve all appli-
cants, as well as those that serve particular 
communities and those that provide par-
ticular services; 
‘‘(iv) the State performs a prompt and 
cost-free eligibility assessment for every 
prospective parent who applies for a cer-
tificate, informs every eligible prospective 
parent of the licensed adoption and foster 
care 
providers 
in 
the 
participant’s 
catchment area, and may provide addi-
tional information to facilitate the prospec-
tive parent’s selection of a provider; 
‘‘(v) any State resident eligible to act 
as a foster parent or adoptive parent has 
an equal opportunity to obtain adoption or 
foster care related services from a provider 
who accepts the certificate described in 
section (c)(1); and 
‘‘(vi) when a qualified individual seek-
ing adoption or foster care placement or 
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related services is unable to obtain such 
services from a particular provider— 
‘‘(I) there is at least one other 
willing and qualified provider of such 
service in the same or adjacent 
catchment area that will serve all 
qualified individuals; 
‘‘(II) the provider gives an appro-
priate and timely referral to at least 
one alternative provider; 
‘‘(III) each referral is made in a 
manner consistent with applicable pri-
vacy laws and regulations; and 
‘‘(IV) the provider of adoption 
and foster care placement or related 
services notifies the State of any re-
ferral that is issued. 
‘‘(B) PROTECTIONS
FOR
PRIVATE
AGEN-
CIES.—No State or local government may— 
‘‘(i) deny any licensed provider of 
adoption or foster care placement or re-
lated services the opportunity to partici-
pate in the certificate program prescribed 
by subsection (c)(1); 
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‘‘(ii) deny any licensed provider of 
adoption or foster care placement or re-
lated services reasonable payment for serv-
ices actually rendered in reliance on a cer-
tificate; 
‘‘(iii) require a provider of adoption or 
foster care placement or related services to 
perform such services in a particular in-
stance as a condition of participating in 
the certificate program prescribed by sub-
section (c)(1), unless such service is re-
quired by Federal law or imposed pursuant 
to an agreement between the provider and 
the State that compensates the provider 
for such service exclusively with State reve-
nues; and 
‘‘(iv) withhold, suspend, or terminate 
contracts, cooperative agreements, grants, 
or other financial assistance when a pro-
vider of adoption or foster care placement 
or related services takes any action per-
mitted under this title. 
‘‘(3) AUTHORITY TO WITHHOLD FUNDS.—If a 
State fails to participate in the indirect funding pro-
gram, develop an appropriate State plan, or to com-
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ply with this section in any other respect, the Sec-
retary shall, after appropriate notice and failure to 
comply, withhold payment to the State of amounts 
otherwise payable under part B or E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq., 670 
et seq.), to the extent that the Secretary deems the 
withholding necessary to induce compliance. A State 
may elect not to comply with its duties under this 
section on condition that it declines Federal financial 
assistance for adoption and foster care. 
‘‘(d) PRIVATE RECIPIENTS OF FEDERAL FINANCIAL 
ASSISTANCE.— 
‘‘(1) PROTECTION FOR DIVERSE PROVIDERS.— 
A private organization that is eligible to receive Fed-
eral financial assistance through the certificate pro-
gram prescribed by subsection (c)(1) for providing 
any adoption or foster care placement or related 
services may— 
‘‘(A) decline to accept a certificate without 
being obligated to perform a particular service, 
despite receiving certificates to perform other 
covered adoption or foster care services, so long 
as the provider gives a referral to the certificate 
holder consistent with section (c)(2)(A)(vi)(II)– 
(IV); or 
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‘‘(B) after accepting a certificate, facilitate 
a mutually voluntary referral that does not un-
reasonably delay or disrupt the adoption or fos-
ter care evaluation and placement process. 
‘‘(2) MISREPRESENTATION.—After accepting a 
certificate, a provider of adoption or foster care serv-
ices may terminate its relationship with a prospec-
tive parent who makes a material misrepresentation 
of a fact that the prospective parent knew or should 
have known that the agency specifically requested. 
Such agency shall provide a referral consistent with 
subsection (c)(2)(A)(vi)(II)–(IV) and shall not lose 
its right under subsection (c)(2)(B)(ii) to reasonable 
payment for services actually performed. 
‘‘(3) PROTECTION FOR CUSTODIAL PARENTS.— 
A private organization that has received Federal fi-
nancial assistance through the certificate program 
prescribed by subsection (c)(1) shall not discriminate 
against the custodial parent of a child in foster care 
because of the custodial parent’s race, color, national 
origin, religion, sex, sexual orientation, or gender 
identity with respect to the monitoring of a parent 
whom the provider has previously endorsed or with 
whom the provider has placed a child. 
