Should the U.S. Impose Visa-Blocking Sanctions on Individuals Responsible for Human Rights Violations Based on Sexuality or Gender Identity? (H.R. 3485)

What is H.R. 3485?

(Updated March 18, 2022)

This bill — known as the Global Respect Act — would impose visa-blocking sanctions on foreign persons who are responsible for or complicit in human rights violations due to individuals’ actual or perceived sexual orientation, gender identiy, or sex characteristics.

Specifically, this bill would:

• Require the President to send Congress a biannual list of foreign persons responsible for or complicit in human rights violations due to individuals’ sexual orientation, gender identity, or sex characteristics;

• Deny or revoke visas to individuals on the list, with waivers allowed for national security purposes or to allow attendance at the United Nations;

• Require the annual State Department Report on Human Rights to include a section on LGBTI international human rights and require the State Dept. to provide Congress an annual report on the status of this law’s effectiveness; and

• Require the Assistant Secretary of State for Democracy, Human Rights, and Labor to designate a senior officer responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms in foreign countries on the basis of sexual orientation, gender identity, or sex characteristics.

Argument in favor

The U.S. should stand up for human rights around the world by imposing sanctions on those who violate human rights based on sexual orientation, gender identity, or sex characteristics that prevent them from entering the country.

Argument opposed

Other nations’ laws are their own business, and the U.S. shouldn’t bar foreign nationals from entry to the U.S. based on actions that are lawful in their home countries but which are deemed human rights violations here.

Impact

Congress; the State Dept.; the Assistant Secretary of State for Democracy, Human Rights, and Labor; the President; nations with laws or policies violating human rights based on sexual orientation, gender identity, or sex characteristics; and violators of human rights based on sexual orientation, gender identity, or sex characteristics.

Cost of H.R. 3485

The Congressional Budget Office (CBO) estimates that this bill would have insignificant budgetary impact.

Additional Info

In-Depth:

Sponsoring Rep. David Cicilline (D-RI), who is a co-chair of the House Equality Caucus, introduced this bill to impose visa-blocking sanctions on foreign nationals who are responsible for, or complicit in, human rights violations based on individuals’ sexual orientation, gender identity, or sex characteristics:

“Every human being deserves to be treated with respect and dignity. Unfortunately, millions of LGBTI people around the world are targeted with violence, harassment, discrimination, and worse every single day. The United States needs to stand as an advocate for oppressed and marginalized communities across the world. That’s why I’m pleased this bill is moving to the House floor and bringing us one step closer to imposing real penalties on anyone who abuses the human rights of LGBTI people.”

Sen. Jeanne Shaheen (D-NH), sponsor of this bill’s Senate companion, adds:

“It’s unconscionable that LGBTI communities around the world face persecution, jail and murder because of who they love and how they identify. The U.S. has a moral imperative to make clear to the international community that LGBTI rights are human rights. I’m proud to lead this bipartisan effort to hold accountable individuals who trample on the rights of their citizens by committing clear human rights violations. This bill empowers the administration with enhanced authority to ensure violators face repercussions and expand protections for LGBTI folks around the world.” 

Freedom House, which supports this legislation, expressed its support in a 2015 press release when this bill was introduced in a previous session of Congress. Freedom House president Mark P. Lagon said:

“Freedom House supports the Global Respect Act because the human rights of all persons, regardless of their sexual orientation or gender identity, should be respected. We are concerned by the significant global increase in violence against LGBT persons, and this bill sends a clear message that the United States finds such behavior reprehensible. Congress should continue to make support of the LGBT community a priority in U.S. foreign policy. We applaud Rep. Cicilline (D-RI) and the bill’s original cosponsors for their leadership on this issue.”

The Concerned Woman for America Legislative Action Committee opposes this legislation, which it calls a “weapon of intimidation to persecute those holding differing views on biological sex, marriage, and the family.” The organization says:

“The problem that the current Global Respect Act claims to resolve is already addressed in and covered by the Global Magnitsky Human Rights Accountability Act, which imposes robust sanctions on those who engage in human rights abuses. The Global Respect Act purports to protect the rights of those who identify themselves as LGBTQI, but in essence, it undermines rights to freedom of conscience and religious belief for those who disagree.”

The Human Rights Campaign, Freedom House, and the Council for Global Equality endorse this legislation.

This legislation passed the Committee on Foreign Affairs by a voice vote with the support of 74 bipartisan House cosponsors, including 73 Democrats and one Republican. Its Senate companion, sponsored by Sen. Jeanne Shaheen (D-NH), has nine bipartisan Senate cosponsors, including six Democrats and three Republicans, and has not yet received a committee vote.

Rep. Cicilline first introduced this bill in the 114th Congress.

Of Note: In a 2015 report, the United Nations found that thousands of incidents of physical violence are committed against LGBTI individuals each year on a global basis. Amnesty International reports that about a dozen nations enforce homophobic laws carrying a death penalty. The Human Rights Campaign finds that globally, 68 countries criminalize consensual same-sex relations, and consensual same-sex relations are punishable by death in nine countries.

Media:

• Sponsoring Rep. David Cicilline (D-RI) Press Release

• Senate Sponsor Sen. Jeanne Shaheen (D-NH) Press Release

• Human Rights Campaign (In Favor)

• Freedom House (In Favor)

• Concerned Woman for America Legislative Action Committee (Opposed)

• CBO Cost Estimate