118 S2797 IS: Protecting Conscience in Our Health Care Act
U.S. Senate
2023-09-13
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II
118th CONGRESS
1st Session
S. 2797
IN THE SENATE OF THE UNITED STATES
September 13, 2023
Mr. Rubio (for himself, Mr. Vance, Mr. Tillis, and Mrs. Hyde-Smith) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To ensure religious freedom and rights of conscience for health care workers and other government employees, and to protect health care workers and other government employees from various forms of compelled speech.
1.

Short title
This Act may be cited as the “Protecting Conscience in Our Health Care Act”.
2.

Definitions
In this Act:
(1)

Covered entity
The term covered entity means a hospital, health clinic, medical organization, or other health care entity, using Federal funds to implement a program or activity, or a related policy.
(2)

Federal funds
The term Federal funds includes direct and indirect Federal financial assistance.
(3)

Program or activity
The term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1965 (20 U.S.C. 2000d–4a).
(4)

Sex
Except as provided in section 3(a)(6), the term sex—
(A)
means the biological indication of male and female in the context of natural reproductive potential or capacity, such as genes or sex chromosomes, gonads, and nonambiguous internal and external genitalia present at or before birth; and
(B)
does not include an individual’s psychological, chosen, or subjective experience.
(5)

State government or agency
The term State, used with respect to a government or agency, means a government or agency, respectively, using Federal funds to implement a program or activity, or a related policy.
3.

Federal funds limitation to protect against compelled speech and action
(a)

Prohibition on compelled speech and action
No Federal or State government or agency, or covered entity shall—
(1)
require an employee to participate in a seminar, workshop, training, or other educational or professional activity, or in using a curriculum, that advocates for the idea that an individual can have an identity that is incongruent with their sex;
(2)
require an employee to attend or participate in an event or activity affirming, celebrating, or supporting an identity that is incongruent with an individual’s sex;
(3)
require, as a condition of employment or good standing with the government, agency, or entity involved, that an employee pledge or otherwise commit to support or condone an identity that is incongruent with an individual’s sex through verbal affirmation, written recognition, or any physical exercise;
(4)
require, as a condition of employment or good standing with the government, agency, or entity involved, that an employee sign a statement of commitment to a particular belief or form of social action that supports, condones, or advances the idea that an individual can have an identity that is incongruent with their sex;
(5)
require, as a condition of employment or good standing with the government, agency, or entity involved, that an employee wear apparel or an accessory that supports or condones an identity that is incongruent with an individual’s sex;
(6)
require an employee to affirm and use preferred pronouns of another, including a medical patient, without regard for whether those pronouns conflict with the employee’s religious or moral beliefs, or the employee’s understanding of the relationship between sex and identity;
(7)
require an employee to share the employee’s preferred pronouns upon meeting or interacting with another individual or patient, or to include preferred pronouns on or in a name tag, email signature, business card, or other regular means of communication; or
(8)
terminate an employee’s employment because, based on their religious or moral beliefs, the employee refuses to support, condone, or acknowledge someone’s professed identity that is incongruent with sex, including refusing to carry out any activity that a Federal or State government or agency, or covered entity may not require under any of paragraphs (1) through (7).
(b)

Prohibition on retaliation
It shall be unlawful for a Federal or State government or agency, or covered entity to intimidate, threaten, coerce, or discriminate against any individual because the individual has made a complaint, testified, assisted, or participated in any manner in a civil action under section 4.
(c)

Remedy
The remedies, procedures, and rights set forth in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) shall be available to—
(1)
any person aggrieved by any violation of subsection (a) by a State government or agency, or covered entity; and
(2)
any person aggrieved by any violation of subsection (b) by a Federal or State government or agency, or covered entity,
with respect to the amount of Federal financial assistance expended for the period of the violation.
4.

Private right of action for affected individuals
(a)

In general
Any individual employed by a Federal or State government or agency, or covered entity may bring a civil action in an appropriate district court of the United States against the government, agency, or entity involved for a violation of section 3(a).
(b)

Remedy
In the case that the individual described in subsection (a) demonstrates such a violation, the individual shall be entitled to—
(1)
declaratory and injunctive relief; and
(2)
reasonable attorney’s fees, and costs of the action, that the court determines are appropriate to award to a prevailing plaintiff.