Federal - HR 5

Equality Act (OPPOSED)

Introduced

March 13, 2019

Description

For purposes of determining discrimination, the Equality Act would change the federal definition of "sex" from its objective biological meaning (i.e., male/female) to encompass factors such as gender identity and sexual orientation

Our Position

Oppose

Commentary

This bill would require those who do not share another person's perceptions and preferences regarding sexuality to nevertheless submit to those perceptions and preferences, under penalty of law. The Equality Act would force health professionals to participate in certain procedures, practices and prescriptions even if objected to on medical or ethical grounds. The bill would outlaw sex-segregated facilities (e.g., showers, locker rooms, shelters) designed to protect privacy. It also would deny the protections of the Religious Freedom Restoration Act.

Original Sponsor 1

Co-Sponsors 240

Latest Actions See More/Less

  • May 28, 2019J. Wilson, R-S.C., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E681

  • May 28, 2019J. Wilson, R-S.C., House speech: Personal explanation for roll call vote no.216, and would have voted yea if present. Congressional Record p. E681

  • May 22, 2019Turner, R-Ohio, House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E655

  • May 21, 2019Burchett, R-Tenn., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E645

  • May 20, 2019K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E629

  • May 20, 2019Pence, R-Ind., House speech: Personal explanation for roll call vote no.216, and would have voted yea if present. Congressional Record p. E631

  • May 20, 2019LaHood, R-Ill., House speech: Personal explanation for roll call vote no.216, and would have voted yea if present. Congressional Record p. E633

  • May 20, 2019LaHood, R-Ill., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E633

  • May 20, 2019Duffy, R-Wis., House speech: Personal explanation for roll call vote no.216, and would have voted nay if present. Congressional Record p. E633

  • May 20, 2019Duffy, R-Wis., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E633

  • May 20, 2019Clyburn, D-S.C., House speech: Personal explanation for roll call vote no.217, and would have voted yea if present. Congressional Record p. E634

  • May 20, 2019Clyburn, D-S.C., House speech: Personal explanation for roll call vote no.216, and would have voted nay if present. Congressional Record p. E634

  • May 20, 2019Smucker, R-Pa., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. E633

  • May 20, 2019Smucker, R-Pa., House speech: Personal explanation for roll call vote no.216, and would have voted yea if present. Congressional Record p. E633

  • May 20, 2019Swalwell, D-Calif., House speech: Personal explanation for roll call vote no.217, and would have voted yea if present. Congressional Record p. E629

  • May 20, 2019Swalwell, D-Calif., House speech: Personal explanation for roll call vote no.216, and would have voted nay if present. Congressional Record p. E629

  • May 20, 2019Swalwell, D-Calif., House speech: Personal explanation for roll call vote no.206, and would have voted yea if present. Congressional Record p. E629

  • May 20, 2019Swalwell, D-Calif., House speech: Personal explanation for roll call vote no.205, and would have voted yea if present. Congressional Record p. E629

  • May 20, 2019C. Higgins, R-La., House speech: Personal explanation for roll call vote no.206, and would have voted nay if present. Congressional Record p. E627

  • May 20, 2019C. Higgins, R-La., House speech: Personal explanation for roll call vote no.205, and would have voted nay if present. Congressional Record p. E627

  • May 20, 2019 — Received in the Senate and referred to the Senate Judiciary Committee. Congressional Record p. S2962

  • May 17, 2019B. Johnson, R-Ohio, House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. H3953

  • May 17, 2019Bucshon, R-Ind., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. H3953

  • May 17, 2019Westerman, R-Ark., House speech: Personal explanation for roll call vote no.217, and would have voted nay if present. Congressional Record p. H3953

  • May 17, 2019Rose, D-N.Y., House speech: Personal explanation for roll call vote no.217, and would have voted yea if present. Congressional Record p. H3953

  • May 17, 2019B. Johnson, R-Ohio, House speech: Personal explanation for roll call vote no.216, and would have voted yea if present. Congressional Record p. H3953

  • May 17, 2019Rose, D-N.Y., House speech: Personal explanation for roll call vote no.216, and would have voted nay if present. Congressional Record p. H3953

  • May 17, 2019Bucshon, R-Ind., House speech: Personal explanation for roll call vote no.216, and would have voted yea if present. Congressional Record p. H3953

  • May 17, 2019House Vote 217 LGBTQ Anti-Discrimination Protections — Passage
    Passage of the bill that would prohibit discrimination or segregation based on sex, sexual orientation, and gender identity under 1964 Civil Rights Act protections, including in public facilities, public education, federal assistance programs, employment, jury service, and areas of public accomodation. It would expand the definition of "public accomodations" to include transportation services and any establishment providing a good, service, or program, including retailers, health care facilities, and legal services. The bill would define "gender identity" as "gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual," regardless of designated sex at birth. The bill would also allow the Justice Department to intervene in equal protection cases regarding sexual orientation and gender identity. Passed 236-173. Congressional Record p. H3952-H3953

  • May 17, 2019House Vote 216 LGBTQ Anti-Discrimination Protections — Recommit
    Steube, R-Fla., motion to recommit the bill to the House Judiciary Committee with instructions to report it back immediately with an amendment that would clarify that nothing contained in the bill may be construed to diminish any protections under title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex under any federally-funded education programs, stating that no person can be excluded from participation in or denied the benefits of such programs on the basis of sex. Motion rejected 181-228. Congressional Record p. H3950-H3952

  • May 17, 2019 — Considered by the House. Congressional Record p. H3931-H3953

  • May 16, 2019Pence, R-Ind., House speech: Personal explanation for roll call vote no.206, and would have voted nay if present. Congressional Record p. E616

  • May 16, 2019Pence, R-Ind., House speech: Personal explanation for roll call vote no.205, and would have voted nay if present. Congressional Record p. E616

  • May 16, 2019S. Brooks, R-Ind., House speech: Personal explanation for roll call vote no.206, and would have voted nay if present. Congressional Record p. E611

  • May 16, 2019S. Brooks, R-Ind., House speech: Personal explanation for roll call vote no.205, and would have voted nay if present. Congressional Record p. E611

  • May 15, 2019House Vote 206 LGBTQ Discrimination, Tribal Lands, Health Care Package — Rule
    Adoption of the rule (H Res 377) that would provide for floor consideration of the bill (HR 5) that would prohibit discrimination of the basis of sex, gender identity, and sexual orientation; the bill (HR 312) that would reaffirm the Mashpee Wampanoag Tribe reservation; and the bill (HR 987) consisting of a package of measures related to prescription drug costs and health insurance marketplaces. Adopted 229-188. Congressional Record p. H3812-H3813

  • May 15, 2019House Vote 205 LGBTQ Discrimination, Tribal Lands, Health Care Package — Previous Question
    Scanlon, D-Pa., motion to order the previous question (thus ending the debate and possibility of amendment) on the rule (H Res 377) that would provide for floor consideration of the bill (HR 5) that would prohibit discrimination of the basis of sex, gender identity, and sexual orientation; the bill (HR 312) that would reaffirm the Mashpee Wampanoag Tribe reservation; and the bill (HR 987) consisting of a package of measures related to prescription drug costs and health insurance marketplaces. Motion agreed to 228-189. Congressional Record p. H3812

  • May 14, 2019 — Rules Committee resolution, H Res 377, reported to the House as a rule for HR 5.

  • May 14, 2019 — House Rules Committee granted a closed rule providing for consideration of the bill. Congressional Record p. H3781

  • May 14, 2019 — Full committee proceeding held by the House Rules Committee.

  • May 10, 2019 — House Education and Labor Committee, House Financial Services Committee, House Oversight and Reform Committee, and House Administration Committee discharged pursuant to clause 2 of Rule XIII. Congressional Record p. H3726

  • May 10, 2019 — Reported to the House amended by the House Judiciary Committee and placed on the Union Calendar. H Rept 116-56, Pt. 1Congressional Record p. H3726

  • May 1, 2019 — Full committee consideration and markup held by the House Judiciary Committee.

    May 1, 2019 — Committee Vote: LGBT Discrimination Protections — Religious Exemption
      Gohmert, R-Texas —

    Amendment to the Nadler, D-N.Y., substitute amendment that would strike language stating that existing law on religious freedom would not provide a defense for those discriminating on the basis of gender identity or sexual orientation in areas outlined in the measure.

    Amendment to the Nadler, D-N.Y., substitute amendment that would strike language stating that existing law on religious freedom would not provide a defense for those discriminating on the basis of gender identity or sexual orientation in areas outlined in the measure.

    Rejected 8-18.

    May 1, 2019 — Committee Vote: LGBT Discrimination Protections — Health Care Providers
      McClintock, R-Calif. —

    Amendment to the Nadler, D-N.Y., substitute amendment that would specify that nothing in the measure could be construed as requiring a health care provider to affirm the self-professed gender identity of a minor. It would define the term "minor" as an individual who has not attained the age of 18 and who is not emancipated under the law of the state the minor resides.

    It also would define the term "health care provider" as any person or entity required by state or federal laws or regulations to be licensed, registered or certified to provide health care services and any other person or entity treated as a health care provider, health care professional or health care institution under state law.

    Amendment to the Nadler, D-N.Y., substitute amendment that would specify that nothing in the measure could be construed as requiring a health care provider to affirm the self-professed gender identity of a minor. It would define the term "minor" as an individual who has not attained the age of 18 and who is not emancipated under the law of the state the minor resides.

    It also would define the term "health care provider" as any person or entity required by state or federal laws or regulations to be licensed, registered or certified to provide health care services and any other person or entity treated as a health care provider, health care professional or health care institution under state law.

    Rejected 7-19.

    May 1, 2019 — Committee Vote: LGBT Discrimination Protections — Parental Rights
      M. Johnson, R-La. —

    Amendment to the Nadler, D-N.Y., substitute amendment that would specify that nothing in the measure could be construed to deny a parent's right to be involved in their minor child's medical care.

    It would define "minor" as an individual who has not attained the age of 18 years and who is not emancipated under the law of the state the minor resides. It also would define "parent" as a parent or guardian, a legal custodian or person standing in loco parentis who has care and control of the minor and with whom the minor regularly resides as determined by state law.

    Amendment to the Nadler, D-N.Y., substitute amendment that would specify that nothing in the measure could be construed to deny a parent's right to be involved in their minor child's medical care.

    It would define "minor" as an individual who has not attained the age of 18 years and who is not emancipated under the law of the state the minor resides. It also would define "parent" as a parent or guardian, a legal custodian or person standing in loco parentis who has care and control of the minor and with whom the minor regularly resides as determined by state law.

    Rejected by voice vote.

    May 1, 2019 — Committee Vote: LGBT Discrimination Protections — Women's Sports
      Steube, R-Fla. —

    Amendment to the Nadler, D-N.Y., substitute amendment that would specify that nothing in the measure could be construed to require a biological female to face competition from a biological male in any sporting event.

    Amendment to the Nadler, D-N.Y., substitute amendment that would specify that nothing in the measure could be construed to require a biological female to face competition from a biological male in any sporting event.

    Rejected 10-22.

    May 1, 2019 — Committee Vote: LGBT Discrimination Protections — Substitute Amendment
      Nadler, D-N.Y. —

    Substitute amendment that would amend the finding section to add "queer people" to those facing discrimination, change references to "LGBT" to "LGBTQ" and add the term "public" to "gathering or display" to clarify that areas of "public gathering or public display" are protected as public accommodations.

    Substitute amendment that would amend the finding section to add "queer people" to those facing discrimination, change references to "LGBT" to "LGBTQ" and add the term "public" to "gathering or display" to clarify that areas of "public gathering or public display" are protected as public accommodations.

    Adopted 22-10.

    May 1, 2019 — Committee Vote: LGBT Discrimination Protections — Vote to Report

    Prohibit discrimination on the basis of sexual orientation and gender identity in public accommodations. The measure would amend previous laws, including the Civil Rights Act of 1964 (PL 88-352) and the Fair Housing Act of 1968 (90-284), to state the discrimination cannot occur on the basis of "sex (including sexual orientation and gender identity)" in public accommodations, public facilities, public education or federal funding.

    The bill would prohibit discrimination based on sexual orientation or gender identity in employment and housing. It would prohibit discrimination based on sexual orientation or gender identity in any credit transaction, and prohibit discrimination on these factors in jury selection.

    It also would allow the Justice Department to intervene in equal protection actions in federal court on account of sexual orientation or gender identity, and specify that a 1993 law on religious freedom (PL 103-141) cannot be cited as a defense to any discrimination based on sexual orientation or gender identity in the areas specified.

    As amended it would clarify that areas of "public gathering or public display" are protected as public accommodations.

    Prohibit discrimination on the basis of sexual orientation and gender identity in public accommodations. The measure would amend previous laws, including the Civil Rights Act of 1964 (PL 88-352) and the Fair Housing Act of 1968 (90-284), to state the discrimination cannot occur on the basis of "sex (including sexual orientation and gender identity)" in public accommodations, public facilities, public education or federal funding.

    The bill would prohibit discrimination based on sexual orientation or gender identity in employment and housing. It would prohibit discrimination based on sexual orientation or gender identity in any credit transaction, and prohibit discrimination on these factors in jury selection.

    It also would allow the Justice Department to intervene in equal protection actions in federal court on account of sexual orientation or gender identity, and specify that a 1993 law on religious freedom (PL 103-141) cannot be cited as a defense to any discrimination based on sexual orientation or gender identity in the areas specified.

    As amended it would clarify that areas of "public gathering or public display" are protected as public accommodations.

    Ordered reported favorably to the full House (as amended) 22-10.
  • April 2, 2019 — Full committee hearing held by the House Judiciary Committee.

  • March 21, 2019 — Additional cosponsor(s): 1

    Gonzalez-Colon, J. (R-P.R.)
  • March 13, 2019 — Original cosponsor(s): 239

    Adams, (D-N.C.)Gonzalez, (D-Texas)Pallone (D-N.J.)
    Aguilar, (D-Calif.)Gottheimer, (D-N.J.)Panetta, (D-Calif.)
    Allred, (D-Texas)Green, A. (D-Texas)Pappas, (D-N.H.)
    Axne, (D-Iowa)Grijalva, (D-Ariz.)Pascrell (D-N.J.)
    Barragan, (D-Calif.)Haaland, (D-N.M.)Payne (D-N.J.)
    Bass, (D-Calif.)Harder, (D-Calif.)Pelosi, (D-Calif.)
    Beatty, (D-Ohio)Hastings, (D-Fla.)Perlmutter, (D-Colo.)
    Bera, (D-Calif.)Hayes, (D-Conn.)Peterson, (D-Minn.)
    Beyer (D-Va.)Heck, (D-Wash.)Peters, S. (D-Calif.)
    Bishop, S. (D-Ga.)Higgins, B. (D-N.Y.)Phillips, (D-Minn.)
    Blumenauer, (D-Ore.)Hill, (D-Calif.)Pingree, (D-Maine)
    Blunt Rochester, (D-Del.)Himes, (D-Conn.)Plaskett, (D-V.I.)
    Bonamici, (D-Ore.)Horn, (D-Okla.)Pocan, (D-Wis.)
    Boyle, (D-Pa.)Horsford, (D-Nev.)Porter, (D-Calif.)
    Brindisi, (D-N.Y.)Houlahan, (D-Pa.)Pressley, (D-Mass.)
    Brown, A. (D-Md.)Hoyer, (D-Md.)Price, (D-N.C.)
    Brownley, (D-Calif.)Huffman, (D-Calif.)Quigley, (D-Ill.)
    Bustos, (D-Ill.)Jackson Lee, (D-Texas)Raskin, (D-Md.)
    Butterfield, (D-N.C.)Jayapal, (D-Wash.)Rice, K. (D-N.Y.)
    Carbajal, (D-Calif.)Jeffries, (D-N.Y.)Richmond, (D-La.)
    Cardenas, (D-Calif.)Johnson, E.B. (D-Texas)Rose, (D-N.Y.)
    Carson, (D-Ind.)Johnson, H. (D-Ga.)Rouda, (D-Calif.)
    Cartwright, (D-Pa.)Kaptur, (D-Ohio)Roybal-Allard, (D-Calif.)
    Case, (D-Hawaii)Katko, (R-N.Y.)Ruiz, (D-Calif.)
    Casten, (D-Ill.)Keating, (D-Mass.)Ruppersberger, (D-Md.)
    Castor, (D-Fla.)Kelly, R. (D-Ill.)Rush, (D-Ill.)
    Castro, (D-Texas)Kennedy, Joseph P. (D-Mass.)Ryan, T. (D-Ohio)
    Chu, (D-Calif.)Khanna, (D-Calif.)Sablan, (I-N. Marianas)
    Cisneros, (D-Calif.)Kildee, (D-Mich.)San Nicolas, (D-Guam)
    Clarke, Y. (D-N.Y.)Kilmer, (D-Wash.)Sanchez, (D-Calif.)
    Clark, K. (D-Mass.)Kim, (D-N.J.)Sarbanes, (D-Md.)
    Clay, (D-Mo.)Kind, (D-Wis.)Scanlon, (D-Pa.)
    Cleaver (D-Mo.)Kirkpatrick, (D-Ariz.)Schakowsky, (D-Ill.)
    Clyburn, (D-S.C.)Krishnamoorthi, (D-Ill.)Schiff, (D-Calif.)
    Cohen, (D-Tenn.)Kuster, (D-N.H.)Schneider, (D-Ill.)
    Connolly, (D-Va.)Lamb, (D-Pa.)Schrader, (D-Ore.)
    Cooper, (D-Tenn.)Langevin, (D-R.I.)Schrier, (D-Wash.)
    Correa, (D-Calif.)Larsen, R. (D-Wash.)Scott, D. (D-Ga.)
    Costa, (D-Calif.)Larson, J. (D-Conn.)Scott, R. (D-Va.)
    Courtney, (D-Conn.)Lawrence, (D-Mich.)Serrano, (D-N.Y.)
    Cox, (D-Calif.)Lawson, (D-Fla.)Sewell, (D-Ala.)
    Craig, (D-Minn.)Lee, B. (D-Calif.)Shalala, (D-Fla.)
    Crist, (D-Fla.)Lee, (D-Nev.)Sherman, (D-Calif.)
    Crow, (D-Colo.)Levin, (D-Mich.)Sherrill, (D-N.J.)
    Cuellar, (D-Texas)Levin, (D-Calif.)Sires, (D-N.J.)
    Cummings, (D-Md.)Lewis, John (D-Ga.)Slotkin, (D-Mich.)
    Cunningham, (D-S.C.)Lieu, (D-Calif.)Smith, Adam (D-Wash.)
    Davids, (D-Kan.)Loebsack, (D-Iowa)Soto, (D-Fla.)
    Davis, D. (D-Ill.)Lofgren, (D-Calif.)Spanberger, (D-Va.)
    Davis, S. (D-Calif.)Lowenthal, (D-Calif.)Speier, (D-Calif.)
    Dean, (D-Pa.)Lowey, (D-N.Y.)Stanton, (D-Ariz.)
    DeFazio, (D-Ore.)Lujan, B.R. (D-N.M.)Stevens, (D-Mich.)
    DeGette, (D-Colo.)Luria, (D-Va.)Suozzi, (D-N.Y.)
    DeLauro, (D-Conn.)Lynch, (D-Mass.)Swalwell, (D-Calif.)
    DelBene, (D-Wash.)Malinowski, (D-N.J.)Takano, (D-Calif.)
    Delgado, (D-N.Y.)Maloney, C. (D-N.Y.)Thompson, B. (D-Miss.)
    Demings, (D-Fla.)Maloney, S.P. (D-N.Y.)Thompson, M. (D-Calif.)
    DeSaulnier, (D-Calif.)Matsui, (D-Calif.)Titus, (D-Nev.)
    Deutch, (D-Fla.)McAdams, (D-Utah)Tlaib, (D-Mich.)
    Dingell, (D-Mich.)McBath, (D-Ga.)Tonko, (D-N.Y.)
    Doggett, (D-Texas)McCollum, (D-Minn.)Torres Small, (D-N.M.)
    Doyle, (D-Pa.)McEachin, (D-Va.)Torres, (D-Calif.)
    Engel, (D-N.Y.)McGovern, (D-Mass.)Trahan, (D-Mass.)
    Escobar, (D-Texas)McNerney, (D-Calif.)Trone, (D-Md.)
    Eshoo, (D-Calif.)Meeks, (D-N.Y.)Underwood, (D-Ill.)
    Espaillat, (D-N.Y.)Meng, (D-N.Y.)Van Drew, (D-N.J.)
    Evans, (D-Pa.)Moore, (D-Wis.)Vargas, (D-Calif.)
    Finkenauer, (D-Iowa)Morelle, (D-N.Y.)Veasey, (D-Texas)
    Fletcher, (D-Texas)Moulton, (D-Mass.)Vela, (D-Texas)
    Foster, (D-Ill.)Mucarsel-Powell, (D-Fla.)Velazquez, (D-N.Y.)
    Frankel, (D-Fla.)Murphy, S. (D-Fla.)Visclosky, (D-Ind.)
    Fudge, (D-Ohio)Nadler, (D-N.Y.)Wasserman Schultz, (D-Fla.)
    Fitzpatrick, (R-Pa.)Napolitano, (D-Calif.)Waters, Maxine (D-Calif.)
    Gabbard, (D-Hawaii)Neal, (D-Mass.)Watson Coleman, (D-N.J.)
    Gallego, (D-Ariz.)Neguse, (D-Colo.)Welch, (D-Vt.)
    Garamendi, (D-Calif.)Norcross, (D-N.J.)Wexton, (D-Va.)
    Garcia, (D-Ill.)Norton, (D-D.C.)Wild, (D-Pa.)
    Garcia, (D-Texas)O'Halleran, (D-Ariz.)Wilson, F. (D-Fla.)
    Golden, (D-Maine)Ocasio-Cortez, (D-N.Y.)Yarmuth, (D-Ky.)
    Gomez, (D-Calif.)Omar, (D-Minn.)
  • March 13, 2019 — Read twice and referred to: House Administration, House Education and Labor, House Financial Services, House Judiciary, House Oversight and Reform.Congressional Record p. H2714