May 17, 2019 - Issue: Vol. 165, No. 83 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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EQUALITY ACT; Congressional Record Vol. 165, No. 83
(House of Representatives - May 17, 2019)
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[Pages H3950-H3953] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] EQUALITY ACT The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further consideration of the bill (H.R. 5) to prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes, will now resume. The Clerk read the title of the bill. Motion to Recommit Mr. STEUBE. Mr. Speaker, I have a motion to recommit at the desk. The SPEAKER pro tempore. Is the gentleman opposed to the bill? Mr. STEUBE. I am in its present form. The SPEAKER pro tempore. The Clerk will report the motion to recommit. The Clerk read as follows: Mr. Steube moves to recommit the bill H.R. 5 to the Committee on the Judiciary with instructions to report the same back to the House forthwith with the following amendment: Add at the end of the bill the following: SEC. 13. RULE OF CONSTRUCTION. Nothing in this Act or any amendment made by this Act may be construed to diminish any protections under title IX of the Education Amendments of 1972. The SPEAKER pro tempore. Pursuant to the rule, the gentleman is recognized for 5 minutes in support of his motion. Mr. STEUBE. Mr. Speaker, I want to make it abundantly clear exactly what this motion to recommit does, so I am going to read it. It is very short. ``Nothing in this act or any amendment made by this act may be construed to diminish any protections under title IX of the Education Amendments of 1972.'' The threat that this bill poses for women's sports at every level is profound. As described by the Nation's leading expert on sports, sex, and biology, Professor Doriane Lambelet Coleman, she states: ``There is a significant performance difference between males and females. . . . Testosterone is the primary driver of that difference. There is a wide gap, no overlap, between the male and female testosterone ranges. . . . There is no scientific doubt that testosterone is the reason that men as a group perform better than women in sports. Indeed, this is why men and women dope with androgens. . . .'' Requiring that biological females face competition from biological males will mean the end of women's sports in any meaningful sense. As tennis great Martina Navratilova has written in The Washington Post: ``In its current form, the Equality Act would do significant damage to title IX [[Page H3951]] and to the Amateur Sports Act, which governs sports outside of educational settings. The new legislation would amend the 1964 Civil Rights Act by redefining `sex' to include `gender identity.' Without an exception, the definition would apply to all amendments to the 1964 act, including title IX. Most schools, colleges, the NCAA, and the Olympic Committee would be affected because they receive Federal funds and operate in interstate commerce. ``The legislation would make it unlawful to differentiate among girls and women in sports on the basis of sex for any purpose. For example, a sports team couldn't treat a transgender woman differently from a woman who is not transgender on the grounds that the former is male-bodied. Yet the reality is that putting male- and female-bodied athletes together is co-ed or open sport. And in open sport, females lose. ``Some Equality Act advocates argue that this is hyperbole and outdated stereotype. They say, as the ACLU has, that there is `ample evidence that girls can compete and win against boys.' They are wrong. The evidence is unequivocal that starting in puberty, in every sport except sailing, shooting, and riding, there will always be significant numbers of boys and men who would beat the best girls and women in head-to-head competition. Claims to the contrary are simply a denial of science.'' Those are not my words. Those are the words of female tennis great Martina Navratilova. In footnote 44 of the committee report on this bill, the Democrat majority states: ``The committee acknowledges that the addition of sex as a protected characteristic