Equality Act

Floor Speech

Date: Feb. 25, 2021
Location: Washington, DC

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Mrs. SPARTZ. Madam Speaker, I rise today in opposition to H.R. 5, the so-called Equality Act.

Unfortunately, this is another bill which did not go through the committee process or real debate.

The Judiciary Committee should have had an opportunity to consider H.R. 5 in a legislative hearing. Sadly, this is the first time we are debating, just hours before it is set to receive a vote, with no ability to propose any amendments. I am not sure why we even bother to have committees if we are passing significant legislation without them.

I would just like to highlight three major concerns.

Concern number one: Broad scope. And I agree with the gentleman from New York, there are some protections that already exist. Last year, the issue of possible employment discrimination of gay and transgender individuals was addressed by the Supreme Court in an opinion written by Justice Gorsuch. But this bill has very sweeping changes with potential major adverse implications for religious freedoms and women's rights and safety.

Concern number two: Broad and ambiguous definition of gender identity. This language can have unintended consequences and be taken advantage of by criminals or sexual predators. Also, the safety of women in prisons, juvenile detention facilities, and domestic violence shelters could be put at risk, which would force them to share traditionally women-only spaces with biological men, even if a biological male fraudulently gains access.

Concern number three: Opportunities and safety for female athletes. The science is clear, men are biologically stronger than women.

According to a 2019 Duke University study that involved dozens of specialists in sports science and medicine: ``Biological males and biological females are materially different with respect to main physical attributes that contribute to elite athletic performance.''

The Women's Sports Policy Working Group--a group of champion female athletes and academics--has stated that even when height, size, and weight are equal, males are incrementally stronger and generate more explosive force so that if males and females are forced to compete against each other, the physical safety of females is differently at risk.

The reality has already shown itself to be harmful to the opportunities and safety of female athletes. For example, a female track athlete in Connecticut lost potential scholarships after being pushed out of qualifying for regional track meet spots by two transgender athletes. A transgender MMA fighter caused significant damage to a female athlete's skull.

These examples demonstrate the far-reaching consequences this bill can have on women and girls, should it become law.

American women have worked very hard to secure our rights for many years, and just last year we celebrated 100 years of women's suffrage. But this is a giant step back. Perhaps if this body had actually deliberated over this bill and engaged the proper legislative process, these concerns could have been addressed.

A vote for the Equality Act in its current form is a vote against religious freedom, against women, against female athletes, against incarcerated women, and against science and safety. A vote ``yes'' on this bill is a vote against our daughters.

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