This bill would undo all the recent gains that society has made to restore rationality to this most divisive controversy.
The ideological fever that pushed the transgender agenda to the forefront of Western cultural and political life has not broken. True, a jury awarded $2 million in damages for medical malpractice to a “detransitioner” woman who had a double mastectomy when she was only 16. And true, the American Society of Plastic Surgeons and the AMA now oppose transitioning surgeries for minors — meaning that such interventions can no longer be considered the “standard of care” for children experiencing gender confusion. That’s all to the good.
But: The Attorney General of California has sued a hospital that announced it would no longer perform “gender affirming care” on minors. Across the pond, the European Parliament just voted to declare men who identify as women to be women for purposes of discrimination laws — which, while non-binding in law, is expected to influence policies going forward. That’s all to the bad.
And now, a resolution has been introduced in Congress by Representative Pramila Jayapal (D., Wash.) — along with scores of cosponsors — to establish a “Transgender Bill of Rights” that would undo all the recent gains that society has made to restore rationality to this most divisive controversy. Among other provisions, it would require that women’s private spaces be open to men who feel they are women, sweep aside religious objections to providing transgender medical interventions, and force women’s and girls’ sports to accept males as competitors.
From H. Resolution 1058, which already has many Democrat House sponsors and is supported by Massachusetts Senator Ed Markey:
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…
Oddly, it then pivots to guaranteeing abortion:
(viii) codifying the right to abortion and reproductive health care, such as contraceptives and assistive reproductive technology, for everyone, including transgender and nonbinary people;
There’s more, but space does not allow a full recitation. Check out the resolution for yourselves.
There is no question that this will not pass in the current Congress. But that should not make anyone sanguine. If the Democrats enjoy an election blowout in November, which increasingly appears possible, gender radicalism will return to the forefront of federal public policy contestation.