under title VI of the bill raises some questions about how the revised title VI should be read in relation to title IX of the Education Amendments Act. It is the committee's intention not to alter in any way title IX or the scope or availability of its exemptions as they currently stand. Rather, title IX and the revised title VI should be read as being complimentary provisions that provide overlapping protection against sex discrimination.'' But, of course, we all know that allowing biological males to compete against biological females is not an ``overlapping protection.'' It is, instead, a violation of women's rights to engage in competitive sports on an even playing field and to enjoy the protection of their own spaces reserved for biological females. So this motion to recommit is essential to protecting the rights of women and girls in sports that H.R. 5 currently denies. Even the Obama administration wrote a letter to schools regarding title IX enforcements making clear that they should continue to be able to enforce policies that are ``tailored requirements based on sound, current, and research-based medical knowledge about the impact of the individual's participation on the competitive fairness or physical safety of the sport.'' Adoption of this motion to recommit will not kill the bill. It will not delay the bill's consideration. If this motion to recommit is adopted, the bill proceeds directly to final passage. If H.R. 5 becomes law, our daughters will be asking us: ``What did you do when moves were made to eliminate women's sports?'' It is worth considering that question now before it is too late. I urge all my colleagues to join me in protecting title IX and protecting women's sports and supporting this motion to recommit. The SPEAKER pro tempore. The time of the gentleman has expired. Ms. HILL of California. Mr. Speaker, I rise to oppose the motion to recommit with all of my heart. The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes. Ms. HILL of California. Mr. Speaker, I can't believe that we are standing here and having a man tell me what kind of protection I need in sports. This is fear-mongering about trans women playing in sports. Are you kidding me? I don't know if my colleagues on the other side of the aisle realize that they have met trans people, but they have. They definitely have. I have met many, and this motion reflects nothing more than the prejudice of my colleagues. My staff has put together a lot of talking points for you today, but it is much simpler than that. The Equality Act ensures that LGBTQ women and girls who are lesbian, bisexual, or transgender will all have the same opportunities as their peers in sports, in housing, and in jobs. The discrimination that trans individuals face just trying to live their lives every single day is something beyond what most of us could ever imagine. Through my work and the issue of homelessness, I saw trans women disproportionately affected by discrimination at every single stage of their lives. They have higher rates of poverty, higher rates of sexual abuse, higher rates of homelessness. And I can tell you, no trans person is trying to game the system to participate in sports. That does not happen, and that is a sad scare tactic that has no place on the floor of the people's House. State schools and athletic organizations across the country have found for many years that letting LGBTQ student athletes, including girls and women who are transgender, participate in sports does not harm women's and girls' sports in any way. As an athlete, athletic success is based on so many factors, like individual ability and strength, and those abilities vary widely for people who aren't even trans. It has nothing to do with whether someone is transgender or not. In fact, major advocates for women and girls in sports, such as the National Women's Law Center, the Women's Sports Foundation, Women's Leaders in College Sports, and others, support trans-inclusive policies and oppose efforts to exclude transgender people from participating in sports. This is not a new concept. Trans people have participated in sports for years. Stop the fear-mongering. This is 2019, and