‘‘(e) MISCELLANEOUS.— 
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‘‘(1) CUSTODY OF CHILD IN FOSTER CARE.— 
For purposes of this section, a child in foster care 
shall be deemed to be in the legal custody of the 
State. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to prohibit an entity 
receiving Federal financial assistance for adoption, 
foster care, or related services from making an indi-
vidualized placement assessment in the best interest 
of the child’s health, safety, and welfare. 
‘‘(3) EFFECTIVE DATES.— 
‘‘(A) IN GENERAL.—Except as described in 
subsection (e)(1)(B), the protections under sub-
section (b) shall become effective on the date of 
enactment. 
‘‘(B) RELIGIOUS PROVIDER EXEMPTION.— 
‘‘(i) Section (b)(1) shall come into ef-
fect with respect to a religious adoption or 
foster care provider 12 months after the 
State where the provider operates has im-
plemented the certificate program as de-
scribed in section (c)(2)(A). 
‘‘(ii) If the certificate program is not 
substantially funded as required by sub-
section (c), the protections described by 
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subsection (b)(1) shall become unenforce-
able as to a religious adoption or foster 
care provider until funding is provided or 
restored. 
‘‘(iii) For purposes of this section, ‘re-
ligious adoption or foster care provider’ 
means a licensed or accredited nonprofit 
provider of adoption or foster care services 
that— 
‘‘(I) is in whole or substantial 
part, owned, supported, controlled, or 
managed by a particular religion or by 
a particular church, denomination, 
convention, or association of churches 
or other houses of worship; or 
‘‘(II) holds itself out to the public 
as substantially religious, has as its 
stated purpose in its organic docu-
ments that it is religious, and is sub-
stantially religious in its current oper-
ations. 
‘‘(4) PRIVATE RIGHTS OF ACTION.— 
‘‘(A) Nothing in this section shall be con-
strued to authorize a right of action against a 
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private organization for the exercise of rights 
provided under subsection (d)(1). 
‘‘(B) A private right of action may be 
brought by a private organization under section 
1107. 
‘‘(5) SUPPLANTING PROHIBITED.—Any Federal 
funds received under this section shall be used to 
supplement, not supplant, non-Federal funds that 
would otherwise be available for activities funded 
under this subchapter. 
‘‘(6) EFFECT ON FEDERAL LAWS RESPECTING 
RACIAL
DISCRIMINATION.—Nothing in this section 
shall be construed to alter, affect, or supersede any 
Federal law that addresses discrimination because of 
race, color, or national origin by any State or private 
organization that receives Federal financial assist-
ance for adoption or foster care placement or related 
services. 
‘‘(7) APPLICATION
TO
STATES
WITH
WAIV-
ERS.—For any State that, on the date of enactment 
of this Act, has in effect a waiver approved under 
section 1130 of the Social Security Act (42 U.S.C. 
1320a–9), the amendments to this title shall not 
apply to that State before the expiration of the waiv-
er (determined without regard to any extensions), to 
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the extent that an amendment is inconsistent with 
the terms of the waiver. 
‘‘(8) EFFECT
ON
STATE
LAWS.—Nothing in 
this section shall be construed to supersede a State 
or local law, policy, or contract addressing the legal 
conditions of receiving Government funding for 
adoption or foster care services, provided that the 
State or local law does not directly conflict with this 
section. 
‘‘SEC. 611. SEX-SPECIFIC SEGREGATION OR PROGRAMS. 
‘‘(a) If sex segregation or sex-specific programming 
is necessary to the essential operation of a program or 
activity, nothing in this title shall prevent any such pro-
gram or activity from considering an individual’s sex, pro-
vided that where appropriate to accomplish the purpose 
of the program or activity, individuals are treated in ac-
cordance with their gender identity. 
‘‘(b) An educational institution receiving Federal fi-
nancial assistance shall reasonably accommodate a student 
who requests greater privacy with respect to the use of 
a facility designated for the exclusive use of persons of 
the same sex, provided that the accommodation does not 
exclude any student from such a facility to which the stu-
dent has a right of access or otherwise prejudice any right 
or privilege protected under this title. 
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‘‘(c) Nothing in this title shall be construed to alter 
or affect the Violence Against Women Act of 1994. 
‘‘SEC. 612. NEUTRALITY WITH RESPECT TO ABORTION. 
‘‘Nothing in this title shall be construed to require 
or prohibit any person, or public or private entity, to pro-
vide 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 individual because such person or indi-
vidual is seeking or has received any benefit or service re-
lated to a legal abortion. 
‘‘SEC. 613. NO EFFECT ON TITLE IX. 
