Adding Gender Identity and Sexual Orientation to the List of Protected Classes (S. 1006)
Do you support or oppose this bill?
What is S. 1006?
(Updated August 26, 2021)
This bill would ban discrimination based on sexual orientation and/or gender identity in education, employment, housing, credit, and federal jury service. It would also prohibit discrimination (through changes to existing civil rights laws) in “public accommodations” and federal funding on the basis of gender, sexual orientation, and gender identity.
The definition of public accommodations under the Civil Right Act of 1964 would be expanded to cover nearly every entity that offers goods, services, or programs — including retailers, banks, and transportation or healthcare providers, among others. For example, public bathrooms count as a "public accommodation" — so it would be illegal to deny a person access to a public restroom based on their gender identity.
Sexual orientation and gender identity join the list of already protected classes including race, color, religion, sex, disability status and national origin. This applies to public and private sector entities with at least 15 employees, as well as labor organizations.
Existing religious exemption would remain in place, so religious entities could still hire individuals of a particular faith to do work related to religious activities. However, defendants could not use the Religious Freedom Restoration Act as a defense to alleged discrimination on the basis of sexual orientation or gender identity.
The Dept. of Justice (DOJ) and the Attorney General would be authorized to initiate cases against state and local governments for discrimination that occurs in publicly owned facilities other than public schools and public colleges. Given that sexual orientation and gender identity would be added to the list of protected classes, the DOJ could also intervene in equal protection cases.
Argument in favor
The law needs to protect those who could be discriminated against based on their sexual orientation or gender identity. Adding them to the list of protected classes under the Civil Rights Act will give discrimination victims recourse.
Argument opposed
States are already adopting laws to prevent discrimination on the basis of sexual orientation or gender identity. The federal government shouldn’t compel business owners to engage in activities that go against their religious beliefs.
Impact
Those who could be discriminated against based on their sexual orientation or gender identity; public and private entities; the Dept. of Justice; and the Attorney General.
Cost of S. 1006
A CBO cost estimate is unavailable.
Additional Info
In-Depth: The lead sponsor of this legislation, Sen. Jeff Merkley (D-OR), believes that:
“For far too long, the door of discrimination has been slammed shut on LGBTQ Americans. It's been slammed shut on equality, it's been slammed shut on opportunity, and this must end. It's time to have the Equality Act on the floor of the House and the floor of the Senate for a full debate.”
This legislation has the support of 45 cosponsors in the Senate, including 43 Democrats and two Independent senators who caucus with the Democrats.
Of Note: Proponents of this bill cite the 31 states without laws on the books preventing discrimination based on sexual orientation or gender identity. While that doesn’t make it legal to discriminate on those grounds in those states, it does mean that such incidents have to be resolved through the judicial system via other claims — by local governments, or the policies of the company in question.
The enactment of laws in Mississippi and North Carolina preventing trans people from using single-sex restrooms ignited a national debate about discrimination based on a person's gender identity. While similar proposals have been introduced in several other states, they have either stalled, been defeated, or vetoed.Media:
- Sponsoring Sen. Jeff Merkley (D-OR) Press Release
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Countable YouTube (Previous Version)
- Buzzfeed (Previous Version)
- Huffington Post (Previous Version)
- TIME (Previous Version)
- U.S. News and World Report (Previous Version)
- Daily Signal (Opposed)
- Human Rights Campaign (In Favor)
- Think Progress (In Favor)
(Photo Credit: Flickr user Ted Eytan)
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