Equality Act backers undeterred by lack of progress three years later

2021 began as a monumental year for LGBTQ rights.

In January, newly sworn-in President Joe Biden issued two executive orders to combat discrimination based on sexual orientation and gender identity and rescind a ban on transgender military service introduced by his predecessor, former President Donald Trump. signed.

That same month, the Department of Labor suspended another Trump-era policy barring federal agencies and government contractors from providing diversity, equity, and inclusion (DEI) training, and the following month, on February 25, the House of Representatives passed the law. This is his second time in his 50-year history on this bill.

“It was thrilling,” said former Democratic congressman David Cicilline, who led the House passage of the Equality Act that year. “Voting to protect an entire community from discrimination is rare. It doesn’t happen in every generation.”

But building momentum further proved difficult in the Senate (then split evenly between Democrats and Republicans), and the landmark civil rights bill ultimately failed to pass in the Senate. . Progress on passing the bill, which Biden vowed to make his top legislative priority during his first 100 days in office in 2020, has stalled since then.

Supporters of the Equality Act, which would amend existing federal anti-discrimination laws to make gender identity and sexual orientation protected classes, are largely unfazed by the lack of progress over the past three years; They say it reflects the dysfunctionality of the Republican Party. Support for the bill is declining.

“The main obstacle is that the Republican conference relies on its most extreme members, and of course the former president,” Rep. Becca Balint (D-Vermont) said of Trump.

Since regaining the House majority in 2022, Republicans have introduced and passed legislation and adopted rhetoric criticized by LGBTQ advocates as anti-equality rights, but the Equality Act was first passed in 2019. Trump, who opposed the Equality Act as president when it passed the House of Representatives, pledged to enact a series of laws targeting the LGBTQ community if re-elected, citing concerns about parental rights and religious freedom. .

Meanwhile, support for federal nondiscrimination protections for LGBTQ individuals is at an all-time high. In July, nearly 80 percent of Americans and more than 60 percent of Republicans said they support laws that protect LGBTQ people from discrimination in employment, public accommodations, and housing. Public Religion Research Institute public opinion poll.

Supporters of the Equality Act say they intend to capitalize on growing public support for the bill, but first they need to retake the House and maintain control of the White House.

“That’s why the stakes in this midterm election are incredibly high, from my perspective as a queer American who wants my rights to be protected wherever I go in this country,” Balint said. Told.

“This is purely a session to gather public support for the bill,” said Rep. Mark Pocan (D-Wis.), chairman of the Congressional Equality Caucus. “If Democrats win in November, I think there’s a good chance of that happening, but our real strategy is how to make sure it passes in the Senate given some of the rules.”

The Equality Act would need at least 67 votes in the narrow Democratic-controlled Senate to get past the filibuster. After passing the House in 2021, the bill failed to garner enough bipartisan support in the Senate, and the current bill, introduced in June by Sen. Jeff Merkley (D-Ore.), Only 50 people were in favor. The sponsors are all Democrats, as well as independents who caucus with Democrats.

Sen. Joe Manchin (D-Virginia) is the only Democratic supporter.in explain his objections In response to the 2019 bill, Manchin said the Equality Act did not provide sufficient guidance to school officials regarding transgender students.

Sen. Tammy Baldwin (D-Wis.), the first openly gay person elected to the Senate in 2012, cited the success of the Respect for Marriage Act when asked about the future of the Equality Act. .

Mr. Biden, with Mr. Baldwin’s help, signed the landmark marriage equality law in 2022, shortly after it was approved by Congress with bipartisan support.

“Just over a year ago, we did what many believed was impossible and gained support from both parties to protect LGBTQ rights in passing the Respect for Marriage Act.” Baldwin said in an emailed statement.

“I remain committed and hope to build on this momentum to pass the Equality Act, enact important civil rights protections for LGBTQ Americans, and realize our nation’s ideals,” she said. .

Rep. Mark Takano (D-Calif.), the Equality Act’s chief sponsor in the House, said this year’s elections can’t happen soon enough.

LGBTQ advocates have “been getting a tailwind” following the 2015 Supreme Court ruling that legalized same-sex marriage nationwide, but have recently become “extremist” to successfully target LGBTQ people. “The factions are reorganizing and reorganizing their activities,” he said. .

“The Equality Act is desperately needed as far-right lawmakers push anti-LGBTQ+ legislation here in Congress and across the country,” Takano said in an email. According to the ACLUMore than 450 anti-LGBTQ bills have already been introduced in state legislatures this year, closing in on last year’s record.