‘‘Nothing contained in this title shall be construed to 
alter or affect title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.). Any claim that a person 
has been excluded because of sex from participation in, 
or denied the benefits of, or subjected to discrimination 
with respect to any education program or activity that re-
ceives Federal financial assistance shall be governed by 
title IX and not this title. 
‘‘SEC. 614. ADDITIONAL 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, 
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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 
of a person’s core identity, and not being asserted 
for an improper purpose. 
‘‘(2) 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. 
‘‘(3) 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 substantial 
part, owned, supported, controlled, or managed 
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-
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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. 
‘‘(4) The term ‘religious educational institution’ 
includes any preschool, primary, secondary or post- 
secondary educational institution that is— 
‘‘(A) in whole or in substantial part, 
owned, supported, controlled, or managed by a 
particular religion or by a particular church, de-
nomination, 
convention, 
or 
association 
of 
churches or other houses of worship; or 
‘‘(B) a nonprofit corporation organized for 
educational purposes that holds itself out to the 
public as substantially religious, has as its stat-
ed purpose in its organic documents that it is 
religious, and is substantially religious in its 
current operations. 
‘‘(5) The term ‘sexual orientation’ means homo-
sexuality, heterosexuality, or bisexuality.’’. 
SEC. 4. EMPLOYMENT DISCRIMINATION PROHIBITED. 
(a) DEFINITIONS.—Section 701 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e) is amended— 
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(1) in subsection (j) by inserting ‘‘(1)’’ after 
‘‘(j)’’; 
(2) in subsection (j)(1) by inserting ‘‘, after ini-
tiating and engaging in an affirmative and bona fide 
effort,’’ after ‘‘unable’’; 
(3) in subsection (j)(1) by striking ‘‘an employ-
ee’s’’ and all that follows through ‘‘religious’’ and in-
serting ‘‘an employee’s religious’’; 
(4) by adding at the end of subsection (j)(1) 
the following: 
‘‘(2)(A) In this subsection, the term ‘employee’ 
includes an employee (as defined in subsection (f)), 
or a prospective employee, who, with or without rea-
sonable accommodation, is qualified to perform the 
essential functions of the employment position that 
such individual holds or desires. 
‘‘(B) In this paragraph, the term ‘perform the 
essential functions’ includes carrying out the core re-
quirements of an employment position and does not 
include carrying out practices relating to clothing, 
practices relating to taking time off, or other prac-
tices that may have a temporary or tangential im-
pact on the ability to perform job functions, if any 
of the practices described in this subparagraph re-
strict the ability to wear religious clothing, to take 
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time off for a holy day, or to participate in a reli-
gious observance or practice. 
‘‘(3) In this subsection, the term ‘undue hard-
ship’ means an accommodation requiring significant 
difficulty or expense. 
‘‘(A) For purposes of determining whether 
an accommodation requires significant difficulty 
or expense, factors to be considered in making 
the determination shall include— 
‘‘(i) the identifiable cost of the accom-
modation, including the costs of loss of 
productivity and of retraining or hiring 
employees or transferring employees from 
one facility to another; 
‘‘(ii) the overall financial resources 
and size of the employer involved, relative 
to the number of its employees; 
‘‘(iii) for an employer with multiple 
facilities, the geographic separateness or 
administrative or fiscal relationship of the 
facilities; and 
‘‘(iv) whether the accommodation will 
obstruct the employer from providing its 
customers or clients the full and equal en-
joyment of the goods, services, facilities, 
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privileges, advantages, and accommoda-
tions offered. 
‘‘(B) An employer shall not be required to 
provide an accommodation that will result in 
the violation of Federal or State law nor result 
in liability for a hostile work environment.’’; 
and 
(5) by inserting after subsection (n) the fol-
lowing: 
‘‘(o)(1) The term ‘gender identity’ means the gender- 
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 uniform assertion of the gender identity, 
or other evidence that the gender identity is sincerely held, 
part of a person’s core identity, and not being asserted 
for an improper purpose. 
‘‘(2) The term ‘sexual orientation’ means homosex-
uality, heterosexuality, or bisexuality. 
‘‘(3) The terms ‘religion’ and ‘religious’ include all 
aspects of religious belief, observance, and practice, wheth-
er or not compelled by, or central to, a system of religion. 
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‘‘(4) The term ‘religious corporation, association, 
educational institution, or society’ includes— 
‘‘(A) a church, synagogue, mosque, temple, or 
other house of worship; 
‘‘(B) a nonprofit corporation, association, edu-
cational institution, society, or other nonprofit entity 
that is, in whole or substantial part, owned, sup-
ported, controlled, or managed by a particular reli-
gion or by a particular church, denomination, con-
vention, or association of churches or other houses 
of worship; or 
‘‘(C) a nonprofit corporation, association, edu-
cational institution, society, or other nonprofit entity 
that holds itself out to the public as substantially re-
ligious, has as its stated purpose in its organic docu-
ments that it is religious, and is substantially reli-
gious in its current operations.’’. 
