A resolution recognizing that it is the duty of the Federal Government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security.
Sponsored By: Senator Markey, Edward J. [D-MA]
Introduced
Summary
A comprehensive Transgender Bill of Rights would set federal standards to protect transgender and nonbinary people across health care, education, employment, housing, and identity documents. It aims to protect about 1.6 million transgender adults from discrimination in daily life.
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- Families and youth would keep access to gender-affirming care and counseling. The bill would bar removing children from their homes for seeking such care and ban nonconsensual intersex surgeries and conversion practices.
- Patients and providers would get explicit nondiscrimination protections in health care and expanded telehealth access. The framework seeks legal safeguards for providers, codifies reproductive health rights, and calls to restore the NIH Sexual & Gender Minority Research Office.
- Workers, renters, borrowers, and people using federal programs would gain clearer protections. The resolution would amend Title VII, the Fair Housing Act, and the Equal Credit Opportunity Act to cover gender identity and sex characteristics, ease federal ID changes including an 'X' marker, improve asylum and detention practices, review military discharges, and seek TRICARE and VA coverage for gender-affirming care.
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 10 benefits, 0 costs, 0 mixed.
Stronger school protections for students
If adopted, the resolution would extend federal sex-discrimination protections to cover gender identity and sex characteristics in schools that get federal funds. Students would be able to participate in classes, sports, bathrooms, and other activities without discrimination or harassment. These protections would apply to schools that receive federal money.
Ban discrimination in jobs, housing, credit
If adopted, the resolution would amend federal civil-rights laws to bar discrimination based on gender identity and sex characteristics in employment, housing, credit, and public accommodations. It would broaden what counts as a public accommodation and say religious claims do not permit sex-based discrimination in these settings. Employers, landlords, and lenders would be subject to these protections.
Protect transgender health providers and patients
If adopted, the resolution would reaffirm that health care cannot discriminate based on gender identity or sex characteristics. It would protect providers who follow recognized standards from criminal or civil penalties and wrongful fraud accusations. It would ban conversion practices and nonconsensual surgeries on intersex infants and children and would call for protections against threats and violence toward gender-affirming care providers.
TRICARE and VA cover gender care
If adopted, the resolution would remove limits that stop TRICARE and the Department of Veterans Affairs from paying for gender-affirming medical care. TRICARE and VA would be required to cover gender-affirming health care for eligible patients and dependents. The resolution would also affirm that transgender and nonbinary servicemembers may continue to serve openly.
More transgender health services and data
If adopted, the resolution would fund programs to recruit and train more health workers who can provide appropriate care for transgender and nonbinary patients. It would expand telehealth so people in rural and underserved areas can access care. It would fund community mental-health and suicide-prevention programs and reopen an NIH office to coordinate sexual and gender minority research. It would also ask agencies to collect voluntary, confidential gender-identity data for public-health research.
Easier federal IDs and jury rights
If adopted, the resolution would require federal IDs with a gender field to offer an 'X' marker and reduce unnecessary gender-ID rules. It would make it easier to update names and sex markers on passports and Social Security records, allowing self-attestation where possible. It would also require same-day voter registration updates for name and gender in federal elections and clarify that jury-service rules banning sex discrimination cover gender identity and sex characteristics.
DOJ civil-rights liaison for transgender people
If adopted, the resolution would ask the Attorney General to designate a Civil Rights Division liaison focused on transgender and nonbinary rights. It would call for appropriations to staff and support enforcement of those rights across federal agencies. The liaison would coordinate federal civil-rights enforcement and advise agencies.
Prevent child removal for gender support
If adopted, the resolution would limit government removal of children from supportive homes when removal is motivated by a child's or family's gender-related support decisions. Child-welfare agencies would be restricted from removing children for that reason, helping families stay together.
Reduce anti-trans bias in immigration
If adopted, the resolution would require culturally competent training for immigration adjudicators and bar using gender identity or sex characteristics to a person's detriment in immigration proceedings. It would direct development of procedures and regulations to protect asylum claims based on persecution tied to gender, sexual orientation, gender identity, or sex characteristics.
Safer custody housing for transgender people
If adopted, the resolution would require individualized housing decisions for transgender and nonbinary people in jails, prisons, and immigration detention based on safety needs. It would require qualified caseworker reviews and consider the person's own safety assessment. It would ban involuntary solitary confinement based on gender identity and require access to gender-affirming care and appropriate services in custody.
Sponsors & CoSponsors
Sponsor
Markey, Edward J. [D-MA]
MA • D
Cosponsors
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 2/11/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 2/11/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 2/11/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 2/11/2026
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 2/11/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 2/11/2026
Sen. Sanders, Bernard [I-VT]
VT • I
Sponsored 2/11/2026
Peter Welch
VT • D
Sponsored 2/11/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 4/14/2026
Roll Call Votes
No roll call votes available for this bill.
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