we are not afraid of the boogieman that you are trying to create. We are ready to move forward and tell all of our constituents, all of our communities, all Americans that they matter equally. You, my colleagues, are on the wrong side of history, and we will be waiting for you on the other side when we reject this amendment and pass H.R. 5. Mr. Speaker, I yield to the gentleman from New Hampshire (Mr. Pappas). Mr. PAPPAS. Mr. Speaker, thank you to my colleague, Representative Hill from California, my fellow co-chair of the Equality Caucus, as she rightfully notes nothing--nothing--in the Equality Act infringes upon women's rights. If it did, we wouldn't be supporting it so vociferously today. This MTR is an army of words marching in search of an issue that doesn't exist. For those of us who have been involved in the fight for equality, this tactic isn't new or surprising. We have seen it before. We have seen the deliberate distractions, the unfounded fears, the faulty arguments on our way toward progress. This legislation simply gives LGBTQ individuals full equality-- nothing more and nothing less. When we end legal discrimination in housing, employment, and public services, we will steer our Nation closer to the full realization of its founding principles and the notion that we are all created equal. As a proud member of the LGBTQ community, I can attest that attitudes in this country have changed for the better, and it is time that our laws catch up. Congress can send a message to LGBTQ Americans everywhere that we see you, that we celebrate you for who you are. This vote will change laws, and it will save lives. In passing the Equality Act today, we can say, unequivocally, that everyone matters, that everyone can be themselves, that no one should live in fear or be treated as a second-class citizen in the United States of America, not today and not ever--full equality under the law, nothing less and nothing more. I urge my colleagues to vote ``no'' on this motion to recommit. I welcome you to become a part of history. Join us on the right side of history. Do the right thing today. Vote ``no'' on this MTR, and stand for full equality for the LGBTQ community. Ms. HILL of California. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to recommit. [[Page H3952]] There was no objection. The SPEAKER pro tempore. The question is on the motion to recommit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Recorded Vote Mr. STEUBE. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair will reduce to 5 minutes the minimum time for any electronic vote on the question of passage. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 181, noes 228, not voting 23, as follows: [Roll No. 216] AYES--181 Abraham Aderholt Allen Amash Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (UT) Bost Brooks (AL) Brooks (IN) Buchanan Buck Budd Burgess Byrne Calvert Carter (GA) Carter (TX) Chabot Cheney Cline Cloud Cole Collins (GA) Collins (NY) Comer Conaway Cook Crawford Crenshaw Curtis Davidson (OH) Davis, Rodney DesJarlais Diaz-Balart Duncan Dunn Emmer Estes Ferguson Fitzpatrick Fleischmann Flores Fortenberry Foxx (NC) Fulcher Gaetz Gallagher Gianforte Gibbs Gohmert Gonzalez (OH) Gooden Gosar Granger Graves (GA) Graves (LA) Graves (MO) Green (TN) Griffith Grothman Guest Guthrie Hagedorn Harris Hartzler Hern, Kevin Herrera Beutler Hice (GA) Higgins (LA) Hill (AR) Holding Hollingsworth Hudson Huizenga Hunter Hurd (TX) Johnson (SD) Jordan Joyce (OH) Joyce (PA) Katko Kelly (MS) Kelly (PA) King (IA) King (NY) Kinzinger Kustoff (TN) LaMalfa Lamborn Latta Lesko Lipinski Long Loudermilk Lucas Luetkemeyer Marchant Marshall Mast McCarthy McCaul McClintock McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Mullin Newhouse Norman Nunes Olson Palazzo Palmer Perry Posey Reed Reschenthaler Rice (SC) Riggleman Roby Rodgers (WA) Roe, David P. Rogers (AL) Rogers (KY) Rooney (FL) Rose, John W. Rouzer Roy Rutherford Scalise Schweikert Scott, Austin Sensenbrenner Shimkus Simpson Smith (MO) Smith (NE) Smith (NJ) Spano Stauber Stefanik Steil Steube Stewart Stivers Taylor Thompson (PA) Thornberry Timmons Tipton Upton Wagner Walberg Walden Walorski Waltz Watkins