(b) EXEMPTION.—Section 702(a) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–1(a)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 
(2) by striking ‘‘State, or’’ and inserting the 
following: 
‘‘State. 
‘‘(2)(A) This title shall not apply’’; and 
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(3) by adding at the end of paragraph (2) the 
following: 
‘‘(B) EXEMPT ORGANIZATIONS.—With respect 
to claims of employment discrimination because of 
sexual orientation or gender identity, nothing in this 
subchapter shall apply to the following: 
‘‘(i) a church or its integrated auxiliaries, 
a convention or association of churches, or a re-
ligious 
order, 
as 
described 
in 
section 
6033(a)(3)(A)(i) and section 6033(a)(3)(A)(iii) 
of the Internal Revenue Code of 1986; 
‘‘(ii) a religious organization described in 
sections 501(c)(3) and 509(a)(1), (2), or (3) 
that is covered by an Internal Revenue Service 
group exemption letter issued to a church or a 
convention or association of churches; 
‘‘(iii) a religious educational institution 
that is eligible for exemption under section 
703(e)(2) of this subchapter; 
‘‘(iv) a religious corporation, association, 
or society under section 702(a) of this sub-
chapter that is eligible for tax-exempt status 
under section 501(c)(3) of the Internal Revenue 
Code of 1986 and that employs only individuals 
of the employer’s religion, unless the employee 
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demonstrates that the employer has not applied 
with reasonable consistency its religious stand-
ard cited as the reason for the adverse employ-
ment action; or 
‘‘(v) any association exclusively composed 
of employers exempt under subparagraphs 
(2)(B)(i)–(iv). 
‘‘(C) A claim under this subchapter 
against an employer described by section 
702(a)(2)(B) for discrimination because of sex 
shall not include claims of discrimination be-
cause of sexual orientation or gender identity. 
This provision shall not otherwise affect claims 
of sex discrimination, and nothing in this provi-
sion shall prevent a person, regardless of sexual 
orientation or gender identity, from bringing a 
claim of sex discrimination. 
‘‘(D) No religious corporation, association, 
or society otherwise eligible under section 
(2)(B)(iv) of this section shall be ineligible be-
cause of nonrecognition under section 501(c)(3) 
of the Internal Revenue Code, unless such tax 
treatment 
is 
consistent 
with 
section 
501(c)(3)(B) of that Code. 
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‘‘(E) No employer whose primary purpose 
and activity is to deliver medical services shall 
be eligible for the exemptions under section 
702(a)(2)(B). 
‘‘(F) Nothing in this section shall prejudice 
rights and defenses available under sections 
702(a) and 703(e)(2).’’. 
(c) UNLAWFUL EMPLOYMENT PRACTICES.—Section 
703 of such Act (42 U.S.C. 2000e–2) is amended— 
(1) except in subsection (e), by inserting ‘‘sex-
ual orientation, gender identity,’’ immediately before 
‘‘or national origin’’ each place it appears; 
(2) in subsection (e)(1), by striking ‘‘enter-
prise,’’ and inserting ‘‘enterprise, if an individual is 
recognized as qualified in accordance with gender 
identity when sex is a bona fide occupational quali-
fication,’’; 
(3) in the heading of subsection (m), by strik-
ing ‘‘SEX,’’ and inserting ‘‘SEX, SEXUAL ORIENTA-
TION, GENDER IDENTITY,’’; and 
(4) by adding at the end the following: 
‘‘(o)(1) In this section: 
‘‘(A) The term ‘employee’ has the meaning 
given the term in section 701(j)(2). 
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‘‘(B) The term ‘leave of general usage’ means 
leave provided under the policy or program of an 
employer, under which— 
‘‘(i) an employee may take leave by adjust-
ing or altering the work schedule or assignment 
of the employee according to criteria deter-
mined by the employer; and 
‘‘(ii) the employee may determine the pur-
pose for which the leave is to be utilized. 
‘‘(2) For purposes of determining whether an em-
ployer has committed an unlawful employment practice 
under this title by failing to provide a reasonable accom-
modation to the religious observance or practice of an em-
ployee, for an accommodation to be considered to be rea-
sonable, the accommodation shall remove the conflict be-
tween employment requirements and the religious observ-
ance or practice of the employee. 
