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Equality Act (United States)

  (Redirected from Equality Act of 2015)

The Equality Act is a bill passed by the United States House of Representatives on May 17, 2019[1] that would amend the Civil Rights Act to "... prohibit discrimination ... on the basis of the sex, sexual orientation, gender identity, or pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes."[2] The United States Senate received the bill for consideration on May 20, 2019.[3]

Equality Act
Great Seal of the United States
Legislative history
United States Supreme Court cases
R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

Contents

Purpose and content

 
The Equality Act would uniformly apply anti-LGBT discrimination law in the United States. Current anti-discrimination laws by jurisdiction as of May 2019:
  State law prohibiting discrimination based on sexual orientation and gender identity in public employment, private employment, housing, and provision of goods and services
  State law prohibiting discrimination based on sexual orientation (but not gender identity) in public employment, private employment, housing, and provision of goods and services
  State law prohibiting discrimination based on sexual orientation and gender identity in public and private employment, but not in other areas such as housing and provision of goods and services
  State law does not prohibit discrimination based on sexual orientation or gender identity. Some states may have related executive orders, but their scope is very limited as they only protect public state employees against discrimination.

Polling has shown that nearly two-thirds of Americans identified as LGBT report having experienced discrimination in their personal lives.

As of 2019, twenty-one states and Washington, D.C. have comprehensive laws prohibiting discrimination on the basis of sexual orientation and gender identity. However, most other states do not include any legal protections against LGBT discrimination. The Equality Act will approximate current state anti-discrimination laws on a national level, providing a blanket of protection against discrimination throughout the country. The Equality Act seeks to incorporate protections against LGBT discrimination into the federal Civil Rights law. It also seeks to expand existing protections for other minority groups by updating the definition of public accommodations.[4]

The Equality Act updates the definitions of three terms:[5]

  • "sex" to include a sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth, or a related medical condition
  • "sexual orientation" as homosexuality, heterosexuality, or bisexuality
  • "gender identity" as gender-related identity, appearance, mannerisms, or characteristics, regardless of the individual's assigned sex at birth.

The Equality Act expands the categories of "public accommodations" to include places or establishments that provide:[5]

  • Exhibitions, recreation, exercise, amusement, gatherings, or displays
  • Goods, services, or programs, including a store, a shopping center, an online retailer or service provider, a salon, a bank, a gas station, a food bank, a service or care center, a shelter, a travel agency, a funeral parlor, or a health care, accounting, or legal service
  • Transportation services
  • It prohibits "establishment" from being construed to be limited to a physical facility or place.[5]

History

Early history (1970s–1990s)

The original Equality Act was developed by U.S. Representatives Bella Abzug (D-NY) and Ed Koch (D-NY) in 1974. The Equality Act of 1974 sought to amend the Civil Rights Act of 1964 to include prohibition of discrimination on the basis of sex, sexual orientation, and marital status in federally assisted programs, housing sales, rentals, financing, and brokerage services. The bill authorized civil actions by the Attorney General of the United States in cases of discrimination on account of sex, sexual orientation, or marital status in public facilities and public education. On June 27, 1974, the bill was referred to the House Committee on the Judiciary, but did not proceed to a vote in the full United States House of Representatives.[6]

From 1994, the more narrow Employment Non-Discrimination Act (ENDA) was introduced, but faced the most opposition over whether Transgender Americans would be protected. An expanded version of ENDA which included both sexual orientation and gender identity in its protections passed the United States Senate of the 113th United States Congress in 2013, but did not advance in the House. Opposition to LGBT-inclusive anti-discrimination law continues to focus on transgender people, and this opposition comes up in other, related legislation with LGBT protections.[7]

2000s–2010s

The Equality Act has gotten support from national civil rights organizations (including the NAACP, the Anti-Defamation League, the National Organization for Women, Asian Americans Advancing Justice, the Hispanic Federation, and the Human Rights Campaign), international human rights organizations (including Human Rights Watch), major professional associations (including the American Medical Association, the American Psychological Association, the American Counseling Association, the American Federation of Teachers, and the American Bar Association), and major businesses (including Apple, Google, Microsoft, Amazon, eBay, IBM, Facebook, Twitter, Visa, Mastercard, Intel, and Netflix).[8][9][10][11] The United States is currently one of the few Western nations not to outlaw anti-LGBT discrimination in employment nationally.

Public opinion

A Reuters/Ipsos poll conducted in May/June 2019 found that most Americans do not know that LGBT people lack federal protections. Only one-third of respondents knew that such protections do not exist on the basis of transgender identity, and only one-quarter knew that they don't exist on the basis of lesbian, gay, and bisexual identity.[12][13]

A nationwide and state-by-state poll on the issue conducted throughout 2017 by the Public Religion Research Institute as part of the annual American Values Atlas survey revealed that 70% of Americans, including a majority in every state, supported laws that would protect lesbian, gay, bisexual, and transgender (LGBT) people against discrimination, while 23% opposed such laws, and 8% had no opinion.[14][15][16]

A poll conducted by Quinnipiac University in April 2019 found that 92% of American voters believed that employers should not be allowed to fire someone based on their sexual orientation or sexual identity, while only 6% believed that employers should be allowed to do so. A wide consensus on this question was found among both Democratic and Republican voters, as well as Independents, although Democratic voters were slightly more likely to believe that this kind of discrimination should be illegal, with only 1% of them believing that employers should be allowed to fire someone based on their sexual orientation or sexual identity.[17]

Support and opposition

Support

The Equality Act is supported by more than 515 national, state and local organizations.[18][19][20] These include national organizations related to human rights and social justice, such as American Civil Liberties Union, Anti-Defamation League, GLSEN, Human Rights Campaign, Human Rights Watch, Lambda Legal, the National Organization for Women, NAACP, and the AARP.

