[Congressional Record Volume 165, Number 83 (Friday, May 17, 2019)]
[House]
[Pages H3950-H3953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EQUALITY ACT
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 5) to prohibit discrimination on the
basis of sex, gender identity, and sexual orientation, and for other
purposes, will now resume.
The Clerk read the title of the bill.
Motion to Recommit
Mr. STEUBE. Mr. Speaker, I have a motion to recommit at the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. STEUBE. I am in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Steube moves to recommit the bill H.R. 5 to the
Committee on the Judiciary with instructions to report the
same back to the House forthwith with the following
amendment:
Add at the end of the bill the following:
SEC. 13. RULE OF CONSTRUCTION.
Nothing in this Act or any amendment made by this Act may
be construed to diminish any protections under title IX of
the Education Amendments of 1972.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman is
recognized for 5 minutes in support of his motion.
Mr. STEUBE. Mr. Speaker, I want to make it abundantly clear exactly
what this motion to recommit does, so I am going to read it. It is very
short.
``Nothing in this act or any amendment made by this act may be
construed to diminish any protections under title IX of the Education
Amendments of 1972.''
The threat that this bill poses for women's sports at every level is
profound. As described by the Nation's leading expert on sports, sex,
and biology, Professor Doriane Lambelet Coleman, she states: ``There is
a significant performance difference between males and females. . . .
Testosterone is the primary driver of that difference. There is a wide
gap, no overlap, between the male and female testosterone ranges. . . .
There is no scientific doubt that testosterone is the reason that men
as a group perform better than women in sports. Indeed, this is why men
and women dope with androgens. . . .''
Requiring that biological females face competition from biological
males will mean the end of women's sports in any meaningful sense.
As tennis great Martina Navratilova has written in The Washington
Post: ``In its current form, the Equality Act would do significant
damage to title IX
[[Page H3951]]
and to the Amateur Sports Act, which governs sports outside of
educational settings. The new legislation would amend the 1964 Civil
Rights Act by redefining `sex' to include `gender identity.' Without an
exception, the definition would apply to all amendments to the 1964
act, including title IX. Most schools, colleges, the NCAA, and the
Olympic Committee would be affected because they receive Federal funds
and operate in interstate commerce.
``The legislation would make it unlawful to differentiate among girls
and women in sports on the basis of sex for any purpose. For example, a
sports team couldn't treat a transgender woman differently from a woman
who is not transgender on the grounds that the former is male-bodied.
Yet the reality is that putting male- and female-bodied athletes
together is co-ed or open sport. And in open sport, females lose.
``Some Equality Act advocates argue that this is hyperbole and
outdated stereotype. They say, as the ACLU has, that there is `ample
evidence that girls can compete and win against boys.' They are wrong.
The evidence is unequivocal that starting in puberty, in every sport
except sailing, shooting, and riding, there will always be significant
numbers of boys and men who would beat the best girls and women in
head-to-head competition. Claims to the contrary are simply a denial of
science.''
Those are not my words. Those are the words of female tennis great
Martina Navratilova.
In footnote 44 of the committee report on this bill, the Democrat
majority states: ``The committee acknowledges that the addition of sex
as a protected characteristic under title VI of the bill raises some
questions about how the revised title VI should be read in relation to
title IX of the Education Amendments Act. It is the committee's
intention not to alter in any way title IX or the scope or availability
of its exemptions as they currently stand. Rather, title IX and the
revised title VI should be read as being complimentary provisions that
provide overlapping protection against sex discrimination.''
But, of course, we all know that allowing biological males to compete
against biological females is not an ``overlapping protection.'' It is,
instead, a violation of women's rights to engage in competitive sports
on an even playing field and to enjoy the protection of their own
spaces reserved for biological females.
So this motion to recommit is essential to protecting the rights of
women and girls in sports that H.R. 5 currently denies.
Even the Obama administration wrote a letter to schools regarding
title IX enforcements making clear that they should continue to be able
to enforce policies that are ``tailored requirements based on sound,
current, and research-based medical knowledge about the impact of the
individual's participation on the competitive fairness or physical
safety of the sport.''
Adoption of this motion to recommit will not kill the bill. It will
not delay the bill's consideration. If this motion to recommit is
adopted, the bill proceeds directly to final passage.
If H.R. 5 becomes law, our daughters will be asking us: ``What did
you do when moves were made to eliminate women's sports?'' It is worth
considering that question now before it is too late.