‘‘(3) An employer shall be considered to commit such 
a practice by failing to provide such a reasonable accom-
modation for an employee if the employer refuses to per-
mit the employee to utilize leave of general usage to re-
move such a conflict solely because the leave will be used 
to accommodate the religious observance or practice of the 
employee.’’. 
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(d) OTHER UNLAWFUL EMPLOYMENT PRACTICES.— 
Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–3) is amended— 
(1) in subsection (b) by inserting ‘‘sexual ori-
entation, gender identity,’’ before ‘‘national origin’’ 
each place it appears; 
(2) in subsection (b) by striking ‘‘employment.’’ 
and inserting ‘‘employment, if an individual is recog-
nized as qualified in accordance with gender identity 
when sex is a bona fide occupational qualification.’’; 
and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PROHIBITED SANCTIONS
FOR CERTAIN EM-
PLOYEE SPEECH.— 
‘‘(1) An employee may express the employee’s 
religious, political, or moral beliefs in the workplace 
in a reasonable, nondisruptive, and nonharassing 
way on equal terms with similar types of expression 
of beliefs allowed by the employer in the workplace, 
unless the expression is in direct and substantial 
conflict with the essential business-related interests 
of the employer. 
‘‘(2) An employer may not discharge, demote, 
terminate, or refuse to hire any person, or retaliate 
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against, harass, or discriminate in matters of com-
pensation or in terms, privileges, and conditions of 
employment against any person otherwise qualified 
for employment, for lawful expression or expressive 
activity outside of the workplace regarding the per-
son’s beliefs that— 
‘‘(A) marriage is or should be recognized 
as a union of one man and one woman, or one 
woman and one woman, or one man and one 
man; or 
‘‘(B) sexual activity should or should not 
be reserved for spouses within a marriage. 
The employee’s expression is not protected under 
subsection (c)(2) if it directly and materially im-
pedes the employee’s performance of an essential job 
function. 
‘‘(3) Paragraphs (1) and (2) shall not apply to 
a nonprofit organization that operates to express or 
advocate particular viewpoints, or to an employer 
that is a religious corporation, association, edu-
cational institution, or society covered by section 
701(o)(4).’’. 
(e) CLAIMS.—Section 706(g)(2)(A) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–5(g)(2)(A)) is 
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amended by striking ‘‘sex,’’ and inserting ‘‘sex, sexual ori-
entation, gender identity,’’. 
(f) EMPLOYMENT BY FEDERAL GOVERNMENT.—Sec-
tion 717 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–16) is amended— 
(1) in subsection (a), by striking ‘‘sex,’’ and in-
serting ‘‘sex, sexual orientation, gender identity,’’; 
and 
(2) in subsection (c), by striking ‘‘sex’’ and in-
serting ‘‘sex, sexual orientation, gender identity,’’. 
(g) GOVERNMENT
EMPLOYEE
RIGHTS
ACT
OF 
1991.—The Government Employee Rights Act of 1991 
(title III of Public Law 102–166; 42 U.S.C. 2000e–16 et 
seq.) is amended— 
(1) in section 301(b), by striking ‘‘sex,’’ and in-
serting ‘‘sex, sexual orientation, gender identity,’’; 
and 
(2) in section 302(a)(1), by striking ‘‘sex,’’ and 
inserting ‘‘sex, sexual orientation, gender identity,’’. 
(h) ADDITIONAL FACILITIES NOT REQUIRED.—The 
Civil Rights Act of 1964 (42 U.S.C. 2000e–18) is amend-
ed by adding at the end the following: 
‘‘SEC. 719. ‘Nothing in this subchapter shall be con-
strued to require the construction of new or additional fa-
cilities.’ ’’. 
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(i) PRIVACY IN SEX-DESIGNATED FACILITIES.—The 
Civil Rights Act of 1964 (42 U.S.C. 2000e–19), as amend-
ed by subsection (h), is amended by adding at the end 
the following: 
‘‘SEC. 720. If equivalent facilities and benefits are 
made available and without regard to a prohibited classi-
fication under this subchapter, an employer shall reason-
ably accommodate an employee who requests greater pri-
vacy within a facility intended for the exclusive use of per-
sons of the same sex.’’. 
(j) INTERVENTION.—Section 902 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000h–2) is amended by inserting 
‘‘sexual orientation, gender identity,’’ before ‘‘or national 
origin,’’. 
(k) CONGRESSIONAL
ACCOUNTABILITY
ACT
OF 
1995.—Section 201(a)(1) of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1311(a)(1)) is amended by 
inserting ‘‘sexual orientation, gender identity,’’ before ‘‘or 
national origin,’’. 
