Equality Act (United States)

The Equality Act was a bill in the United States Congress, that, if passed, would amend the Civil Rights Act of 1964 (including titles II, III, IV, VI, VII, and IX) 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.

[1][2] The Supreme Court's June 2020 ruling in Bostock v. Clayton County protects gay and transgender people in matters of employment, but not in other respects.

The bill would also expand existing civil rights protections for people of color by prohibiting discrimination in more public accommodations, such as exhibitions, goods and services, and transportation.

Much like the Bostock v. Clayton County decision, the Equality Act broadly defines sex discrimination to include sexual orientation and gender identity, adding "pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes".

Specifically, it prohibits discrimination based on sex, sexual orientation, gender identity, and intersex status in a wide variety of areas including public accommodations and facilities, education, federally funded programs, employment, housing, credit, and jury service.

[1][2] It also seeks to expand existing civil rights protections for people of color,[9] women,[10] and other minority groups by updating the definition of public accommodations to include places or establishments that provide:[1][2]

According to the text of the act as introduced in the 117th Congress, discrimination based on sexual orientation or gender identity by governments violates the Equal Protection Clause of the Fourteenth Amendment, saying:Discrimination by State and local governments on the basis of sexual orientation or gender identity in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance, violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States.

In many circumstances, such discrimination also violates other constitutional rights such as those of liberty and privacy under the due process clause of the Fourteenth Amendment.

14752 of the 93rd Congress) 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.

An expanded version of ENDA which included both sexual orientation and changed sex to gender identity in its protections passed the United States Senate in 2013, but did not advance in the House.

[12] On June 15, 2020, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination against gay and transgender people in employment.

LGBTQ rights advocates welcomed the ruling and reaffirmed support for passage of the Equality Act, stating that the ruling only covered employment, and in many states LGBTQ people still lack non-discrimination protections in housing, public accommodations, public education, federal funding, credit, and jury service which would be covered under the Equality Act.

[13][14][15] The ruling said that the Civil Rights Act protects "gay and transgender" people in matters of employment but left the terms undefined.

[20][21][22] A 2020 PRRI poll said 83% of Americans would favor such anti-discrimination laws, and specifically regarding discrimination in employment, housing, and public accommodations.

[29] American businesses Apple, Google, Microsoft, Amazon, eBay, IBM, Facebook, Airbnb, Twitter, Intel, Red Hat and Netflix.

[48] Celebrities Alexandra Billings,[49] Karamo Brown,[50] Gloria Calderón Kellett,[51] Charlie Carver,[52] Max Carver,[52] Nyle DiMarco,[53] Sally Field,[54] Marcia Gay Harden,[55] Dustin Lance Black,[56] Jamie Lee Curtis,[57] Jane Lynch,[58] Justina Machado,[59] Adam Rippon,[60] Taylor Swift,[61][62][63] Bella Thorne,[64] and Jesse Tyler Ferguson.

[76] Fox News anchor, Tucker Carlson, called the Equality Act a "terrifying agenda that eliminates women".

Some organization that oppose the Equality Act are funded by fundamentalist anti-LGBT hate groups (as designated by the SPLC) such as the Alliance Defending Freedom.

While saying the act is "laudable in its aims", Burt lamented the lack of scrutiny and discussion by Democratic representatives in Congress into the real consequences the act's "imprecise language" would bring to women: "The result is the erosion of females' provisions, which include sex-separated spaces (e.g., prisons, locker rooms, shelters), opportunities and competitions (e.g., awards, scholarships, sports), and events (e.g., meetings, groups, festivals)".

When it comes to biological-sex segregated spaces, such as public bathrooms and prisons, the newspaper states that "parts of the bill appear to put the needs of transgender people above those of women.

In the letter, the groups expressed that the act "undermines religious freedom, and threatens charitable nonprofits and the people they serve, regulates free speech, hinders quality health care, and endangers the privacy and safety of women and girls."

"[95] On May 16, 2019, Sister Carol Keehan, president of the Catholic Health Association sent a letter to lawmakers in the House expressing concern that the act, as written, would roll back religious liberty protections.

The legislation, she said, "lacks conscience protection language and precludes application of RFRA (Religious Freedom Restoration Act).

[97] On May 13, 2019, The Church of Jesus Christ of Latter-day Saints released a statement that read in part, "The Equality Act now before Congress is not balanced and does not meet the standard of fairness for all.

[100] Much of the concern surrounding the Equality Act stems from the protections that would be guaranteed for transgender individuals in sports and also in access to sex-segregated spaces.

[102] The letter notes the [21] states and 200+ municipalities that have protected transgender people's access to facilities have not seen an increase in sexual violence and public safety incidents due to nondiscrimination laws.

[106] 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".

In August 2019, the White House issued a statement, "The Trump Administration absolutely opposes discrimination of any kind and supports the equal treatment of all; however, the House-passed bill in its current form is filled with poison pills that threaten to undermine parental and conscience rights.

Every person should be treated with dignity and respect, and this bill represents a critical step toward ensuring that America lives up to our foundational values of equality and freedom for all.

[125][23][126] Among Republican Representatives, only Tom Reed, John Katko, and Brian Fitzpatrick voted in favor; fewer than in the previous Congress.

The Equality Act would uniformly apply anti-LGBT discrimination law in the United States. State anti-discrimination laws 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 have similar executive orders , but their scope is limited to only cover public state employees against discrimination.