I urge all my colleagues to join me in protecting title IX and
protecting women's sports and supporting this motion to recommit.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. HILL of California. Mr. Speaker, I rise to oppose the motion to
recommit with all of my heart.
The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Ms. HILL of California. Mr. Speaker, I can't believe that we are
standing here and having a man tell me what kind of protection I need
in sports. This is fear-mongering about trans women playing in sports.
Are you kidding me?
I don't know if my colleagues on the other side of the aisle realize
that they have met trans people, but they have. They definitely have. I
have met many, and this motion reflects nothing more than the prejudice
of my colleagues.
My staff has put together a lot of talking points for you today, but
it is much simpler than that. The Equality Act ensures that LGBTQ women
and girls who are lesbian, bisexual, or transgender will all have the
same opportunities as their peers in sports, in housing, and in jobs.
The discrimination that trans individuals face just trying to live
their lives every single day is something beyond what most of us could
ever imagine.
Through my work and the issue of homelessness, I saw trans women
disproportionately affected by discrimination at every single stage of
their lives. They have higher rates of poverty, higher rates of sexual
abuse, higher rates of homelessness.
And I can tell you, no trans person is trying to game the system to
participate in sports. That does not happen, and that is a sad scare
tactic that has no place on the floor of the people's House.
State schools and athletic organizations across the country have
found for many years that letting LGBTQ student athletes, including
girls and women who are transgender, participate in sports does not
harm women's and girls' sports in any way.
As an athlete, athletic success is based on so many factors, like
individual ability and strength, and those abilities vary widely for
people who aren't even trans. It has nothing to do with whether someone
is transgender or not. In fact, major advocates for women and girls in
sports, such as the National Women's Law Center, the Women's Sports
Foundation, Women's Leaders in College Sports, and others, support
trans-inclusive policies and oppose efforts to exclude transgender
people from participating in sports.
This is not a new concept. Trans people have participated in sports
for years. Stop the fear-mongering. This is 2019, and we are not afraid
of the boogieman that you are trying to create. We are ready to move
forward and tell all of our constituents, all of our communities, all
Americans that they matter equally.
You, my colleagues, are on the wrong side of history, and we will be
waiting for you on the other side when we reject this amendment and
pass H.R. 5.
Mr. Speaker, I yield to the gentleman from New Hampshire (Mr.
Pappas).
Mr. PAPPAS. Mr. Speaker, thank you to my colleague, Representative
Hill from California, my fellow co-chair of the Equality Caucus, as she
rightfully notes nothing--nothing--in the Equality Act infringes upon
women's rights. If it did, we wouldn't be supporting it so vociferously
today.
This MTR is an army of words marching in search of an issue that
doesn't exist. For those of us who have been involved in the fight for
equality, this tactic isn't new or surprising. We have seen it before.
We have seen the deliberate distractions, the unfounded fears, the
faulty arguments on our way toward progress.
This legislation simply gives LGBTQ individuals full equality--
nothing more and nothing less.
When we end legal discrimination in housing, employment, and public
services, we will steer our Nation closer to the full realization of
its founding principles and the notion that we are all created equal.
As a proud member of the LGBTQ community, I can attest that attitudes
in this country have changed for the better, and it is time that our
laws catch up. Congress can send a message to LGBTQ Americans
everywhere that we see you, that we celebrate you for who you are.
This vote will change laws, and it will save lives.
In passing the Equality Act today, we can say, unequivocally, that
everyone matters, that everyone can be themselves, that no one should
live in fear or be treated as a second-class citizen in the United
States of America, not today and not ever--full equality under the law,
nothing less and nothing more.
I urge my colleagues to vote ``no'' on this motion to recommit. I
welcome you to become a part of history. Join us on the right side of
history. Do the right thing today. Vote ``no'' on this MTR, and stand
for full equality for the LGBTQ community.
Ms. HILL of California. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
[[Page H3952]]
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. STEUBE. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 181,
noes 228, not voting 23, as follows:
[Roll No. 216]
AYES--181
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Diaz-Balart
Duncan
Dunn
Emmer
Estes
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Hurd (TX)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaMalfa
Lamborn
Latta
Lesko
Lipinski
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Spano
Stauber
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Upton
Wagner
Walberg
Walden
Walorski
Waltz
Watkins
Webster (FL)
Wenstrup
Williams
Wittman
Womack
Woodall
Wright
Yoho
Zeldin
NOES--228
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Richmond
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOT VOTING--23
Brady
Bucshon
Burchett
Clyburn
Dingell
Duffy
Johnson (LA)
Johnson (OH)
LaHood
Moulton
Pence
Peterson
Ratcliffe
Rose (NY)
Ryan
Smucker
Swalwell (CA)
Turner
Walker
Weber (TX)
Westerman
Wilson (SC)
Young
{time} 1204
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. COLLINS of Georgia. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This is a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 236,
noes 173, not voting 23, as follows:
[Roll No. 217]
AYES--236
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Boyle, Brendan F.
