US Congress vote to make gender identity a protected class

[USAfriend123]

It’s been put into the infrastructure spending bill and 13 house Republicans have voted for it.

Just seen it on my news app “Republicans Bail Out Biden and Pelosi to Pass $1.2 Trillion Infrastructure Bill”.

The bill will now become law once President Biden signs it.

Have they defined it?

Is it the H.R.3684 - Infrastructure Investment and Jobs Act?

(a) Nondiscrimination.--
(1) In general.--No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this title.

Gender identity is defined in section 249(c) of title 18, United States Code:

(4) the term “gender identity” means actual or perceived gender-related characteristics

As I read it, any of the infrastructure built or services provided using the $1.2Tn must be open to those presenting as the relevant "gender". It might be broader than that.

That doesn't seem unreasonable.

It does mean that if any changing rooms are built as part of a facility, they can't be single sex.

How can they protect under in law what cannot be defined?

(4) the term “gender identity” means actual or perceived gender-related characteristics

This is as clear as mud. Whose perception is it refering to and have they also defined gender? I see sex is included separately so the two are not being used interchangeably.

Xpost, I meant the act itself is reasonable. The issue perhaps is if there is no defined set of exceptions as we have in the U.K. EA.
But if there's no sex exeptions anyway then 'gender identity' isn't problematic.

(4) the term “gender identity” means actual or perceived gender-related characteristics

So what happens when a bearded male in jeans and hoody from the menswear department declares that their gender identity is as a woman? The people around them perceive exclusively masculine-related characteristics. What if this bearded male is wearing a dress over y-fronts? Which perceived characteristics count?

Gender laws are bad laws.

The Americans have already done this with their Equality Act, (including gender identity and sex) so I presume it will be par for the course wording in all US acts as of now?

Things are going to get so batshit bonkers there now, as everyone desperately tries to work out how on earth the law is going to be able to protect people on the basis of both sex and perceived gender identity simultaneously, and wth gender identity actually is.

"Perceived gender related characteristics' ok so pronouns then yeah?

AFAIK Each state can basically create their own laws though.

How can they protect in law a characteristic that can be opted in and out of at will? It's pure farce.

For the bearded male in jeans and hoody I'd imagine a relevant perceived gender-related characteristic would be another person hearing a declaration of a gender identity by the bearded male.

AFAIK Each state can basically create their own laws though.

As I understand it, a federal act like the Infrastructure Investment and Jobs Act will override state laws.

How can they protect in law a characteristic that can be opted in and out of at will? It's pure farce.

That's similar to the EA 2010 though - obviously people can't be discriminated against for their belief that they're a woman or non-binary, etc, even if their belief doesn't reflect reality.

I haven't read the bill, but it doesn't sound like it's saying that people who believe they're women are women - it just sounds like trans people are protected from discrimination just like anyone else.