Supporting organizations also include those from national professional organizations, such as the American Psychological Association, American Medical Association, American Counseling Association, American Federation of Teachers, American Bar Association, and the American Academy of Pediatrics, as well as the National PTA.[21]

The act is also supported by over 180 American businesses and the US Chamber of Commerce.[22][23] These include internet and technology companies such as Apple, Google, Microsoft, Amazon, eBay, IBM, Facebook, Airbnb, Twitter, Intel, and Netflix. Other companies supporting the act include Visa, Mastercard, Abercrombie & Fitch, Alaska Airlines, and American Airlines.

Furthermore, many celebrities have expressed their support for the Equality Act and urged Congress to pass it. These include Alexandra Billings,[24] Karamo Brown,[25] Gloria Calderón Kellett,[26] Charlie Carver,[27] Max Carver,[27] Nyle DiMarco,[28] Sally Field,[29] Marcia Gay Harden,[30] Dustin Lance Black,[31] Jaime Lee Curtis,[32] Jane Lynch,[33] Justina Machado,[34] Adam Rippon,[35] Taylor Swift,[36][37][38] Bella Thorne,[39] and Jesse Tyler Ferguson.[40]

Religious organizations and registered charities that have given public support to the act include Advocates for Youth, and various Catholic leaders and lobbying organizations such as Father James Martin, S.J.,[41] Network,[42] and DignityUSA.[43] Catholic theologian and nun Joan Chittister released a statement saying that the Equality Act "...must be passed, must be extended, and must be lived if religion itself is to be true".[44]

Other faiths groups and organizations that have publicly supported the act include the Episcopal Church,[45] The United Methodist Church,[45] The United Church of Christ,[46] the Evangelical Lutheran Church in America,[47] More Light Presbyterians,[48] The Union for Reform Judaism,[45] United Synagogue of Conservative Judaism,[45] the Reconstructionist Rabbinical Association,[49] Muslims for Progressive Values,[50] the Hindu American Foundation,[51] and the Unitarian Universalist Association.[45]

Opposition

The Heritage Foundation

The Heritage Foundation (hereinafter, Foundation) published a critique of the bill on March 14, 2019, delineating five groups who would, in the Foundation's view, be harmed by the Equality Act.[52]

(1) Employers and workers - "The Equality Act would force employers and workers to conform to new sexual norms or else lose their businesses and jobs." In addition to citing Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case ultimately decided by the U.S. Supreme Court,[53] the Foundation highlighted the case of a Virginia teacher fired because he refused to use masculine pronouns when referring to a trans male student (although the teacher did call the student by his new male name).[54]

(2) Medical professionals - The Equality Act would, in the Foundation's view, "... politicize medicine by forcing professionals to act against their best medical judgment and provide transition-affirming therapies." They cite instances in which Catholic hospitals have been sued for refusing to perform surgery (hysterectomies) on otherwise healthy women who want to become male.[55][56]

(3) Parents and children - According to the Foundation, the Equality Act would "... harm families by normalizing hormonal and surgical interventions for gender dysphoric children ...." Such normalization would harm children and families because, according to the Foundation, "80 to 95 percent of children with gender dysphoria no longer feel distressed by their bodies after puberty", yet parents can lose custody of their children if they refuse to allow hormonal intervention such as testosterone supplements for girls.[52]

(4) Women - The Equality Act would, in the Foundation's opinion, "... ultimately lead to the erasure of women by dismantling sex-specific facilities, sports, and other female-only spaces." Among other problems, the Foundation noted that "biologically male" athletes competing against girls or women is unfair, and defeats the "... entire purpose of Title IX, which was meant to ensure that women would have the same opportunities as men including in sports ...."[52]

(5) Non-Profits and Volunteers - According to the Foundation, the Equality Act could force faith-based nonprofit organizations "... to open up private facilities—including sex-specific bathrooms, showers, and sleeping areas—to members of the opposite sex."[52]

Other Organizations

Some religious leaders cited opposition to the bill for multiple reasons, including claims that it would infringe on religious liberty.[57][58]

The American Family Association published an article in April 2019 by fundamentalist Protestant and social commentator Bryan Fischer coming out against the act, writing that discrimination against the LGBT community is a "social good" and "what public policy is all about."[59] "There is no equality in this bill for anyone who believes that homosexuality is non-normative sexual behavior and something that should not be promoted, subsidized, and celebrated, especially in our schools." He went on to call it the "Homosexual Supremacy Act", saying that "child[ren] will be condemned to the psychological torment of this dissonance until the day they commit suicide... which 41% of transgenders do".[59]

