I 
117TH CONGRESS 
1ST SESSION H. R. 1440 
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 
FEBRUARY 26, 2021 
Mr. STEWART (for himself, Mr. KINZINGER, Mr. GARBARINO, Mr. MOORE of 
Utah, Mr. FITZPATRICK, Mr. OWENS, Mr. GIMENEZ, Mr. JACOBS of New 
York, Ms. TENNEY, Ms. STEFANIK, Mr. UPTON, Mr. VAN DREW, Miss 
GONZA´LEZ-COLO´N, Mr. CURTIS, Ms. SALAZAR, Mr. DIAZ-BALART, Mr. 
AMODEI, Mr. SIMPSON, Ms. MALLIOTAKIS, Mr. STIVERS, and Mr. REED) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Education and Labor, 
Oversight and Reform, House Administration, Financial Services, and 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To 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’’. 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
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, 
except religious camps or religious retreat centers unless 
such camps or retreat centers discriminate because of 
race, color, or national origin; 
‘‘(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))— 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) any provider of medical services. It shall 
not constitute a violation of this title to provide a 
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; 
VerDate Sep 11 2014 
23:49 Apr 07, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS