[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 815 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. RES. 815
Expressing support for the recognition of October 26, 2023, as
``Intersex Awareness Day'', and supporting the goals and ideals of
Intersex Awareness Day.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 26, 2023
Ms. Balint (for herself, Mr. Pocan, Ms. Bonamici, Ms. Crockett, Ms.
Davids of Kansas, Mr. Robert Garcia of California, Mr. Grijalva, Ms.
Jacobs, Ms. Jayapal, Ms. Lee of Pennsylvania, Mr. Mullin, Ms. Norton,
Mr. Peters, Mr. Takano, Ms. Sanchez, Mr. Schiff, Mr. Torres of New
York, Mrs. Watson Coleman, and Mr. Frost) submitted the following
resolution; which was referred to the Committee on Energy and Commerce,
and in addition to the Committee on Education and the Workforce, 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
_______________________________________________________________________
RESOLUTION
Expressing support for the recognition of October 26, 2023, as
``Intersex Awareness Day'', and supporting the goals and ideals of
Intersex Awareness Day.
Whereas Intersex Awareness Day honors the first public demonstration by intersex
people in the United States, which took place at the annual conference
of the American Academy of Pediatrics on October 26, 1996;
Whereas, since that historic demonstration in 1996, October 26 has become a day
during which intersex people and allies come together to celebrate and
uplift the intersex community;
Whereas ``intersex'' refers to individuals with innate variations in their
physical sex characteristics, including external anatomy, reproductive
organs, hormonal function, and/or chromosomal patterns;
Whereas the most widely cited estimate of the frequency of intersex traits in
the population is 1.7 percent, yet the true prevalence is likely higher;
Whereas health equity for intersex people is undermined by patterns of
stigmatization and discrimination on the basis of variations in sex
characteristics, intersex status, and perceived gender nonconformity;
Whereas babies and children with variations in their sex characteristics are
often subjected, without their own informed consent or assent, to
irreversible surgeries and other interventions to make their bodies
conform to stereotypical expectations of what it means to appear, behave
as, or be male or female;
Whereas instances in which variations in sex characteristics necessitate surgery
on an urgent basis in infancy or early childhood are exceedingly rare,
and decisions about such surgeries could therefore be safely postponed
in the vast majority of cases until such time as an indication of
medical necessity may arise;
Whereas there is evidence that performing these irreversible surgeries in the
absence of individual consent can result in severe lasting physical and
psychological harm including loss of bodily function, the destruction of
reproductive capacity, and the imposition of a sex assignment with which
the individual will not identify;
Whereas three former Surgeons General of the United States have agreed that
early, nonconsensual surgeries on intersex children can cause ``severe
and irreversible physical harm and emotional distress'' and ``violate an
individual's right to personal autonomy over their own future'',
``clearly infring[ing] on the child's right to physical integrity,
preservation of sexual and gender identity, and procreative freedom'';
Whereas the Department of State has commemorated Intersex Awareness Day by
recognizing the harm of these surgeries, stating that ``at a young age,
intersex persons routinely face forced medical surgeries without free or
informed consent. These interventions jeopardize their physical
integrity and ability to live freely'';
Whereas the American Academy of Family Physicians (AAFP) ``opposes medically-
unnecessary genital surgeries performed on intersex children'' and
states that ``Genital surgeries should only be recommended as medically
necessary for intersex infants and children for the purpose of resolving
significant functional impairment or reducing imminent and substantial
risk of developing a health- or life-threatening condition'';
Whereas the World Professional Association for Transgender Health, in its
Standards of Care Version 8, recommends that providers treating intersex
children delay ``genital surgery, gonadal surgery, or both, so as to
optimize the children's self-determination and ability to participate in
the decision based on informed consent.'';
Whereas the American Bar Association in a 2023 resolution took a position
``Oppos[ing] all . . . policy that attempts to impose medical or
surgical intervention on minors with intersex traits (also known as
variations in sex characteristics) without the minor's informed consent
or assent, and urg[ing] licensed professionals not to conduct or propose
medical or surgical intervention on minors with intersex traits until
the minor requests the proposed care, understands the impact of the
proposed care as well as alternatives, is provided with affirming
psychosocial supports, and gives informed consent or assent, except when
immediate life-threatening circumstances require emergency
intervention'';
Whereas medical practices should respect the human rights and bodily autonomy of
all people, and government institutions should implement policies that
protect and support intersex people;
Whereas the Presidential Memorandum of February 4, 2021, on ``Advancing the
Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex
Persons Around the World'' makes it ``the policy of the United States to
pursue an end to violence and discrimination on the basis of sexual
orientation, gender identity or expression, or sex characteristics'';
Whereas President Biden convened the first White House Roundtable on intersex
issues on October 26, 2021, in celebration of Intersex Awareness Day,
declaring that the Administration ``is committed to advancing justice,
opportunity, and safety for intersex Americans'';
Whereas Executive Order 14075 of June 15, 2022, states that it is the policy of
the United States Government ``to combat unlawful discrimination and
eliminate disparities'' affecting ``lesbian, gay, bisexual, transgender,
queer, and intersex (LGBTQI+) Americans,'' including discrimination on
the basis of sex characteristics, and directs Federal agencies to
``advance the responsible and effective collection and use of data on
sexual orientation, gender identity, and sex characteristics'';
Whereas the House of Representatives has voted twice to explicitly codify
nondiscrimination protections for people with intersex variations in its
passage of the Equality Act, and various Federal agencies, including the
Department of Justice, have recognized that, consistent with the legal
reasoning of Bostock v. Clayton County, discrimination on the basis of a
person's sex characteristics is prohibited sex discrimination; and
Whereas intersex people are an important part of the diversity of our Nation to
be celebrated and should be afforded respect, dignity, and the universal
human right to bodily autonomy: Now, therefore, be it
Resolved, That the House of Representatives--
(1) supports the goals and ideals of Intersex Awareness
Day;
(2) encourages the Federal Government, States, localities,
nonprofit organizations, schools, and community organizations
to observe the day with appropriate programs and activities,
with the goal of increasing public knowledge of the intersex
community and empowering individuals to celebrate and respect
their diversity;
(3) encourages health care providers to offer culturally
and clinically competent care to the intersex community, and
schools to support education regarding the intersex community,
and connect individuals to resources for young people with
intersex variations and their families; and
(4) encourages the Federal Government, States,
international funding organizations, and United States
bilateral and multilateral aid efforts to prioritize the health
and human rights of intersex people.
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