Equality Act (United States)

Equality Act (United States)
Shorttitle	Equality Act
Longtitle	An Act to prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.
Acts amended	Civil Rights Act of 1964, Equal Credit Opportunity Act, Jury Selection and Services Act, several others
Introducedin	House
Introducedby	David Cicilline (D-RI-1)
Introduceddate	March 13, 2019
Committees	House Judiciary
Passedbody1	House
Passeddate1	May 17, 2019
Passedvote1	236–173
Passedbody2	House
Passeddate2	February 25, 2021
Passedvote2	224–206

Equality Act (United States). The Equality Act is a proposed comprehensive federal legislation in the United States that seeks to explicitly prohibit discrimination on the basis of sexual orientation and gender identity. It would amend landmark civil rights statutes, including the Civil Rights Act of 1964, to provide consistent and explicit non-discrimination protections for LGBT people across key areas of life. The bill has been introduced multiple times in the United States Congress and has passed the House of Representatives on two occasions but has not been enacted into law.

Overview and legislative history

The modern push for the Equality Act builds upon decades of advocacy following pivotal events like the Stonewall riots and the work of organizations such as the Human Rights Campaign. Early federal legislative efforts included the proposed Employment Non-Discrimination Act. The current version was first introduced in the 116th United States Congress by Representative David Cicilline and Senator Jeff Merkley. Its introduction followed significant legal milestones like the Obergefell v. Hodges decision but sought to address gaps left by rulings such as Bostock v. Clayton County. The legislation was reintroduced in the 117th United States Congress with the support of the Biden administration.

Provisions of the act

The act explicitly adds "sexual orientation" and "gender identity" to existing protected classes in the Civil Rights Act of 1964, which covers employment, housing, public accommodations, and federally funded programs. It also amends the Equal Credit Opportunity Act and the Jury Selection and Services Act to include these protections. A key provision expands the definition of "public accommodations" to include retail stores, transportation services like Lyft, and entertainment venues. The bill seeks to override the religious exemptions affirmed in cases like Burwell v. Hobby Lobby Stores, Inc., limiting the use of the Religious Freedom Restoration Act as a defense against discrimination claims.

Support and advocacy

Major advocacy organizations such as the American Civil Liberties Union and the National Center for Transgender Equality strongly support the act. It has been endorsed by hundreds of major corporations, including Apple Inc. and Microsoft, under initiatives like the Business Coalition for the Equality Act. Support also comes from medical associations like the American Medical Association and faith groups including the Union for Reform Judaism. President Joe Biden has repeatedly called for its passage, listing it as a top legislative priority during his address to a joint session of Congress.

Opposition and criticism

Opposition is led by socially conservative groups such as the Family Research Council and the Heritage Foundation. Critics, including many members of the Republican Party, argue it infringes upon religious liberties, impacting organizations like the Little Sisters of the Poor and faith-based adoption agencies. Some legal scholars and activists, including from the Women's Liberation Front, have expressed concern that the act's provisions could undermine single-sex spaces and opportunities for women, referencing conflicts with laws like Title IX. Certain conservative commentators on outlets like Fox News have framed the legislation as government overreach.

Legislative progress and status

The Equality Act first passed the House in May 2019 with a vote of 236–173, but it was not taken up by the Senate then controlled by Mitch McConnell. Following the 2020 elections, it passed the House again in February 2021. It was subsequently introduced in the Senate, where it faced a filibuster. Despite a hearing in the Senate Judiciary Committee chaired by Dick Durbin, the bill did not reach the 60-vote threshold needed to advance, stalling in the closely divided chamber.

Impact and related legislation

While not yet law, the Equality Act has significantly influenced the national debate on LGBT rights in the United States. Its proposal has spurred state-level actions, with some states like California passing their own comprehensive laws, while others have enacted contrary measures. The act's framework informed the interpretation of the Bostock v. Clayton County ruling by the Supreme Court of the United States. Related legislative efforts include the John Lewis Civil Rights Act and the Do No Harm Act, which seek to modify the Religious Freedom Restoration Act. The ongoing legal and political conflict ensures the act remains a central issue in discussions before bodies like the United States Commission on Civil Rights.

Category:Proposed federal legislation of the United States Category:LGBTQ-related legislation in the United States Category:Civil rights legislation in the United States