United States 116th Congress Status: Passed House Bipartisan · 237 D · 4 R cosponsors

HR 5 — Equality Act

Last action — Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 116th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Equality Act This bill prohibits discrimination based on sex, sexual orientation, and gender identity in a wide variety of areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation. The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services. The bill allows the Department of Justice to intervene in equal protection actions in federal court on account of sexual orientation or gender identity. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits an individual from being 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.

Bill Text

What changed in the latest version

5 added · 1 removed

Plain-language change summary

The text indicates that H.R. 5 has been moved to the Senate where it has been received, read twice, and referred to the Committee on the Judiciary. This procedural change signifies that the bill is now being considered in a different chamber of Congress.

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5 Engrossed in House (EH)] <DOC> 116th CONGRESS 1st Session H.
5 Referred in Senate (RFS)] <DOC> 116th CONGRESS 1st Session H.
5 _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.
5 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 20, 2019 Received;
read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.
Clerk.
CHERYL L.
116th CONGRESS 1st Session H.
JOHNSON, Clerk.
R.
5 _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.
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Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, 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.

  4. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, 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.

  5. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, 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.

  6. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, 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.

  7. Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, 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.

  8. Committee Hearings Held.

  9. Committee Consideration and Mark-up Session Held.

  10. Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 10.

  11. Reported (Amended) by the Committee on Judiciary. H. Rept. 116-56, Part I.

  12. Reported (Amended) by the Committee on Judiciary. H. Rept. 116-56, Part I.

  13. Committee on Education and Labor discharged.

  14. Committee on Education and Labor discharged.

  15. Committee on Financial Services discharged.

  16. Committee on Financial Services discharged.

  17. Committee on Oversight and Reform discharged.

  18. Committee on Oversight and Reform discharged.

  19. Committee on House Administration discharged.

  20. Committee on House Administration discharged.

  21. Placed on the Union Calendar, Calendar No. 34.

  22. Rules Committee Resolution H. Res. 377 Reported to House. Rule provides for consideration of H.R. 5, H.R. 312 and H.R. 987. The resolution provides for 90 minutes of debate on H.R. 5, under a closed rule. Section 2 of the resolution provides for 60 minutes of debate on H.R. 312, under a closed rule and section 3 provides 90 minutes of debate on H.R. 987, under a structured rule.

  23. Considered under the provisions of rule H. Res. 377. (consideration: CR H3931-3950)

  24. Rule provides for consideration of H.R. 5, H.R. 312 and H.R. 987. The resolution provides for 90 minutes of debate on H.R. 5, under a closed rule. Section 2 of the resolution provides for 60 minutes of debate on H.R. 312, under a closed rule and section 3 provides 90 minutes of debate on H.R. 987, under a structured rule.

  25. DEBATE - The House proceeded with 90 minutes of debate on H.R. 5.

  26. The previous question was ordered pursuant to the rule.

  27. POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of Rule 19, the Chair postponed further proceedings on H.R. 5.

  28. Considered as unfinished business. (consideration: CR H3950-3953)

  29. Mr. Steube moved to recommit with instructions to the Committee on the Judiciary. (text: CR H3950)

  30. DEBATE - The House proceeded with 10 minutes of debate on the Steube motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a new section that 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.

  31. The previous question on the motion to recommit with instructions was ordered without objection.

  32. On motion to recommit with instructions Failed by recorded vote: 181 - 228 (Roll no. 216).

  33. Passed/agreed to in House: On passage Passed by recorded vote: 236 - 173 (Roll no. 217).(text: CR H3931-3934)

  34. On passage Passed by recorded vote: 236 - 173 (Roll no. 217). (text: CR H3931-3934)

  35. Motion to reconsider laid on the table Agreed to without objection.

  36. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 240 co-sponsors · 306 not signed on

Sponsors (1)

Co-sponsors (240)

Not signed on (306)

306 members have not signed on to this bill.

