Following committee approval last week, the House of Representatives will soon vote on the “Equality Act” (H.R. 5, text here), which would add “sexual orientation” and “gender identity” protections under the 1964 Civil Rights Act.
Crucially, the proposal would explicitly ban use of the conscience guarantees in the Religious Freedom Restoration Act signed by President Bill Clinton. Only two Democratic senators voted against that 1993 act, with names like Biden, Daschle, Feinstein, Kennedy, Kerry and Leahy in the yes column.
That’s a news story — right there. Journalists should compare such bipartisan unanimity with today’s stark party divide in this First Amendment battle, as on so many other issues.
The clause states that the religion law “shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”
Need a local angle for coverage? Reporters will want to analyze the impact that would have upon federal funding and other benefits for colleges, health facilities and charities that hold to traditional religious teaching. Anticipate years of lawsuits and political infighting.
The House will pass the Equality Act because it is sponsored by all but one of the majority Democrats. But a narrow defeat looks probable in the Senate, where so far Maine’s Susan Collins is the only member in the Republican majority backing the bill. Adding political fuel, the U.S. Supreme Court is set to rule next year on parallel questions.
All that will play out as reporters cover voters pondering whether to re-elect President Donald Trump and keep Republican control of the Senate, thus determining appointments of federal judges and whether the Equality Act becomes law. Among Democratic candidates, Joe Biden backed a similar equality bill in 2015, and the 2019 version is endorsed by the seven others atop polls (Booker, Buttigieg, Harris, Klobuchar, O’Rourke, Sanders and Warren).
The Equality Act would cover a broad array of businesses and agencies that provide goods or services to the public, forbid sexual stereotyping and make bisexuals a protected class. It would require access to rest rooms, locker rooms, dressing rooms and presumably women’s shelters, on the basis of self-identified gender rather than biological gender.