As Republicans propose a litany of anti-LGBTQ2S+ bills across the U.S., some Democrats are hoping to enshrine trans rights at the national level.
A Trans Bill of Rights introduced by House Democrats on June 28 would codify LGBTQ2S+ equality in matters of federal policy. If signed into law, the resolution would reaffirm the Supreme Court’s 2020 ruling that the Civil Rights Act of 1964 applies to workplace discrimination on the basis of sexual orientation and gender identity and write explicit protections into law. It would also expand access to gender-affirming medical care and outlaw the discredited practice of conversion therapy.
The proposal would additionally require the U.S. attorney general to appoint a liaison to ensure the enforcement of protections safeguarding LGBTQ2S+ people’s civil rights. It further calls on government leaders to invest in resources to combat anti-trans violence; at least 19 trans people have lost their lives to violence in 2022, the majority of whom were Black trans women.
House Rep. Pramila Jayapal (D-Wash.), who co-led the resolution’s introduction, said that its enactment would help trans Americans live “full, happy lives.”
“As we witness Republicans and an extremist Supreme Court attack and roll back the fundamental rights of trans people across our country, and as state legislatures across the country target our trans community with hateful, bigoted and transphobic attacks, we are standing up and saying enough is enough,” Jayapal said in a statement.
The resolution has more than 80 co-sponsors in the U.S. House of Representatives, including out Reps. David Cicilline (D-R.I.), Mondaire Jones (D-N.Y.), Mark Takano (D-Calif.) and Ritchie Torres (D-N.Y.).
The introduction of the House’s Trans Bill of Rights follows the Supreme Court overturning Roe v. Wade, which civil rights groups warned could lead to the erosion of LGBTQ2S+ equality. In a concurring opinion, Justice Clarence Thomas said the Supreme Court should reconsider its rulings in Obergefell v. Hodges and Lawrence v. Texas—which legalized same-sex marriage and same-sex intimacy, respectively—in light of the bench’s June 24 decision that the U.S. Constitution does not guarantee a federal right to abortion.
While the Supreme Court has yet to revisit those cases, state lawmakers in the U.S. have already started chipping away at LGBTQ2S+ equality. More than 300 bills have been introduced this year attacking queer and trans Americans, most of which target trans youth. These include proposals to ban them from receiving gender-affirming medical care and limit their participation in school sports.
Although House Democrats’ resolution is a welcome rejoinder to attempts to effectively outlaw the existence of trans people, its introduction appears to be largely symbolic. The Trans Bill of Rights closely resembles the Equality Act, which has stalled in Congress for years. The legislation, which would update federal civil rights laws to ban anti-LGBTQ2S+ discrimination in areas like housing, education and public accommodation, has yet to clear the Senate despite passing the House twice.
Even if the Trans Bill of Rights meets the same fate as the Equality Act, National Center for Trans Equality executive director Rodrigo Heng-Lehtinen said he is grateful to the House for standing up for trans people during a difficult political moment.
“While some politicians are targeting our community with discriminatory legislation, we are grateful that the members House of Representatives are sending this message to us—and especially to transgender youth—that they affirm our lives and value the contributions we make to our country,” Heng-Lehtinen told politics news site The Hill. “We deserve to live as who we are without sacrificing our safety, access to healthcare or enduring violence and discrimination.”
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