To amend the Civil Rights Act of 1964 and the Fair Housing Act to prohibit discrimination on the basis of affectional or sexual orientation, and for other purposes.

January 6, 2005

Mr. TOWNS introduced the following bill; which was referred to the Committee on the Judiciary, 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

To amend the Civil Rights Act of 1964 and the Fair Housing Act to prohibit discrimination on the basis of affectional or sexual orientation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Civil Rights Amendments Act of 2005'.

SEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964.

(a) Public Accommodations- (1) Section 201(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(a)) is amended by striking `religion,' and inserting `religion, affectional or sexual orientation,'.

(2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by striking `religion,' and inserting `religion, affectional or sexual orientation.'.

(b) Public Facilities- Section 301(a) of such Act (42 U.S.C. 2000b(a)) is amended by striking `religion,' and inserting `religion, affectional or sexual orientation,'.

(c) Federally Assisted Programs- Section 601 of such Act (42 U.S.C. 2000d) is amended by striking `color,' and inserting `color, affectional or sexual orientation,'.

(d) Equal Employment Opportunities- (1) Sections 703(a), 703(b), 703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of such Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d), 2000e-(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e-16(a)) are amended by striking `sex,' each place it appears and inserting `sex, affectional or sexual orientation,'.

(2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended by striking `sex' and inserting `sex, affectional or sexual orientation,'.

(3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by striking `sex' the first place it appears and inserting `sex, affectional or sexual orientation,'.

(4) The heading of section 703 of such Act is amended by striking `sex,' and inserting `sex, affectional or sexual orientation,'.

(e) Intervention by Attorney General in Civil Rights Cases- Section 902 of such Act (42 U.S.C. 2000h-2) is amended by striking `sex' and inserting `sex, affectional or sexual orientation,'.

(f) Definition; Rules of Interpretation- Title XI of such Act (42 U.S.C. 2000h et seq.) is amended by adding at the end the following new section:

`AFFECTIONAL OR SEXUAL ORIENTATION

`SEC. 1107. (a) Definition- For purposes of titles II, III, VI, VII, and IX of this Act, the term `affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults.

`(c) Rules of Interpretation- (1) Nothing in this Act shall be construed to permit or require--

`(A) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or

`(B) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation.

`(2) Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.'.

SEC. 3. AMENDMENTS TO FAIR HOUSING ACT.

(a) Housing Sale and Rental, Residential Real-Estate-Related Transactions, and Brokerage Services- (1) Section 804 of the Civil Rights Act of 1968 (42 U.S.C. 3604) is amended by striking `religion,' each place it appears and inserting `religion, affectional and sexual orientation (as such term is defined in section 802(p)),'.

(2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking `religion,' each place it appears and inserting `religion, affectional or sexual orientation (as such term is defined in section 802(p)),'.

(3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking `religion,' and inserting `religion, affectional or sexual orientation (as such term is defined in section 802(p)),'.

(b) Prevention of Intimidation- Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by striking `religion,' each place it appears and inserting `religion, affectional or sexual orientation (as such term is defined in section 802(p)),'.

(c) Definition- Section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602) is amended by adding at the end the following new subsection:

`(p) `Affectional or sexual orientation' means male or female homosexuality, heterosexuality, and bisexuality by orientation or practice, by and between consenting adults.'.

(d) Rules of Interpretation- (1) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end the following new section:

`RULES OF INTERPRETATION REGARDING AFFECTIONAL OR SEXUAL ORIENTATION

`SEC. 821. (a) Findings of Discrimination; Quotas- Nothing in this Act shall be construed to permit or require--

`(1) that a finding of discrimination on the basis of affectional or sexual orientation be based on any statistical differences in the incidence of persons of a particular affectional or sexual orientation in the general population as opposed to the incidence of such persons in the activity concerned; or

`(2) the use of any quota as a remedy for discrimination on the basis of affectional or sexual orientation.

`(b) Protection of Privacy Rights- Nothing in this Act shall be construed to require any person to disclose a personal affectional or sexual orientation.'.

(2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by adding at the end the following new section:

`APPLICATION OF RULES OF INTERPRETATION REGARDING AFFECTIONAL OR SEXUAL ORIENTATION

`SEC. 902. The provisions of this title are subject to the rules of interpretation described in section 821 of this Act.'.

END