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.

HCR5

HOUSE OF REPRESENTATIVES

H.C.R. NO.

5

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

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
.

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

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

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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

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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

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

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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

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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

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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

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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

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

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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

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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

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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.

OFFERED BY:

_____________________________

Report Title:
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Federal
Equality Act; Sex, sexual orientation, and gender identity