Show all 306 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 5 do?
Equality Act This bill prohibits discrimination based on sex, sexual orientation, and gender identity in a wide variety of areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system. Specifically, the bill defines and includes sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation. The bill expands the definition of public accommodations to include places or establishments that provide (1) exhibitions, recreation, exercise, amusement, gatherings, or displays; (2) goods, services, or programs; and (3) transportation services. The bill allows the Department of Justice to intervene in equal protection actions in federal court on account of sexual orientation or gender identity. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin shall include protections against discrimination based on (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits an individual from being 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.
Who sponsors HR 5?
HR 5 is sponsored by Fitzpatrick, Brian K. (Republican), Craig, Angie (Democratic), Davids, Sharice (Democratic), Hill, Katie (Democratic), Maloney, Sean Patrick (Democratic), Pappas, Chris (Democratic), Pocan, Mark (Democratic), Takano, Mark (Democratic), Adams, Alma S. (Democratic), Aguilar, Pete (Democratic), Allred, Colin Z. (Democratic), Axne, Cynthia (Democratic), Barragán, Nanette Diaz (Democratic), Bass, Karen (Democratic), Beatty, Joyce (Democratic), Bera, Ami (Democratic), Beyer, Donald S. (Democratic), Bishop, Sanford D. (Democratic), Blumenauer, Earl (Democratic), Blunt Rochester, Lisa (Democratic), Bonamici, Suzanne (Democratic), Boyle, Brendan F. (Democratic), Brindisi, Anthony (Democratic), Brown, Anthony G. (Democratic), Brownley, Julia (Democratic), Bustos, Cheri (Democratic), Butterfield, G. K. (Democratic), Carbajal, Salud O. (Democratic), Cárdenas, Tony (Democratic), Carson, André (Democratic), Cartwright, Matt (Democratic), Case, Ed (Democratic), Casten, Sean (Democratic), Castor, Kathy (Democratic), Castro, Joaquin (Democratic), Chu, Judy (Democratic), Cisneros, Gilbert Ray (Democratic), Clark, Katherine M. (Democratic), Clarke, Yvette D. (Democratic), Clay, Wm. Lacy (Democratic), Cleaver, Emanuel (Democratic), Clyburn, James E. (Democratic), Cohen, Steve (Democratic), Connolly, Gerald E. (Democratic), Cooper, Jim (Democratic), Correa, J. Luis (Democratic), Costa, Jim (Democratic), Courtney, Joe (Democratic), Cox, TJ (Democratic), Crist, Charlie (Democratic), Crow, Jason (Democratic), Cuellar, Henry (Democratic), Cummings, Elijah E. (Democratic), Cunningham, Joe (Democratic), Davis, Susan A. (Democratic), Davis, Danny K. (Democratic), Dean, Madeleine (Democratic), DeFazio, Peter A. (Democratic), DeGette, Diana (Democratic), DeLauro, Rosa L. (Democratic), DelBene, Suzan K. (Democratic), Delgado, Antonio (Democratic), Demings, Val Butler (Democratic), DeSaulnier, Mark (Democratic), Deutch, Theodore E. (Democratic), Dingell, Debbie (Democratic), Doggett, Lloyd (Democratic), Doyle, Michael F. (Democratic), Engel, Eliot L. (Democratic), Escobar, Veronica (Democratic), Eshoo, Anna G. (Democratic), Espaillat, Adriano (Democratic), Evans, Dwight (Democratic), Finkenauer, Abby (Democratic), Fletcher, Lizzie (Democratic), Foster, Bill (Democratic), Frankel, Lois (Democratic), Fudge, Marcia L. (Democratic), Gabbard, Tulsi (Democratic), Gallego, Ruben (Democratic), Garamendi, John (Democratic), Garcia, Sylvia R. (Democratic), García, Jesús G. "Chuy" (Democratic), Golden, Jared F. (Democratic), Gomez, Jimmy (Democratic), Gonzalez, Vicente (Democratic), Gottheimer, Josh (Democratic), Green, Al (Democratic), Grijalva, Raúl M. (Democratic), Haaland, Debra A. (Democratic), Harder, Josh (Democratic), Hastings, Alcee L. (Democratic), Hayes, Jahana (Democratic), Heck, Denny (Democratic), Higgins, Brian (Democratic), Himes, James A. (Democratic), Horn, Kendra S. (Democratic), Horsford, Steven (Democratic), Houlahan, Chrissy (Democratic), Hoyer, Steny H. (Democratic), Huffman, Jared (Democratic), Jackson Lee, Sheila (Democratic), Jayapal, Pramila (Democratic), Jeffries, Hakeem S. (Democratic), Johnson, Henry C. "Hank" (Democratic), Johnson, Eddie Bernice (Democratic), Kaptur, Marcy (Democratic), Katko, John (Republican), Keating, William R. (Democratic), Kelly, Robin L. (Democratic), Kennedy, Joseph P., III (Democratic), Khanna, Ro (Democratic), Kildee, Daniel T. (Democratic), Kilmer, Derek (Democratic), Kim, Andy (Democratic), Kind, Ron (Democratic), Kirkpatrick, Ann (Democratic), Krishnamoorthi, Raja (Democratic), Kuster, Ann M. (Democratic), Lamb, Conor (Democratic), Langevin, James R. (Democratic), Larsen, Rick (Democratic), Larson, John B. (Democratic), Lawrence, Brenda L. (Democratic), Lawson, Al, Jr. (Democratic), Lee, Barbara (Democratic), Lee, Susie (Democratic), Levin, Mike (Democratic), Levin, Andy (Democratic), Lewis, John (Democratic), Lieu, Ted (Democratic), Loebsack, David (Democratic), Lofgren, Zoe (Democratic), Lowenthal, Alan S. (Democratic), Lowey, Nita M. (Democratic), Luján, Ben Ray (Democratic), Luria, Elaine G. (Democratic), Lynch, Stephen F. (Democratic), Malinowski, Tom (Democratic), Maloney, Carolyn B. (Democratic), Matsui, Doris O. (Democratic), McAdams, Ben (Democratic), McBath, Lucy (Democratic), McCollum, Betty (Democratic), McEachin, A. Donald (Democratic), McGovern, James P. (Democratic), McNerney, Jerry (Democratic), Meeks, Gregory W. (Democratic), Meng, Grace (Democratic), Moore, Gwen (Democratic), Morelle, Joseph D. (Democratic), Moulton, Seth (Democratic), Mucarsel-Powell, Debbie (Democratic), Murphy, Stephanie N. (Democratic), Nadler, Jerrold (Democratic), Napolitano, Grace F. (Democratic), Neal, Richard E. (Democratic), Neguse, Joe (Democratic), Norcross, Donald (Democratic), Norton, Eleanor Holmes (Democratic), Ocasio-Cortez, Alexandria (Democratic), O'Halleran, Tom (Democratic), Omar, Ilhan (Democratic), Pallone, Frank (Democratic), Panetta, Jimmy (Democratic), Pascrell, Bill (Democratic), Payne, Donald M. (Democratic), Pelosi, Nancy (Democratic), Perlmutter, Ed (Democratic), Peters, Scott H. (Democratic), Peterson, Collin C. (Democratic), Phillips, Dean (Democratic), Pingree, Chellie (Democratic), Plaskett, Stacey E. (Democratic), Porter, Katie (Democratic), Pressley, Ayanna (Democratic), Price, David E. (Democratic), Quigley, Mike (Democratic), Raskin, Jamie (Democratic), Rice, Kathleen M. (Democratic), Richmond, Cedric L. (Democratic), Rose, Max (Democratic), Rouda, Harley (Democratic), Roybal-Allard, Lucille (Democratic), Ruiz, Raul (Democratic), Ruppersberger, C. A. Dutch (Democratic), Rush, Bobby L. (Democratic), Ryan, Tim (Democratic), Sablan, Gregorio Kilili Camacho (Democratic), San Nicolas, Michael F. Q. (Democratic), Sánchez, Linda T. (Democratic), Sarbanes, John P. (Democratic), Scanlon, Mary Gay (Democratic), Schakowsky, Janice D. (Democratic), Schiff, Adam B. (Democratic), Schneider, Bradley Scott (Democratic), Schrader, Kurt (Democratic), Schrier, Kim (Democratic), Scott, Robert C. "Bobby" (Democratic), Scott, David (Democratic), Serrano, Jose E. (Democratic), Sewell, Terri A. (Democratic), Shalala, Donna E. (Democratic), Sherman, Brad (Democratic), Sherrill, Mikie (Democratic), Sires, Albio (Democratic), Slotkin, Elissa (Democratic), Smith, Adam (Democratic), Soto, Darren (Democratic), Spanberger, Abigail Davis (Democratic), Speier, Jackie (Democratic), Stanton, Greg (Democratic), Stevens, Haley M. (Democratic), Suozzi, Thomas R. (Democratic), Swalwell, Eric (Democratic), Thompson, Bennie G. (Democratic), Thompson, Mike (Democratic), Titus, Dina (Democratic), Tlaib, Rashida (Democratic), Tonko, Paul (Democratic), Torres, Norma J. (Democratic), Torres Small, Xochitl (Democratic), Trahan, Lori (Democratic), Trone, David J. (Democratic), Underwood, Lauren (Democratic), Van Drew, Jefferson (Republican), Vargas, Juan (Democratic), Veasey, Marc A. (Democratic), Vela, Filemon (Democratic), Velázquez, Nydia M. (Democratic), Visclosky, Peter J. (Democratic), Wasserman Schultz, Debbie (Democratic), Waters, Maxine (Democratic), Watson Coleman, Bonnie (Democratic), Welch, Peter (Democratic), Wexton, Jennifer (Democratic), Wild, Susan (Democratic), Wilson, Frederica S. (Democratic), Yarmuth, John A. (Democratic), González-Colón, Jenniffer (Republican), and Cicilline, David N. (Democratic).
What is the current status of HR 5?
This bill died with 116th Congress. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5?
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