Democratic lawmakers on Wednesday reintroduced the Equality Act, a bill that would enshrine protections in federal law for those who practice homosexuality and transgenderism, in a move which threatens religious liberty protections.
The legislation would amend components of the Civil Rights Act such that the categories of “sexual orientation” and “gender identity” carry the same legal protections afforded to race, sex, religion, national origin, age, and disability. The text of the Equality Act, which passed the House of Representatives two years ago but was never approved by the Senate, contended that both private and government actors have subjected citizens to “persistent, widespread, and pervasive discrimination on the bases of sexual orientation and gender identity.”
Rep. Mark Takano (D-CA) commented in a press release that the reintroduction of the Equality Act means much to him personally “as the first openly gay person of color to serve in Congress” and called on lawmakers to advance the bill.
“I am acutely aware of the impacts lawful discrimination has on our marginalized communities in the United States,” he said. “I’m proud to reintroduce the Equality Act as a long-overdue guarantee to all members of our community that we, too, benefit from explicit civil rights protections and the full promise of American democracy.”
Other supporters of the legislation include House Minority Leader Hakeem Jeffries (D-NY) and former House Speaker Nancy Pelosi (D-CA).
Republican lawmakers opposed the Equality Act two years ago on the grounds that the bill would effectively nullify the Religious Freedom Restoration Act, a law which prohibits government agencies from substantially burdening a person’s free exercise of religion, and impose ideological restrictions on religious entities.
Davis Younts, a defense attorney who represents members of the military and advocates for religious freedom protections, said in comments to The Sentinel that the most recent version of the Equality Act would likewise be “extremely dangerous” for religious citizens.
“As written, it could force churches, schools and other religious organizations to choose between their sincerely held religious beliefs and continued operation,” Younts remarked. “It could open religious entities up to a flood of litigation and many of the religious entities would simply not have the resources to fight a constant stream of legal battles.”
LGBT activists have indeed demonstrated a willingness to utilize the legal system as a means to harass religious citizens. Jack Phillips, the Christian baker who owns Masterpiece Cakeshop and refused to make a cake for a same-sex wedding, was asked five years ago by an activist to make a custom pink and blue transgender-themed cake, as well as a cake showing Satan smoking marijuana. The activist filed a federal lawsuit against the business owner after he refused, a case which continues to move through the court system.
The reintroduction of the Equality Act comes months after President Joe Biden signed the Respect for Marriage Act, a law which repealed the Defense of Marriage Act and codified protections for so-called same-sex marriage into federal law in accordance with the Supreme Court opinion in Obergefell v. Hodges. The White House has repeatedly signaled intentions to uphold the Supreme Court opinion in Bostock v. Clayton County, which contended three years ago that the Civil Rights act prevents an employer from dismissing an employee based on their “sexual orientation” or “gender identity.”
