H.Res. 1552

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1552 Introduced in House (IH)]

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118th CONGRESS
2d Session
H. RES. 1552

Expressing support for the recognition of October 26, 2024, as Intersex 
Awareness Day, and supporting the goals and ideals of Intersex 
Awareness Day.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 25, 2024

Ms. Balint (for herself, Mr. Pocan, Ms. Bonamici, Ms. Crockett, Ms. 
Davids of Kansas, Mr. Evans, Mrs. Foushee, Mr. Frost, Ms. Garcia of 
Texas, Mr. Grijalva, Ms. Jacobs, Ms. Lee of California, Mr. Mullin, Ms. 
Norton, Mr. Peters, Mrs. Ramirez, Ms. Sanchez, Mr. Torres of New York, 
Mr. Takano, Ms. Tlaib, and Mrs. Watson Coleman) 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, 2024, 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, 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 3 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, directs Federal agencies to ``advance 
the responsible and effective collection and use of data on sexual 
orientation, gender identity, and sex characteristics'', and directs the 
Department of Health and Human Services to ``develop and issue a report, 
within 1 year of the date of this order, and after consultation with 
medical experts, medical associations, and individuals with lived 
expertise, on promising practices for advancing health equity for 
intersex individuals'';
Whereas, in spring 2024, the Biden-Harris administration released their final 
rules on ``Nondiscrimination in Health Programs and Activities'' and 
``Nondiscrimination on the Basis of Sex in Education Programs or 
Activities Receiving Federal Financial Assistance'', explicitly 
clarifying that section 1557 of the Affordable Care Act and title IX of 
the Education Amendments of 1972, respectively, prohibit discrimination 
on the basis of sex characteristics (including intersex traits);
Whereas, on April 4, 2024, the United Nations Human Rights Council adopted a 
landmark resolution entitled ``Combating discrimination, violence and 
harmful practices against intersex persons'' with 24 countries, 
including the United States, voting in favor;
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 the 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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