HCR 5: REQUESTING THE UNITED STATES CONGRESS TO pass LEGISLATION TO AMEND THE CIVIL RIGHTS ACT OF 1964 TO PROHIBIT DISCRIMINATION ON THE BASIS OF SEX, SEXUAL ORIENTATION, AND GENDER IDENTITY IN EMPLOYMENT, HOUSING, PUBLIC ACCOMMODATIONS, EDUCATION, FEDERALLY FUNDED PROGRAMS, CREDIT, AND JURY SERVICE.

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE UNITED STATES CONGRESS TO pass LEGISLATION TO AMEND THE CIVIL RIGHTS ACT OF 1964 TO PROHIBIT DISCRIMINATION ON THE BASIS OF SEX, SEXUAL ORIENTATION, AND GENDER IDENTITY IN EMPLOYMENT, HOUSING, PUBLIC ACCOMMODATIONS, EDUCATION, FEDERALLY FUNDED PROGRAMS, CREDIT, AND JURY SERVICE.

     WHEREAS, sexual and gender minorities have been criminalized, marginalized, and subject to discrimination over the course of United States history; and

     WHEREAS, prior to Western contact, Native Hawaiian society accepted same-sex relationships and gender fluidity and recognized māhū as a distinct third gender; and

     WHEREAS, Hawaii law currently provides protection to individuals on the basis of sexual orientation, gender identity, and gender expression in the context of housing, public accommodations, and employment; and

     WHEREAS, these protections were enacted over time, with the most recent law (Act 40, Session Laws of Hawaii 2022) prohibiting juror exclusion on the basis of gender identity or expression; and

     WHEREAS, many sexual and gender minorities across the United States are not protected under the laws of the states in which they reside; and

     WHEREAS, federal law still does not prohibit discrimination against sexual and gender minorities in a variety of contexts, including public accommodations and facilities, education, federally funded programs, employment, housing, credit, and jury service; and

     WHEREAS, prior versions of the federal Equality Act have been introduced since 1974, with the United States House of Representatives passing H.R. 5 in 2019 and 2021; and

     WHEREAS, the current United States House of Representatives' version of the federal Equality Act, H.R. 15, is sponsored by Representative Mark Takano of California and co-sponsored by two hundred fifteen members, including Representatives Ed Case and Jill Tokuda of Hawaii; and

     WHEREAS, the current United States Senate version of the federal Equality Act, S. 1503, is sponsored by Senators Jeff Merkeley of Oregon, Tammy Baldwin of Wisconsin, and Cory Booker of New Jersey and co-sponsored by forty-six members, including Senators Mazie Hirono and Brian Schatz of Hawaii; and

     WHEREAS, according to the Human Rights Campaign, over six hundred organizations have publicly endorsed the federal Equality Act; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that this body hereby requests the United States Congress to pass legislation to amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex, sexual orientation, and gender identity in employment, housing, public accommodations, education, federally funded programs, credit, and jury service; and

     BE IT FURTHER RESOLVED that this body respectfully requests that the full and complete text of this Concurrent Resolution be printed in the Congressional Record; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to President of the United States, Vice President of the United States, President Pro Tempore of the United States Senate, Speaker of the United States House of Representatives, Majority Leaders and Minority Leaders of the United States Senate and United States House of Representatives, and members of Hawaii's Congressional delegation.

Report Title: 

Federal Equality Act; Sex, sexual orientation, and gender identity