Brindisi
Brooks (IN)
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cummings
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Deutch
Diaz-Balart
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Hill (CA)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Hurd (TX)
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (CA)
Lee (NV)
Levin (CA)
Levin (MI)
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Moore
Morelle
Mucarsel-Powell
Murphy
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Pelosi
Perlmutter
Peters
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Rice (NY)
Richmond
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stefanik
Stevens
Suozzi
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOES--173
Abraham
Aderholt
Allen
Amash
Amodei
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (UT)
Bost
[[Page H3953]]
Brooks (AL)
Buchanan
Buck
Budd
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Cheney
Cline
Cloud
Cole
Collins (GA)
Collins (NY)
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
Davis, Rodney
DesJarlais
Duncan
Dunn
Emmer
Estes
Ferguson
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Gianforte
Gibbs
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green (TN)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Holding
Hollingsworth
Hudson
Huizenga
Hunter
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger
Kustoff (TN)
LaMalfa
Lamborn
Latta
Lesko
Long
Loudermilk
Lucas
Luetkemeyer
Marchant
Marshall
Massie
Mast
McCarthy
McCaul
McClintock
McHenry
McKinley
Meadows
Meuser
Miller
Mitchell
Moolenaar
Mooney (WV)
Mullin
Newhouse
Norman
Nunes
Olson
Palazzo
Palmer
Pence
Perry
Posey
Reschenthaler
Rice (SC)
Riggleman
Roby
Rodgers (WA)
Roe, David P.
Rogers (AL)
Rogers (KY)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Spano
Stauber
Steil
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Timmons
Tipton
Upton
Wagner
Walberg
Walorski
Waltz
Watkins
Webster (FL)
Wenstrup
Williams
Wittman
Womack
Woodall
Wright
Yoho
Zeldin
NOT VOTING--23
Brady
Bucshon
Burchett
Clyburn
Dingell
Duffy
Johnson (LA)
Johnson (OH)
LaHood
Moulton
Peterson
Ratcliffe
Rose (NY)
Ryan
Smucker
Steube
Swalwell (CA)
Turner
Walker
Weber (TX)
Westerman
Wilson (SC)
Young
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). The Chair will remind all
persons in the gallery that they are here as guests of the House and
that any manifestation of approval or disapproval of proceedings is in
violation of the rules of the House.
{time} 1212
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. WESTERMAN. Mr. Speaker, due to my only daughter, Amie Westerman,
having her wedding rehearsal dinner on Friday, May 17, 2019, I will not
be present for the vote on H.R. 5, The Equality Act. Had I been present
for the vote, I would have recorded a Nay vote.
personal explanation
Mr. ROSE of New York. Mr. Speaker, due to a death in my family, I had
to miss votes on Thursday, May 16 and Friday, May 17.
Had I been present, I would have voted: ``nay'' on rollcall No. 210,
McKinley Amendment No. 2 to H.R. 987; ``yea'' on rollcall No. 211
Harder Amendment No. 6 to H.r. 987; ``yea'' on rollcall No. 212 Wexton
Amendment No. 21 to H.R. 987; ``nay'' on rollcall No. 213 Motion to
Recommit for H.R. 987; ``yea'' on rollcall No. 214 Final Passage for
H.R. 987; ``nay'' on rollcall No. 216 Motion to Recommit for H.R. 5;
and ``yea'' on rollcall No. 217 Final Passage for H.R. 5.
personal explanation
Mr. BUCSHON. Mr. Speaker, I was unavoidably detained on May 17, 2019,
in order to deliver the Commencement Address at the Concordia Seminary
in Saint Louis, Missouri. Had I been present, I would have voted
``yea'' on rollcall No. 215, ``yea'' on rollcall No. 216, and ``nay''
on rollcall No. 217.
personal explanation
Mr. JOHNSON of Ohio. Mr. Speaker, I was absent during this morning's
vote on final passage of H.R. 5 due to travel for an unavoidable
medical appointment back in Ohio. Had I been present for this vote on
H.R. 5, I would have voted ``nay'' on rollcall No. 215, ``yea'' on
rollcall No. 216, and ``nay'' on rollcall No. 217.
____________________