[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1058 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. RES. 1058
Recognizing that it is the duty of the Federal Government to develop
and implement a Transgender Bill of Rights to protect and codify the
rights of transgender and nonbinary people under the law and ensure
their access to medical care, shelter, safety, and economic security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2026
Ms. Jayapal (for herself, Mr. Takano, Ms. Jacobs, Mr. Amo, Ms. Ansari,
Ms. Balint, Ms. Barragan, Mr. Bell, Ms. Bonamici, Ms. Brownley, Mr.
Carbajal, Mr. Carson, Mr. Casar, Mr. Casten, Ms. Chu, Mr. Cisneros, Ms.
Clarke of New York, Mr. Davis of Illinois, Ms. Dean of Pennsylvania,
Ms. DeGette, Ms. DelBene, Mr. DeSaulnier, Ms. Dexter, Mrs. Dingell, Mr.
Doggett, Mr. Evans of Pennsylvania, Mrs. Fletcher, Mrs. Foushee, Mr.
Frost, Mr. Garamendi, Ms. Garcia of Texas, Mr. Garcia of California,
Mr. Garcia of Illinois, Mr. Goldman of New York, Mr. Gomez, Mr. Green
of Texas, Mrs. Grijalva, Mr. Ivey, Mr. Johnson of Georgia, Ms.
Kamlager-Dove, Mr. Keating, Mr. Krishnamoorthi, Mr. Larson of
Connecticut, Ms. Lee of Pennsylvania, Ms. Leger Fernandez, Mr. Lieu,
Ms. Lofgren, Mr. Lynch, Ms. Matsui, Ms. McBride, Mrs. McClain Delaney,
Ms. McClellan, Ms. McCollum, Mr. McGarvey, Mr. McGovern, Mrs. McIver,
Mr. Menendez, Ms. Meng, Ms. Moore of Wisconsin, Mr. Moulton, Mr.
Mullin, Mr. Nadler, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr.
Panetta, Mr. Peters, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr. Quigley,
Mrs. Ramirez, Ms. Randall, Mr. Raskin, Ms. Rivas, Ms. Ross, Ms.
Salinas, Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Ms. Simon, Mr. Smith
of Washington, Ms. Stansbury, Mr. Thanedar, Ms. Titus, Ms. Tlaib, Ms.
Tokuda, Mr. Tonko, Mr. Torres of New York, Mrs. Trahan, Mr. Vargas, Ms.
Velazquez, Mr. Walkinshaw, Mrs. Watson Coleman, Ms. Wilson of Florida,
and Ms. Brown) submitted the following resolution; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Education and Workforce, Energy and Commerce, Financial Services,
Oversight and Government Reform, Armed Services, Veterans' Affairs, and
House Administration, 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
Recognizing that it is the duty of the Federal Government to develop
and implement a Transgender Bill of Rights to protect and codify the
rights of transgender and nonbinary people under the law and ensure
their access to medical care, shelter, safety, and economic security.
Whereas an estimated 1,600,000 transgender adults live in the United States;
Whereas title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
requires equal treatment under the law regardless of sex;
Whereas the Supreme Court of the United States affirmed in Bostock v. Clayton
County, 140 S. Ct. 1731 (2020) that Federal protection against
discrimination on the basis of sex includes protection from
discrimination on the basis of sexual orientation and gender identity;
Whereas several Federal courts have correctly concluded that discrimination
against transgender people because of their sex and gender identity
violates title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 1557 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18116), and the Fourteenth Amendment to the Constitution of
the United States;
Whereas, despite the protections against discrimination on the basis of sexual
orientation and gender identity, transgender people still experience
discrimination in--
(1) medical care;
(2) employment;
(3) housing;
(4) education;
(5) lending; and
(6) other basic necessities;
Whereas President Trump has issued several executive orders that attempt to
unlawfully discriminate against transgender people;
Whereas anti-trans individuals strive to deprive transgender and nonbinary
people of access to gender affirming care, despite the overwhelming
consensus of the medical community that gender-affirming care is
essential, safe, and life-saving health care;
Whereas the provision of best-practice, age-appropriate, gender-affirming health
care is endorsed by the American Academy of Child and Adolescent
Psychiatry, the American Academy of Family Physicians, the American
Academy of Nursing, the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the American College of
Physicians, the American Counseling Association, the American Heart
Association, the American Medical Association, the American Nurses
Association, the American Osteopathic Association, the American
Psychiatric Association, the American Psychological Association, the
American Public Health Association, the Endocrine Society, the National
Association of Nurse Practitioners in Women's Health, the Pediatric
Endocrine Society, the Society for Adolescent Health and Medicine, the
World Medical Association, and the World Professional Association for
Transgender Health;
Whereas transgender and nonbinary people--
