[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 815 Introduced in House (IH)]

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118th CONGRESS
  1st Session
H. RES. 815

    Expressing support for the recognition of October 26, 2023, as 
  ``Intersex Awareness Day'', and supporting the goals and ideals of 
                        Intersex Awareness Day.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2023

  Ms. Balint (for herself, Mr. Pocan, Ms. Bonamici, Ms. Crockett, Ms. 
 Davids of Kansas, Mr. Robert Garcia of California, Mr. Grijalva, Ms. 
 Jacobs, Ms. Jayapal, Ms. Lee of Pennsylvania, Mr. Mullin, Ms. Norton, 
  Mr. Peters, Mr. Takano, Ms. Sanchez, Mr. Schiff, Mr. Torres of New 
   York, Mrs. Watson Coleman, and Mr. Frost) submitted the following 
resolution; which was referred to the Committee on Energy and Commerce, 
and in addition to the Committee on Education and the Workforce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                               RESOLUTION


 
    Expressing support for the recognition of October 26, 2023, as 
  ``Intersex Awareness Day'', and supporting the goals and ideals of 
                        Intersex Awareness Day.

Whereas Intersex Awareness Day honors the first public demonstration by intersex 
        people in the United States, which took place at the annual conference 
        of the American Academy of Pediatrics on October 26, 1996;
Whereas, since that historic demonstration in 1996, October 26 has become a day 
        during which intersex people and allies come together to celebrate and 
        uplift the intersex community;
Whereas ``intersex'' refers to individuals with innate variations in their 
        physical sex characteristics, including external anatomy, reproductive 
        organs, hormonal function, and/or chromosomal patterns;
Whereas the most widely cited estimate of the frequency of intersex traits in 
        the population is 1.7 percent, yet the true prevalence is likely higher;
Whereas health equity for intersex people is undermined by patterns of 
        stigmatization and discrimination on the basis of variations in sex 
        characteristics, intersex status, and perceived gender nonconformity;
Whereas babies and children with variations in their sex characteristics are 
        often subjected, without their own informed consent or assent, to 
        irreversible surgeries and other interventions to make their bodies 
        conform to stereotypical expectations of what it means to appear, behave 
        as, or be male or female;
Whereas instances in which variations in sex characteristics necessitate surgery 
        on an urgent basis in infancy or early childhood are exceedingly rare, 
        and decisions about such surgeries could therefore be safely postponed 
        in the vast majority of cases until such time as an indication of 
        medical necessity may arise;
Whereas there is evidence that performing these irreversible surgeries in the 
        absence of individual consent can result in severe lasting physical and 
        psychological harm including loss of bodily function, the destruction of 
        reproductive capacity, and the imposition of a sex assignment with which 
        the individual will not identify;
Whereas three former Surgeons General of the United States have agreed that 
        early, nonconsensual surgeries on intersex children can cause ``severe 
        and irreversible physical harm and emotional distress'' and ``violate an 
        individual's right to personal autonomy over their own future'', 
        ``clearly infring[ing] on the child's right to physical integrity, 
        preservation of sexual and gender identity, and procreative freedom'';
Whereas the Department of State has commemorated Intersex Awareness Day by 
        recognizing the harm of these surgeries, stating that ``at a young age, 
        intersex persons routinely face forced medical surgeries without free or 
        informed consent. These interventions jeopardize their physical 
        integrity and ability to live freely'';
Whereas the American Academy of Family Physicians (AAFP) ``opposes medically-
        unnecessary genital surgeries performed on intersex children'' and 
        states that ``Genital surgeries should only be recommended as medically 
        necessary for intersex infants and children for the purpose of resolving 
        significant functional impairment or reducing imminent and substantial 
        risk of developing a health- or life-threatening condition'';
Whereas the World Professional Association for Transgender Health, in its 
        Standards of Care Version 8, recommends that providers treating intersex 
        children delay ``genital surgery, gonadal surgery, or both, so as to 
        optimize the children's self-determination and ability to participate in 
        the decision based on informed consent.'';
Whereas the American Bar Association in a 2023 resolution took a position 
        ``Oppos[ing] all . . . policy that attempts to impose medical or 
        surgical intervention on minors with intersex traits (also known as 
        variations in sex characteristics) without the minor's informed consent 
        or assent, and urg[ing] licensed professionals not to conduct or propose 
        medical or surgical intervention on minors with intersex traits until 
        the minor requests the proposed care, understands the impact of the 
        proposed care as well as alternatives, is provided with affirming 
        psychosocial supports, and gives informed consent or assent, except when 
        immediate life-threatening circumstances require emergency 
        intervention'';
Whereas medical practices should respect the human rights and bodily autonomy of 
        all people, and government institutions should implement policies that 
        protect and support intersex people;
Whereas the Presidential Memorandum of February 4, 2021, on ``Advancing the 
        Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex 
        Persons Around the World'' makes it ``the policy of the United States to 
        pursue an end to violence and discrimination on the basis of sexual 
        orientation, gender identity or expression, or sex characteristics'';
Whereas President Biden convened the first White House Roundtable on intersex 
        issues on October 26, 2021, in celebration of Intersex Awareness Day, 
        declaring that the Administration ``is committed to advancing justice, 
        opportunity, and safety for intersex Americans'';
Whereas Executive Order 14075 of June 15, 2022, states that it is the policy of 
        the United States Government ``to combat unlawful discrimination and 
        eliminate disparities'' affecting ``lesbian, gay, bisexual, transgender, 
        queer, and intersex (LGBTQI+) Americans,'' including discrimination on 
        the basis of sex characteristics, and directs Federal agencies to 
        ``advance the responsible and effective collection and use of data on 
        sexual orientation, gender identity, and sex characteristics'';
Whereas the House of Representatives has voted twice to explicitly codify 
        nondiscrimination protections for people with intersex variations in its 
        passage of the Equality Act, and various Federal agencies, including the 
        Department of Justice, have recognized that, consistent with the legal 
        reasoning of Bostock v. Clayton County, discrimination on the basis of a 
        person's sex characteristics is prohibited sex discrimination; and
Whereas intersex people are an important part of the diversity of our Nation to 
        be celebrated and should be afforded respect, dignity, and the universal 
        human right to bodily autonomy: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideals of Intersex Awareness 
        Day;
            (2) encourages the Federal Government, States, localities, 
        nonprofit organizations, schools, and community organizations 
        to observe the day with appropriate programs and activities, 
        with the goal of increasing public knowledge of the intersex 
        community and empowering individuals to celebrate and respect 
        their diversity;
            (3) encourages health care providers to offer culturally 
        and clinically competent care to the intersex community, and 
        schools to support education regarding the intersex community, 
        and connect individuals to resources for young people with 
        intersex variations and their families; and
            (4) encourages the Federal Government, States, 
        international funding organizations, and United States 
        bilateral and multilateral aid efforts to prioritize the health 
        and human rights of intersex people.
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