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Equality Act
3/12/2024, 11:17 AM
Summary of Bill S 5
If passed, the Equality Act would amend existing civil rights laws to explicitly include protections for LGBTQ individuals in areas such as employment, housing, education, and public accommodations. This means that it would be illegal to discriminate against someone based on their sexual orientation or gender identity in these areas.
Supporters of the bill argue that it is necessary to ensure that all individuals are treated fairly and equally under the law, regardless of their sexual orientation or gender identity. They believe that these protections are long overdue and are essential for creating a more inclusive and just society. Opponents of the bill, however, have raised concerns about its potential impact on religious freedom and freedom of speech. They argue that the bill could infringe on the rights of individuals and organizations who hold traditional beliefs about marriage and gender. Overall, the Equality Act is a highly contentious piece of legislation that has sparked intense debate among lawmakers and the public. Its fate in Congress remains uncertain, but its passage would represent a significant step forward in the fight for LGBTQ rights in the United States.
Congressional Summary of S 5
Equality Act
This bill prohibits discrimination based on sex, sexual orientation, or gender identity with respect to businesses, employment, housing, federally funded programs, and other settings.
Specifically, the bill expands Title II and Title VI of the Civil Rights Act of 1964 to prohibit public accommodations and federally funded programs, respectively, from discriminating based on sex, sexual orientation, or gender identity. It also includes stores, transit services, recreational facilities, and establishments that provide health care, accounting, or legal services as public accommodations under Title II.
The bill also expands Title IV (desegregation of public schools) and Title VII (employment discrimination) to specifically include sexual orientation and gender identity. (The Supreme Court held in Bostock v. Clayton County that Title VII's prohibition of employment discrimination based on sex also prohibits employment discrimination based on sexual orientation or gender identity.)
The bill similarly expands the Fair Housing Act (discrimination in public and private housing) to include sexual orientation and gender identity. It also prohibits discrimination based on sexual orientation or gender identity by creditors and with respect to jury selection.
The bill defines sex for purposes of the aforementioned provisions to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics.