Webster (FL) Wenstrup Williams Wittman Womack Woodall Wright Yoho Zeldin NOES--228 Adams Aguilar Allred Axne Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Boyle, Brendan F. Brindisi Brown (MD) Brownley (CA) Bustos Butterfield Carbajal Cardenas Carson (IN) Cartwright Case Casten (IL) Castor (FL) Castro (TX) Chu, Judy Cicilline Cisneros Clark (MA) Clarke (NY) Clay Cleaver Cohen Connolly Cooper Correa Costa Courtney Cox (CA) Craig Crist Crow Cuellar Cummings Cunningham Davids (KS) Davis (CA) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Doggett Doyle, Michael F. Engel Escobar Eshoo Espaillat Evans Finkenauer Fletcher Foster Frankel Fudge Gabbard Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez (TX) Gottheimer Green (TX) Grijalva Haaland Harder (CA) Hastings Hayes Heck Higgins (NY) Hill (CA) Himes Horn, Kendra S. Horsford Houlahan Hoyer Huffman Jackson Lee Jayapal Jeffries Johnson (GA) Johnson (TX) Kaptur Keating Kelly (IL) Kennedy Khanna Kildee Kilmer Kim Kind Kirkpatrick Krishnamoorthi Kuster (NH) Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Levin (CA) Levin (MI) Lewis Lieu, Ted Loebsack Lofgren Lowenthal Lowey Lujan Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Massie Matsui McAdams McBath McCollum McEachin McGovern McNerney Meeks Meng Moore Morelle Mucarsel-Powell Murphy Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Pelosi Perlmutter Peters Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Rice (NY) Richmond Rouda Roybal-Allard Ruiz Ruppersberger Rush Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Serrano Sewell (AL) Shalala Sherman Sherrill Sires Slotkin Smith (WA) Soto Spanberger Speier Stanton Stevens Suozzi Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Van Drew Vargas Veasey Vela Velazquez Visclosky Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Wilson (FL) Yarmuth NOT VOTING--23 Brady Bucshon Burchett Clyburn Dingell Duffy Johnson (LA) Johnson (OH) LaHood Moulton Pence Peterson Ratcliffe Rose (NY) Ryan Smucker Swalwell (CA) Turner Walker Weber (TX) Westerman Wilson (SC) Young {time} 1204 So the motion to recommit was rejected. The result of the vote was announced as above recorded. The SPEAKER pro tempore. The question is on the passage of the bill. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Recorded Vote Mr. COLLINS of Georgia. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. This is a 5-minute vote. The vote was taken by electronic device, and there were--ayes 236, noes 173, not voting 23, as follows: [Roll No. 217] AYES--236 Adams Aguilar Allred Axne Barragan Bass Beatty Bera Beyer Bishop (GA) Blumenauer Blunt Rochester Bonamici Boyle, Brendan F. Brindisi Brooks (IN) Brown (MD) Brownley (CA) Bustos Butterfield Carbajal Cardenas Carson (IN) Cartwright Case Casten (IL) Castor (FL) Castro (TX) Chu, Judy Cicilline Cisneros Clark (MA) Clarke (NY) Clay Cleaver Cohen Connolly Cooper Correa Costa Courtney Cox (CA) Craig Crist Crow Cuellar Cummings Cunningham Davids (KS) Davis (CA) Davis, Danny K. Dean DeFazio DeGette DeLauro DelBene Delgado Demings DeSaulnier Deutch Diaz-Balart Doggett Doyle, Michael F. Engel Escobar Eshoo Espaillat Evans Finkenauer Fitzpatrick Fletcher Foster Frankel Fudge Gabbard Gallego Garamendi Garcia (IL) Garcia (TX) Golden Gomez Gonzalez (TX) Gottheimer Green (TX) Grijalva Haaland Harder (CA) Hastings Hayes Heck Higgins (NY) Hill (CA) Himes Horn, Kendra S. Horsford Houlahan Hoyer Huffman Hurd (TX) Jackson Lee Jayapal Jeffries Johnson (GA) Johnson (TX) Kaptur Katko Keating Kelly (IL) Kennedy Khanna Kildee Kilmer Kim Kind Kirkpatrick Krishnamoorthi Kuster (NH) Lamb Langevin Larsen (WA) Larson (CT) Lawrence Lawson (FL) Lee (CA) Lee (NV) Levin (CA) Levin (MI) Lewis Lieu, Ted Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Luria Lynch Malinowski Maloney, Carolyn B. Maloney, Sean Matsui McAdams McBath McCollum McEachin McGovern McNerney Meeks Meng Moore Morelle Mucarsel-Powell Murphy Nadler Napolitano Neal Neguse Norcross O'Halleran Ocasio-Cortez Omar Pallone Panetta Pappas Pascrell Payne Pelosi Perlmutter Peters Phillips Pingree Pocan Porter Pressley Price (NC) Quigley Raskin Reed Rice (NY) Richmond Rouda Roybal-Allard Ruiz Ruppersberger