Democrats’ Proposed ‘Transgender Bill of Rights’ Only a Symbolic Resolution

News Analysis

House Democrats introduced a symbolic “transgender bill of rights” last month that has been erroneously hailed as a package of major civil rights reforms.

Shortly after five House Democrats held a press conference to introduce House Resolution 1209 on June 28, a windfall of national media and lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights organizations celebrated it as a bill that would create federal anti-discrimination laws for transgender people.

“The proposal, dubbed ‘The Transgender Bill of Rights,’ would codify the Supreme Court’s 2020 Bostock v. Clayton County decision that protects employees against discrimination for being gay or transgender,” wrote The Hill.

The LGBTQ Allyship tweeted, “the legislation would amend the Civil Rights Act of 1964 to explicitly include gender identity and sex characteristics as protected characteristics.”

While a bill could accomplish that, H. Res 1209 cannot because it is a simple resolution, which is not binding and symbolic.

Examples of simple resolutions used by Congress to promote a particular viewpoint are the 1971 resolution Senate passed in support of withdrawing American troops from Vietnam and the resolution Democrats passed in 2007 expressing their disapproval of President George Bush’s decision to increase U.S. troops in Iraq.

Nevertheless, drafters of the “transgender bill of rights” have hailed it as a legislative fix to what they called an attack by Republicans on gay rights.

“Across the country, radical right-wing Republicans have introduced hundreds of bills attacking the LGBTQ+ community—particularly transgender and nonbinary youth—to score political points,” said Rep. David Cicilline (D-R.I.) in a press release announcing the proposed resolution.

The resolution is co-sponsored by more than 75 Democrats and endorsed by more than 35 LGBTQ organizations. One of them is Athlete Ally, a nonprofit organization that promotes the participation of men who identify as women in women’s sports.

Under it, Democrats


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