(1) face significant barriers to legal recognition of their truest
selves on government-issued documentation and identification that reflects
their gender;
(2) experience disproportionately high rates of poverty, homelessness,
violence, and suicide due to discrimination and persecution; and
(3) are especially vulnerable to violence and abuse and are often
deprived of gender-affirming resources and health care while detained in
jails, prisons, and immigration detention centers; and
Whereas transgender and nonbinary people--
(1) make unique, valuable contributions to American society and culture
worth honoring and celebrating;
(2) have existed throughout history across the globe, demonstrating
resilience, bravery, and authenticity; and
(3) are parents, siblings, children, chosen family, and friends
deserving of human dignity and support: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives
that--
(1) the Federal Government has a duty to protect the rights
of transgender and nonbinary people by implementing a
``Transgender Bill of Rights'' that includes--
(A) ensuring that transgender and nonbinary people
have equal access to services and public accommodations
that align with their gender identity by--
(i) amending the Civil Rights Act of 1964
(42 U.S.C. 2000a et seq.) to prohibit
discrimination on the basis of sex, including
gender identity and sex characteristics, in
public accommodations and federally funded
programs and activities;
(ii) expanding the definition of public
accommodation to address the full range of
places and services that members of the general
public utilize;
(iii) explicitly clarifying that it is
illegal to discriminate on the basis of sex,
including gender identity or sex
characteristics, in public accommodations and
services on religious grounds; and
(iv) amending Federal law to ensure that it
protects students from discrimination based on
sex, including gender identity and sex
characteristics, thus guaranteeing the right of
students to participate, free from
discrimination, including harassment and sexual
violence, in all areas of school life,
including in classes, extracurriculars
(including athletics), access to facilities,
and other school activities;
(B) clarifying and reaffirming the right to bodily
autonomy and health care for transgender and nonbinary
people by--
(i) enforcing prohibitions against
discrimination in the provision of health care
on the basis of sex, including on the basis of
actual or perceived gender identity or sex
characteristics;
(ii) eliminating unnecessary governmental
restrictions on the provision of, and access
to, gender-affirming medical care and
counseling for transgender and nonbinary adults
and adolescents;
(iii) ensuring that health care providers
that follow recognized standards of care for
transgender and nonbinary people are not
targeted for criminal or civil penalties, or
for professional discipline;
(iv) protecting children against forceful
removal from supportive homes;
(v) protecting providers of gender-
affirming care, reproductive health care, and
abortion health care from threats and acts of
violence related to their work;
(vi) expanding access to competent health
care providers serving transgender and
nonbinary patients, including by recruiting and
training more health care providers to provide
appropriate care;
(vii) expanding telehealth access to
provide patients in rural and other underserved
locations better access to health care
services;
(viii) codifying the right to abortion and
reproductive health care, such as
contraceptives and assistive reproductive
technology, for everyone, including transgender
and nonbinary people;
(ix) banning the performing of
nonconsensual surgeries that violate medical
ethics and the human rights of intersex
children and infants;
(x) banning conversion practices and other
abusive and torturous pseudo-medical treatments
that are overwhelmingly rejected by every major
medical organization as lacking efficacy and
carrying significant risks of harm;
(xi) protecting providers of gender-
affirming care from specious consumer and
medical fraud accusations based on their
provision of medically necessary care; and
(xii) ensuring that the Sexual & Gender
Minority Research Office of the National
Institutes of Health is re-opened and remains
operational;
(C) ensuring transgender and nonbinary people can
care for themselves and their families by fully
codifying the judgment of the Supreme Court in Bostock
v. Clayton County, 140 S. Ct. 1731 (2020) by--
(i) eliminating hiring and employment
discrimination and workforce exclusion by
amending title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.) to explicitly
clarify that employers may not discriminate on
the basis of actual or perceived gender
identity or sex characteristics;
(ii) amending the Fair Housing Act (42
U.S.C. 3601 et seq.) to explicitly clarify that