Rush Sanchez Sarbanes Scanlon Schakowsky Schiff Schneider Schrader Schrier Scott (VA) Scott, David Serrano Sewell (AL) Shalala Sherman Sherrill Sires Slotkin Smith (WA) Soto Spanberger Speier Stanton Stefanik Stevens Suozzi Takano Thompson (CA) Thompson (MS) Titus Tlaib Tonko Torres (CA) Torres Small (NM) Trahan Trone Underwood Van Drew Vargas Veasey Vela Velazquez Visclosky Walden Wasserman Schultz Waters Watson Coleman Welch Wexton Wild Wilson (FL) Yarmuth NOES--173 Abraham Aderholt Allen Amash Amodei Armstrong Arrington Babin Bacon Baird Balderson Banks Barr Bergman Biggs Bilirakis Bishop (UT) Bost [[Page H3953]] Brooks (AL) Buchanan Buck Budd Burgess Byrne Calvert Carter (GA) Carter (TX) Chabot Cheney Cline Cloud Cole Collins (GA) Collins (NY) Comer Conaway Cook Crawford Crenshaw Curtis Davidson (OH) Davis, Rodney DesJarlais Duncan Dunn Emmer Estes Ferguson Fleischmann Flores Fortenberry Foxx (NC) Fulcher Gaetz Gallagher Gianforte Gibbs Gohmert Gonzalez (OH) Gooden Gosar Granger Graves (GA) Graves (LA) Graves (MO) Green (TN) Griffith Grothman Guest Guthrie Hagedorn Harris Hartzler Hern, Kevin Herrera Beutler Hice (GA) Higgins (LA) Hill (AR) Holding Hollingsworth Hudson Huizenga Hunter Johnson (SD) Jordan Joyce (OH) Joyce (PA) Kelly (MS) Kelly (PA) King (IA) King (NY) Kinzinger Kustoff (TN) LaMalfa Lamborn Latta Lesko Long Loudermilk Lucas Luetkemeyer Marchant Marshall Massie Mast McCarthy McCaul McClintock McHenry McKinley Meadows Meuser Miller Mitchell Moolenaar Mooney (WV) Mullin Newhouse Norman Nunes Olson Palazzo Palmer Pence Perry Posey Reschenthaler Rice (SC) Riggleman Roby Rodgers (WA) Roe, David P. Rogers (AL) Rogers (KY) Rooney (FL) Rose, John W. Rouzer Roy Rutherford Scalise Schweikert Scott, Austin Sensenbrenner Shimkus Simpson Smith (MO) Smith (NE) Smith (NJ) Spano Stauber Steil Stewart Stivers Taylor Thompson (PA) Thornberry Timmons Tipton Upton Wagner Walberg Walorski Waltz Watkins Webster (FL) Wenstrup Williams Wittman Womack Woodall Wright Yoho Zeldin NOT VOTING--23 Brady Bucshon Burchett Clyburn Dingell Duffy Johnson (LA) Johnson (OH) LaHood Moulton Peterson Ratcliffe Rose (NY) Ryan Smucker Steube Swalwell (CA) Turner Walker Weber (TX) Westerman Wilson (SC) Young Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). The Chair will remind all persons in the gallery that they are here as guests of the House and that any manifestation of approval or disapproval of proceedings is in violation of the rules of the House. {time} 1212 So the bill was passed. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. Stated against: Mr. WESTERMAN. Mr. Speaker, due to my only daughter, Amie Westerman, having her wedding rehearsal dinner on Friday, May 17, 2019, I will not be present for the vote on H.R. 5, The Equality Act. Had I been present for the vote, I would have recorded a Nay vote. personal explanation Mr. ROSE of New York. Mr. Speaker, due to a death in my family, I had to miss votes on Thursday, May 16 and Friday, May 17. Had I been present, I would have voted: ``nay'' on rollcall No. 210, McKinley Amendment No. 2 to H.R. 987; ``yea'' on rollcall No. 211 Harder Amendment No. 6 to H.r. 987; ``yea'' on rollcall No. 212 Wexton Amendment No. 21 to H.R. 987; ``nay'' on rollcall No. 213 Motion to Recommit for H.R. 987; ``yea'' on rollcall No. 214 Final Passage for H.R. 987; ``nay'' on rollcall No. 216 Motion to Recommit for H.R. 5; and ``yea'' on rollcall No. 217 Final Passage for H.R. 5. personal explanation Mr. BUCSHON. Mr. Speaker, I was unavoidably detained on May 17, 2019, in order to deliver the Commencement Address at the Concordia Seminary in Saint Louis, Missouri. Had I been present, I would have voted ``yea'' on rollcall No. 215, ``yea'' on rollcall No. 216, and ``nay'' on rollcall No. 217. personal explanation Mr. JOHNSON of Ohio. Mr. Speaker, I was absent during this morning's vote on final passage of H.R. 5 due to travel for an unavoidable medical appointment back in Ohio. Had I been present for this vote on H.R. 5, I would have voted ``nay'' on rollcall No. 215, ``yea'' on rollcall No. 216, and ``nay'' on rollcall No. 217. ____________________
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