§2.Public accommodations
This section revises Title II of the Civil Rights Act of 1964, which prohibits discrimination or segregation in public accommodations (i.e., certain businesses and facilities affecting commerce, such as hotels, restaurants, and theaters), to also prohibit such discrimination on the basis of sex (including sexual orientation and gender identity), in addition to race, color, religion, and national origin. It expands the covered establishments beyond current theaters, stadiums, and similar venues to include (1) any establishment providing a good, service, or program (e.g., stores, shopping centers, online retailers or service providers, salons, banks, gas stations, food banks, service or care centers, shelters, travel agencies, funeral parlors, or providers of health care, accounting, or legal services); and (2) any transportation service provider (e.g., trains, buses, cars, taxis, airlines, stations, or depots). The section adds definitions clarifying that prohibited bases include discrimination based on association with or perceived characteristics of protected individuals; defines gender identity as an individual's gender-related identity, appearance, mannerisms, or characteristics regardless of birth sex; defines sex to encompass stereotypes, pregnancy or related conditions, sexual orientation or gender identity, and sex characteristics (including intersex traits); and defines sexual orientation as homosexuality, heterosexuality, or bisexuality. It further provides rules requiring equal treatment for pregnancy-related conditions and access to shared facilities (e.g., restrooms, locker rooms, dressing rooms) consistent with gender identity; preserves all existing claims and remedies, including under 42 U.S.C. 1983; clarifies that covered establishments include individuals affecting commerce and are not limited to physical places; and specifies that the Religious Freedom Restoration Act of 1993 provides no claim, defense, or basis to challenge this title.