(l) TITLE 5, UNITED STATES CODE.—Chapter 23 of 
title 5, United States Code, is amended— 
(1) in section 2301(b)(2), by striking ‘‘sex,’’ 
and inserting ‘‘sex, sexual orientation, gender iden-
tity,’’; and 
(2) in section 2302— 
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(A) in subsection (b)(1)(A), by inserting 
‘‘sexual orientation, gender identity,’’ before ‘‘or 
national origin,’’; and 
(B) in subsection (d)(1), by inserting ‘‘sex-
ual orientation, gender identity,’’ before ‘‘or na-
tional origin;’’. 
SEC. 5. HOUSING DISCRIMINATION PROHIBITED. 
(a) IN GENERAL.— 
(1) Section 804 of the Fair Housing Act (42 
U.S.C. 3604) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
(2) Section 805 of the Fair Housing Act (42 
U.S.C. 3605) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
(3) Section 806 of the Fair Housing Act (42 
U.S.C. 3606) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
(4) Section 807 of the Fair Housing Act (42 
U.S.C. 3607) is amended by inserting ‘‘or to persons 
who adhere to its religious beliefs, observances, te-
nets, or practices’’ immediately after the phrase ‘‘of 
the same religion’’ and ‘‘or adherence to such be-
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liefs, observances, tenets, or practices’’ immediately 
before ‘‘is restricted.’’ 
(5) Section 808 of the Fair Housing Act (42 
U.S.C. 3608) is amended by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex’’ each place 
that term appears. 
(b) PREVENTION OF INTIMIDATION.—Section 901 of 
the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended 
by inserting ‘‘sexual orientation, gender identity,’’ after 
‘‘sex,’’ each place that term appears. 
(c) DEFINITIONS.—Section 802 of the Fair Housing 
Act (42 U.S.C. 3602) is amended by adding at the end 
the following: 
‘‘(p) ‘Sexual orientation’ means homosexuality, het-
erosexuality, or bisexuality. 
‘‘(q) ‘Gender identity’ means the gender-related iden-
tity, appearance, mannerisms, or other gender-related 
characteristics of an individual, without regard to the indi-
vidual’s designated sex at birth. A person’s gender identity 
can be shown by providing evidence, including medical his-
tory, care or treatment of the gender identity, consistent 
and uniform assertion of the gender identity, or other evi-
dence that the gender identity is sincerely held, part of 
a person’s core identity, and not being asserted for an im-
proper purpose. 
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‘‘(r) ‘Operates’ includes the rental or occupancy of 
dwellings through a lease or contract with the dwelling’s 
actual owner or primary operator. 
‘‘(s) ‘Religion’ has the same meaning as section 701 
of the Civil Rights Act of 1964 (42 U.S.C. 2000e). 
‘‘(t) ‘Religious organization, association, or society’ 
has the same meaning as section 701 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e).’’. 
SEC. 6. OTHER NONDISCRIMINATION REQUIREMENTS. 
(a) MARRIAGE RECOGNITION.— 
(1) Section 7 of title 1, United States Code, is 
amended to read as follows: 
‘‘§ 7. Marriage 
‘‘(a) For the purposes of any Federal law in which 
marital status is a factor, an individual shall be considered 
married if that individual’s marriage is valid in the State 
where the marriage was entered into or, in the case of 
a marriage entered into outside any State, if the marriage 
is valid in the place where entered into and the marriage 
could have been entered into in a State. 
‘‘(b) In this section, the term ‘State’ means a State, 
the District of Columbia, the Commonwealth of Puerto 
Rico, or any other territory or possession of the United 
States.’’. 
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(2) Section 1738C of title 28, United States 
Code, is repealed, and the table of sections at the be-
ginning of chapter 115 of title 28, United States 
Code, is amended by striking the item relating to 
that section. 
(b) DESEGREGATION OF PUBLIC FACILITIES.—Sec-
tion 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 
2000b(a)) is amended by inserting ‘‘sex, sexual orienta-
tion, gender identity,’’ before ‘‘or national origin’’. 
(c) DISCRIMINATION
IN FEDERAL JURY SERVICE 
PROHIBITED.—Chapter 121 of title 28, United States 
Code, is amended— 
(1) in section 1862, by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex,’’ each place 
that term appears; 
(2) in section 1867, by inserting ‘‘sexual ori-
entation, gender identity,’’ after ‘‘sex,’’ each place 
that term appears; and 
(3) in section 1869 by adding at the end the 
following: 
‘‘(l) The term ‘sexual orientation’ means homosex-
uality, heterosexuality, or bisexuality. 
