House Passes Bill to Force Schools to Let Biological Males into Girls’ Restrooms, Locker Rooms, Dressing Rooms

By CNSNews.com Staff | February 26, 2021 | 4:54pm EST
Speaker Nancy Pelosi and Rep. David Cicilline at press conference where Cicilline introduced the Equality Act, March 13, 2019. (Photo by Mark Wilson/Getty Images)
Speaker Nancy Pelosi and Rep. David Cicilline at press conference where Cicilline introduced the Equality Act, March 13, 2019. (Photo by Mark Wilson/Getty Images)

(CNSNews.com) - The U.S. House of Representatives voted on Thursday to pass a bill that would explicitly grant biological males—who adopt the “appearance” or “mannerisms” of a female or claim to identify as females—access to the girls’ “restroom,” “locker room,” and “dressing room.”

The bill—entitled “The Equality Act”—creates a federal prohibition on discrimination based on “sexual orientation” and “gender identity” under the 1964 Civil Rights Act.

Its chief sponsor was Rep. David Cicilline (D.-R.I.), who is a co-chair of the Congressional LGBTQ+ Equality Caucus.

Cicilline was also a House impeachment manager in the second Senate impeachment trial of former President Donald Trump.

The text of the bill defines “gender identity” to include a person’s “appearance” or “mannerisms” in addition to, and regardless of, their “gender identity.”

Section 1101 of the bill is entitled “Definitions and Rules.” Subsection (a)(2) provides the definition for “Gender Identity.” It is as follows: “The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual regardless of the individual’s designated sex at birth.”

Screen capture of the definition of the term 'Gender Identity' as presented in the text of the Equality Act that the House approved on Feb. 25, 2021.
Screen capture of the definition of the term 'Gender Identity' as presented in the text of the Equality Act that the House approved on Feb. 25, 2021.

The bill goes on to say: “(with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.”

Screen capture of the passage in the text of the Equality Act as passed in the House that says a person shall not be denied access to restroom, locker rooms and dressing rooms that are in accordance with their "gender identity."
Screen capture of the passage in the text of the Equality Act as passed in the House that says a person shall not be denied access to restroom, locker rooms and dressing rooms that are in accordance with their "gender identity."

The committee report on the bill, which was published May 10, 2019, included the same definition and proscriptions and sought to explain them.

On page 6, the report states: “The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual regardless of the individual’s designated sex at birth.”

In a footnote on page 12, the report notes: “First a concern has been raised about whether the definition of gender identity would require employers to identify individuals based on their appearance, mannerisms, or other gender-related characteristics. The definition of gender identity, contained in H.R. 5, is not meant to be construed in a manner that would require employers to identify, stereotype or make assumptions about employees’ or job applicants’ gender identity. Rather the definition should be construed in a manner that allows an employee or job applicant to represent their gender identity to the employer, if necessary, in a manner that allows for a discussion without discrimination.”

The report further explains: “New Section 1101(a)(2) defined ‘gender identity’ to mean ‘the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.”

The House passed the bill by a vote of 224 to 206 with 2 members not voting.

No Democrats voted against the bill.

Three Republicans voted for it: Rep. Brian Fitzpatrick of Pennsylvania, Rep. John Katko of New York, and Rep. Tom Reed of New York.

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