it prohibits all forms of sex discrimination,
including on the basis of gender identity or
sex characteristics; and
(iii) amending the Equal Credit Opportunity
Act (15 U.S.C. 1691 et seq.) to explicitly
clarify that it prohibits all forms of sex
discrimination, including on the basis of
gender identity or sex characteristics;
(D) providing accessible avenues for legal
recognition of transgender and nonbinary identities and
guaranteeing full participation in civil life by--
(i) eliminating Federal gender
identification requirements on government
documents that are unnecessary to determine the
identity of the holder or are otherwise
irrelevant to the purpose of the document;
(ii) eliminating burdensome barriers to, or
prohibitions on, updating sex and names on
passports, Social Security cards, and other
forms of Federal Government identification and
records, permitting, where possible, changes on
self-attestation alone;
(iii) requiring that an ``X'' marker be
available on Federal Government identification
and records that require gender;
(iv) requiring States to permit voters to
update their name and gender on their voter
registration and vote on the same day of
Federal elections;
(v) making explicit that existing Federal
statutes prohibiting sex discrimination in jury
service also prohibit discrimination based on
gender identity and sex characteristics;
(vi) eliminating anti-trans bias in the
immigration system, including the asylum
process, by requiring culturally competent
training for adjudicators and ensuring that
gender identity and sex characteristics are not
used to the detriment of individuals in
immigration proceedings;
(vii) ensuring that dedicated and capable
transgender and nonbinary servicemembers can
continue to serve proudly and openly in the
Armed Forces;
(viii) requiring the TRICARE program (as
defined in section 1072 of title 10, United
States Code) and the Department of Veterans
Affairs to pay for gender-affirming health
care; and
(ix) requiring a review of military
discharges for transgender and nonbinary
veterans, and reclassification of discharge
status and code, to ensure the patriotism and
sacrifices of transgender and nonbinary
servicemembers is respected above partisan
politics;
(E) strengthening the safety of transgender and
nonbinary people by--
(i) investing in community services to
prevent intimate partner, family, and community
violence against transgender and nonbinary
people and expand services for transgender and
nonbinary survivors;
(ii) investing in mental health services
and suicide prevention programs designed for
transgender and nonbinary people;
(iii) ensuring robust regulations and
procedures that affirm that claims for
immigration relief or asylum based on
persecution related to gender, sexual
orientation, gender identity, and sex
characteristics are protected grounds in the
context of asylum adjudications;
(iv) ensuring housing assignments for
transgender and nonbinary people in government
custody are based on their safety needs and
providing individual housing determinations
that incorporate assessments by qualified
caseworkers and the assessment of the
individual of their safety needs;
(v) prohibiting involuntary solitary or
administrative confinement of a transgender or
nonbinary individual because of their gender
identity; and
(vi) exploring policies and practices that
improve the safety of transgender and nonbinary
individuals incarcerated in jails, prisons, and
immigration detention facilities and ensuring
that those populations of transgender and
nonbinary individuals have access to gender-
affirming care, appropriate services, and
commissary items consistent with their gender
identity; and
(F) actively enforcing the civil rights of
transgender and nonbinary people by all government
agencies including by--
(i) requiring the Attorney General to
designate a liaison within the Civil Rights
Division of the Department of Justice whose job
is dedicated to advising on and overseeing
enforcement of the civil rights of transgender
and nonbinary people; and
(ii) appropriating the funds necessary to
fully staff and support the enforcement of
these rights across agencies;
(2) to carry out the goals in this resolution, Federal
agencies must collect gender identity and sex characteristics
information on a voluntary, confidential basis solely for
equity and public health purposes in key Federal surveys;
(3) the Federal Government must make an ongoing commitment
to the rights of transgender and nonbinary people;
(4) policies concerning transgender rights must be led and
informed by transgender communities, in particular Black and
Indigenous women who face heightened risk of violence, poverty,
discrimination, and other harm due to their intersecting
identities; and
(5) the actions listed in this resolution are only the
first steps toward transgender equality.
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