‘‘(m) The term ‘gender identity’ means the gender- 
related identity, appearance, mannerisms, or other gender- 
related characteristics of an individual, without regard to 
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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 uniform assertion of the gender identity, 
or other evidence that the gender identity is sincerely held, 
part of a person’s core identity, and not being asserted 
for an improper purpose.’’. 
(d) DISCRIMINATION IN CREDIT PROHIBITED.—The 
Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) 
is amended— 
(1) in section 701(a)(1) by striking ‘‘or’’ after 
‘‘sex’’ and inserting ‘‘, sexual orientation, gender 
identity,’’ after ‘‘sex’’; 
(2) in section 702— 
(A) by redesignating subsections (f) and 
(g) as subsections (g) and (i), respectively; 
(B) by inserting after subsection (e) the 
following: 
‘‘(f) The term ‘gender identity’ means the gender-re-
lated 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 uniform assertion of the gender identity, 
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or other evidence that the gender identity is sincerely held, 
part of a person’s core identity, and not being asserted 
for an improper purpose.’’; and 
(C) by inserting after subsection (g), as so 
redesignated, the following: 
‘‘(h) The term ‘sexual orientation’ means homosex-
uality, heterosexuality, or bisexuality.’’; and 
(3) in section 705, by inserting ‘‘, sexual ori-
entation, gender identity,’’ after ‘‘sex’’. 
(e) DISCRIMINATION IN REFUGEE RESETTLEMENT 
PROHIBITED.—Section 412(a)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1522(a)(5)) is amended by in-
serting ‘‘sexual orientation, gender identity,’’ after ‘‘sex,’’. 
(f) SAFE SCHOOLS.—Title IV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7101 et 
seq.) is amended by adding at the end the following: 
‘‘PART G—SAFE SCHOOLS IMPROVEMENT 
‘‘SEC. 4701. PURPOSE. 
‘‘The purpose of this part is to address the problem 
of bullying and harassment conduct of students in public 
elementary schools and secondary schools. 
‘‘SEC. 4702. ANTI-BULLYING POLICIES. 
‘‘(a) BULLYING.—In this part, the term ‘bullying’ in-
cludes cyber-bullying through electronic communications 
that take place away from school or a school-sponsored 
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or school-related event, but only if the cyber-bullying in-
fringes on the rights of the student at school as set forth 
in subparagraph (A) or (B) of subsection (b)(1). 
‘‘(b) POLICIES.—A State that receives a grant under 
this title shall require all local educational agencies in the 
State with authority to administer public elementary and 
secondary schools to carry out the following: 
‘‘(1) Establish policies that prevent and prohibit 
conduct, including bullying and harassment— 
‘‘(A) that is sufficiently severe, persistent, 
or pervasive that a reasonable person would ex-
pect such bullying or harassment to limit a stu-
dent’s ability to participate in, or benefit from, 
a program or activity of a public school or local 
educational agency; or 
‘‘(B) that is sufficiently severe, persistent, 
or pervasive that a reasonable person would ex-
pect such bullying or harassment to create a 
hostile or abusive educational environment, ad-
versely affecting a student’s education, at a 
program or activity of a public school or local 
educational agency, including acts of verbal, 
nonverbal, or physical aggression or intimida-
tion. 
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‘‘(2) The policies required under paragraph (1) 
shall include a prohibition of bullying or harassment 
conduct based on— 
‘‘(A) a student’s actual or perceived race, 
color, national origin, religion, disability, sex, 
sexual orientation, or gender identity; 
‘‘(B) the actual or perceived race, color, 
national origin, religion, disability, sex, sexual 
orientation, or gender identity of a person with 
whom a student associates or has associated; or 
‘‘(C) any other distinguishing characteris-
tics that may be defined by the State or local 
educational agency, including being homeless or 
the child or ward of a member of the Armed 
Forces. 
‘‘(3) Provide— 
‘‘(A) annual notice to students, parents, 
and educational professionals describing the full 
range of the local educational agency’s policies 
required under paragraph (1) and shall include 
an affirmative statement of the protections for 
free speech, assembly, and expression under the 
First Amendment and any other applicable law; 
and 
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‘‘(B) grievance procedures for students or 
parents to register complaints regarding the 
prohibited conduct contained in such local edu-
cational agency’s discipline policies, including— 
‘‘(i) the name of the local educational 
agency officials who are designated as re-
sponsible for receiving such complaints; 
and 
‘‘(ii) timelines that the local edu-
cational agency will establish in the resolu-
tion of such complaints. 
‘‘(4) Collect annual incidence and frequency of 
incidents data about the conduct prohibited by the 
policies described in paragraph (1) at the school 
building level that are accurate and complete and 
publicly report such data at the school level and 
local educational agency level. The local educational 
agency shall ensure that victims or persons respon-
sible for such conduct are not identifiable. 
