Devil, Details

Whatever you think about the state of our roads, bridges, and other infrastructure, we can agree that fundamentally changing the definition of sex in federal law shouldn’t be part of infrastructure funding.

But there it is, hidden deep in the 2,702 page, $1 trillion infrastructure bill. On page 2149, under Sec. 60307 General Provisions it reads, “No individual in the United States may, on the basis of actual or perceived race, religion, national origin, sex, gender identity, sexual orientation… be subject to discrimination…” (my emphasis). This applies to anyone participating in or benefitting from any of the programs or activities funded in the bill. It goes on to cite the 1964 Civil Rights Act’s prohibition of discrimination based on sex, thereby conflating (what was in 1964) biological sex with what is now “actual or perceived” sex, sexual orientation, and gender identity.

As we have written about many times before, this poses big problems for certain business owners who hold to the historical and biological view of human sexuality, including religiously based beliefs. In this case, it would include businesses “participating in” or “benefit[ing]” from the bill.

Those pushing the LGBTQ agenda at the expense of religious freedom couldn’t garner enough support for their redefinition of the term “sex” on the merits, so they are sneaking it in wherever they can. This time it is in a giant unrelated bill. One that will get more press on the coming road repairs than the upending of the long-held understanding of human sexuality. Nothing says infrastructure like forcing certain business owners to conform to the government’s sexual ethics or face losing their livelihood.

The bill creates a cause of action against those who disagree with the idea that sex is fluid, or that “perceived” sexual identity doesn’t equate to “actual” sexual identity. This means anyone covered under this bill who makes a distinction between the two terms faces potential legal action.

Both Senators from Arizona, Democrats Mark Kelly and Kyrsten Sinema voted for the bill. Sinema was a key negotiator of the bill. In total, 19 Republicans voted with all 50 Democrats to pass the infrastructure bill.

It Could Get Worse

Democrats in the U.S. Senate this week also approved a budget resolution that will allow them to pass a $3.5 trillion budget bill later and avoid a filibuster – if the House also adopts the resolution.

The reconciliation bill includes funding for a host of leftist agenda policies necessarily cut from the infrastructure bill to get bipartisan approval. A key component in protecting taxpayers from funding abortions – the Hyde Amendment – was left out of the budget for the first time in 45 years. But Democrat Joe Manchin joined Republicans in preserving the Hyde Amendment in the budget resolution process late Tuesday night.

During that process, Arizona Senator Mark Kelly, who presented himself to voters as moderate, voted against including the Hyde Amendment, against the Pain-Capable Unborn Child Protection Act, and against the Protecting Individuals with Down syndrome Act. This is in addition to his previous vote against protecting babies born alive during an attempted abortion.

Arizona Senator Kyrsten Sinema also voted against these commonsense pro-life amendments during the resolution process Tuesday.

This is truly a radical position on abortion, considering most Americans, including Arizonans, strongly support protecting babies born alive – and they oppose forcing taxpayers to pay for abortions.

Democrats in the House voted last month to exclude the Hyde and the Helms Amendments (which prohibits U.S. taxpayers from funding abortions abroad) from their budget plan. The Hyde Amendment is credited for saving 2.5 million lives since its inception.

We can only pray that enough U.S. lawmakers, both Republican and Democrat, stand up for the lives of the most vulnerable and insist the Hyde and Helms Amendments are included in the final version of the budget bill.

If not, and the infrastructure bill passes, values will look radically different in America. Government will force taxpayers to pay for the taking of innocent life, both at home and internationally, leading to countless lives lost. And government will force Americans to agree with an ever-changing sexual ethic at the threat of legal recourse.

The House is due back to take up these issues August 23. Let lawmakers know how you feel about these critical topics.

Call your U.S. Representative and urge him or her to vote NO on the current version of the infrastructure bill, and to include the Hyde and Helms Amendments in the final budget bill!

Reach your U.S. Representative here.

Call Arizona’s Senators and urge them to protect life in the final budget bill!

Reach your U.S. Senators here.



  • Read more here about this week’s vote and what’s next.
  • Read here for more on what made it and what didn’t make it into the budget resolution.
  • The American Medical Association is calling for the removal of the distinction of sex on birth certificates, calling gender a “social construct.” Read here.
  • Al Mohler discusses a recent heartbreaking report of taxpayer money funding the harvesting of unborn baby body parts at two major universities. Here is a recent news report on the findings.
  • CAP is seeking two people to join our team! If you feel called to advocate for life, marriage and family, and religious freedom, we invite you to apply. Click the job title below to view the ad on
  • Legislative Counsel provides legal and policy support for CAP
  • Events Coordinator will coordinate, plan, and execute all events for CAP


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