On May 13, 2019, The Church of Jesus Christ of Latter-day Saints released a statement that opposed the Equality Act over concerns of religious liberty. The statement read in part, “The Equality Act now before Congress is not balanced and does not meet the standard of fairness for all. While providing extremely broad protections for LGBT rights, the Equality Act provides no protections for religious freedom".[58][60]

On March 20, 2019, the United States Conference of Catholic Bishops sent a letter addressed to the United States Senate that opposed the Equality Act on the grounds of freedom of expression and freedom of religion, among other concerns.[61]

Presidents' stances

Barack Obama

President Obama voiced his support of the Equality Act when it was first introduced in the 114th United States Congress.[62]

Donald Trump

In his 2000 presidential campaign as the Reform Party nominee, Trump supported the idea of amending the Civil Rights Act of 1964 to prohibit discrimination based on sexual orientation. In an interview for The Advocate, he said:[63]

[A]mending the Civil Rights Act would grant the same protection to gay people that we give to other Americans -- it’s only fair.

Nevertheless, in May 2019, while serving as the President of the United States, Trump expressed opposition to the Equality Act in its current form, after religious conservative organizations had urged the White House to issue an opposition statement to the bill.[64] The statement indicated that Trump's administration "absolutely opposes discrimination of any kind", and that his opposition to the Equality Act was based on "poison pills" filled in the current form of the bill. Trump, however, did not indicate whether he would veto the legislation should Congress pass it.[65]

Legislative activity

114th Congress

H.R. 3185

On July 23, 2015, Rep. David Cicilline (D-RI) introduced the Equality Act of 2015 in the United States House of Representatives. The bill was supported by President Barack Obama.[62]

In January 2016, Rep. Bob Dold (R-IL) became the first Republican Representative to co-sponsor the bill.[66] Rep. Ileana Ros-Lehtinen (R-FL) became the second Republican to co-sponsor the bill in September 2016.

S. 1858

On July 23, 2015, Sen. Jeff Merkley (D-OR) introduced the Equality Act of 2015 in the United States Senate.

In January 2016, Sen. Mark Kirk (R-IL) became the first and only Republican Senator to co-sponsor the bill.

All Democrats and Independents cosponsored the bill with the exception of Heidi Heitkamp (D-ND), Joe Donnelly (D-IN), Joe Manchin (D-WV) and Jon Tester (D-MT).

115th Congress

H.R. 2282

On May 2, 2017, Rep. David Cicilline (D-RI) introduced the Equality Act of 2017 in the United States House of Representatives.

Rep. Ileana Ros-Lehtinen (R-FL) was the only Republican to co-sponsor the bill from the outset, with Rep. Scott Taylor (R-VA) becoming the second Republican to co-sponsor the bill on May 26, 2017.

S. 1006

On May 2, 2017, Sen. Jeff Merkley (D-OR) introduced the Equality Act of 2017 in the United States Senate.

All Democrats and Independents cosponsored the bill with the exceptions of Joe Donnelly (D-IN) and Joe Manchin (D-WV).

116th Congress

H.R. 5

On March 13, 2019, Rep. David Cicilline (D-RI) introduced the Equality Act of 2019 in the United States House of Representatives. The bill is sponsored by 237 Democrats and 3 Republicans. On May 1, 2019, the bill passed the House Judiciary Committee by a vote of 22-10, with all Democratic members of the committee voting in favor and all Republican members against.[67] A vote by the full House was held on May 17, 2019; the vote carried with 236 votes for and 173 against. Eight Republicans voted in favor of the bill and no Democrats opposed it.[1][68]

S. 788

On March 13, 2019, Sen. Jeff Merkley (D-OR) introduced the Equality Act of 2019 in the United States Senate. The bill is sponsored by 43 Democrats, 2 Independents, and 1 Republican.

Legislative history

Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
114th Congress Equality Act of 2015 H.R. 3185 July 23, 2015 David Cicilline
(D-RI)
178 Died in committee
S. 1858 July 23, 2015 Jeff Merkley
(D-OR)
42 Died in committee
115th Congress Equality Act of 2017 H.R. 2282 May 2, 2017 David Cicilline
(D-RI)
198 Died in committee
S. 1006 May 2, 2017 Jeff Merkley
(D-OR)
47 Died in committee
116th Congress Equality Act of 2019 H.R. 5 March 13, 2019 David Cicilline
(D-RI)
240 Passed the House[1]
S. 788 March 13, 2019 Jeff Merkley
(D-OR)
46 Referred to committee

See also

References

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  3. ^ "Equality Act, H.R. 5, 116th Congress (2019), as received by the U.S. Senate on May 20, 2019, read twice, and referred to the S. Comm. on the Judiciary" (PDF). www.congress.gov. Retrieved 2019-07-30.
  4. ^ "The Equality Act". Human Rights Campaign.
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  61. ^ USCCB 3-20-19 Letter to Congress on the Equality Act
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Attribution:

External links