‘‘(5) Encourage positive and preventative ap-
proaches to school discipline that minimize students’ 
removal from instruction and ensure that students, 
including students described in paragraph (2), are 
not subject to disproportionate punishment. 
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‘‘SEC. 4703. STATE REPORTS. 
‘‘The chief executive officer of a State that receives 
a grant under this title, in cooperation with the State edu-
cational agency, shall submit a biennial report to the Sec-
retary— 
‘‘(1) on the information reported by local edu-
cational agencies in the State pursuant to section 
4702(b)(4); and 
‘‘(2) describing the State’s plans for supporting 
local educational agency efforts to address the con-
duct prohibited by the policies described in section 
4702(b)(1). 
‘‘SEC. 4704. EVALUATION. 
‘‘(a) BIENNIAL EVALUATION.—The Secretary shall 
conduct an independent biennial evaluation of programs 
and policies to combat bullying and harassment in elemen-
tary schools and secondary schools, including implementa-
tion of the requirements described in section 4702, includ-
ing whether such requirements have appreciably reduced 
the level of the prohibited conduct and have conducted ef-
fective parent involvement and programs that train cov-
ered school employees how to identify and stop bullying 
and harassment, as those terms are defined in section 
4702. 
‘‘(b) DATA COLLECTION.—The Commissioner for 
Education Statistics shall collect data from States, that 
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are subject to independent review, to determine the inci-
dence and frequency of conduct prohibited by the policies 
described in section 4702. 
‘‘(c) BIENNIAL REPORT.—Not later than January 1 
of the first calendar year that begins after the effective 
date of this section and every 2 years thereafter, the Sec-
retary shall submit to the President and Congress a report 
on the findings of the evaluation conducted under sub-
section (a) together with the data collected under sub-
section (b) and data submitted by the States under section 
4703. 
‘‘SEC. 4705. EFFECT ON OTHER LAWS. 
‘‘(a) FEDERAL
AND STATE NONDISCRIMINATION 
LAWS.—Nothing in this part shall be construed to invali-
date or limit rights, remedies, procedures, or legal stand-
ards available to victims of discrimination under any other 
Federal law or law of a State or political subdivision of 
a State, including title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 
504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794, 794a), or the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). The obligations imposed by this 
part are in addition to those imposed by title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title 
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IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), section 504 of the Rehabilitation Act of 
1973 (29 U.S.C. 794), and the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘(b) FREE SPEECH AND EXPRESSION.—Nothing in 
this part shall be construed to deny any student a right 
of free speech, assembly, or expression protected under the 
Constitution or any other Federal law, or to permit unlaw-
ful viewpoint discrimination. No policy established under 
this part may prevent or punish a student’s expression of 
religious, political, or philosophical beliefs in the classroom 
or at school activities when such expression takes place 
on equal terms with similar expressions of belief allowed 
by the school in the same setting. 
‘‘SEC. 4706. RULE OF CONSTRUCTION. 
‘‘Nothing in this part shall be construed to prohibit 
a State or local entity from enacting any law with respect 
to the prevention of bullying or harassment of students 
that is not inconsistent with this part.’’. 
SEC. 7. PROHIBITION ON RETALIATION AND UNEQUAL 
TREATMENT. 
Title XI of the Civil Rights Act of 1964 (42 U.S.C. 
2000h et seq.) is amended by adding at the end the fol-
lowing: 
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‘‘SEC. 1107. NONRETALIATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) No government shall take any adverse ac-
tion because of— 
‘‘(A) the existence or invocation of any ex-
emption, defense, or remedy under this Act; or 
‘‘(B) the existence or invocation of any 
protection from discrimination under this Act. 
‘‘(2) Nothing in this subsection shall be con-
strued to invalidate or supersede a law without evi-
dence that it was enacted, enforced, or administered 
for reasons prohibited by paragraph (1). 
‘‘(b) PROHIBITION ON CERTAIN GOVERNMENT AC-
TIONS.— 
‘‘(1) PERSONS PROTECTED FROM DISCRIMINA-
TION.—No government shall take any adverse action 
that, as applied, conflicts with any protection from 
discrimination under this Act. 
‘‘(2) CERTAIN RELIGIOUS PROPERTIES AND RE-
LIGIOUS EMPLOYERS.— 
‘‘(A) No government shall take any ad-
verse action that, as applied, is inconsistent 
with the exemptions under section 201(b)(11). 
‘‘(B) No government shall take any ad-
verse action that, as applied, abridges the ex-
emptions provided under section 702(a)(2)(B). 
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