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house Bill H.R. 5

Should Gender Identity and Sexual Orientation Be Considered ‘Protected Classes’ Under Civil Rights Law?

Argument in favor

The law needs to protect those people 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.

DrCindyBean-ConcernedVoter's Opinion
···
05/12/2019
I support HR5 Equality Act. I expect my representative and Senators to support HR5 Equity Act. It’s 2019. All people must be equally protected.
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Brian's Opinion
···
05/16/2019
States are not doing enough to protect all Americans, and we were promised by the founders that ALL would be created equal. In many states, LGBTQ+ people can be fired from their jobs, denied or evicted from housing, discriminated against by healthcare providers and other business, just because of perceptions that somehow they are less than. All Americans are supposed to be equal, and it's the Federal government's job to ensure that equality for all, no exceptions. We cannot allow the religious right to use their prejudices to keep over 15% of the population from life, liberty, and the pursuit of happiness.
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Thelma's Opinion
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05/17/2019
We must do more to teach about bias, as well. No one should live in fear of hate and discrimination.
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Argument opposed

States are already adopting laws to prevent discrimination on the basis of sexual orientation or gender identity. Alternatively, the federal government shouldn’t compel business owners to engage in activities that go against their religious beliefs.

SneakyPete's Opinion
···
05/17/2019
The American “BILL OF RIGHTS” covers ALL. States are already adopting laws to prevent discrimination on the basis of sexual orientation or gender identity. Alternatively, the federal government shouldn’t compel business owners to engage in activities that go against their religious beliefs. SneakyPete..... 👎🏻👎🏻👎🏻👎🏻. 5.16.10.....
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Mark's Opinion
···
05/03/2019
The Equality Act is inherently hostile to religious freedom. It contains no exemptions for religious organizations or houses of worship, and it partially repeals the Religious Freedom Restoration Act. Insofar that Christian schools could be considered a place of “public accommodation” under this bill, there would be no protections for Christian schools that desire to teach a biblical ethic of human sexuality and expect teachers and students to practice those beliefs. Christian schools would be forced to include puberty blockers, cross-sex hormones, and sex reassignment surgery in their employee health plans to advance a transgender ideology, all in clear violation of their religious convictions and contrary to their understanding of the best medical responses to gender dysphoria. The Equality Act would also require Christian schools to allow boys who identify as girls to use girls’ restrooms, locker rooms, and other appropriately sex-separated private facilities. Single-sex and boarding schools would be forced to admit and house together biologically male students with female students. If the Equality Act passes, Christian schools would effectively lose the freedom to operate according to the teachings of their faith. The Equality Act mandates a universal sexual ethic and eradicates the right of people to speak freely and without fear on issues core to one’s conception of truth—like a biblical view of sexuality. And by explicitly prohibiting religious exemptions, the Equality Act sends a clear message that dissenting views, including those espoused by Christian schools, do not deserve equal protection in society.
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John's Opinion
···
05/17/2019
How about not what you are but who you are. I’m tired if liberals pandering to every group and ignoring the rest. Straight working people needs rights also, you seem to forget about us but you know who we are the ones that work and pay taxes for you to give away
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What is House Bill H.R. 5?

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 accommodation under the Civil Rights Act of 1964 would be expanded to cover nearly every entity that offers goods, services, or programs — including retailers, banks, transportation, recreational centers, and healthcare providers, among others. For example, public restrooms count as a “public accommodation”, so it’d be illegal to deny a person access to a public restroom (or a locker room or dressing room) based on their gender identity.

Defendants against discrimination claims wouldn’t be allowed to use the Religious Freedom Restoration Act as a defense to alleged discrimination on the basis of sexual orientation or gender identity.

Additionally, the bill would allow the Dept. of Justice (DOJ) to intervene in equal protection actions in federal court on account of sexual orientation or gender identity. It could initiate also cases against state and local governments for discrimination that occurs in publicly owned facilities other than schools and colleges.

Existing protected classes include race, color, religion, sex, disability status, and national origin.

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 House Bill H.R. 5

A CBO cost estimate is unavailable.

More Information

In-Depth: Rep. David Cicilline (D-RI) introduced this bill to extend anti-discrimination protections under current civil rights law to cover LGBT Americans:

“It is past time for the Equality Act to be written into law. Democrats are committed to delivering results for the people, and that means all the people. No American should ever be treated as less than equal in the eyes of the law. I’m looking forward to getting this bill through the House this spring. Senator McConnell should take it up without delay.”

House Majority Leader Steny Hoyer (D-MD) added:

“Congress must pass the Equality Act without delay.  The Trump Administration, as we were reminded yesterday with its ban on transgender Americans serving in our military and with its guidance making it harder for transgender students to attend school, has embraced a policy of discrimination against the LGBT community.  The President may have broken his promises to LGBT Americans, but House Democrats will never stop fighting for equality, justice, and respect for all. We must ensure that every American, no matter who they love or how they identify, has every opportunity to make it in America.”

House Republicans have largely expressed opposition to this bill, with Rep. James Comer (R-KY) saying he was “deeply troubled” by the fact that the bill “effectively guts the Religious Freedom Restoration Act”, and added:

“This bill is following in the tradition of others we have seen so far throughout this Congress. A clever name, an allegedly noble purpose, but a vehicle for serious, harmful consequences.”

During a committee hearing, Julia Beck, a lesbian feminist who was removed from the Baltimore LGBT Commission for describing a male transgender rapist as a male and that men can’t be lesbians, expressed opposition to this bill because it’d mean that:

“Male rapists will go to women’s prisons and likely assault female inmates as has already happened in the U.K.; female survivors of rape will be unable to contest male presence in women’s shelters; men will dominate women’s sports -- girls who would have taken first place will be denied scholastic opportunity; women who use male pronouns to talk about men may be arrested, fined, and banned from social media platforms; girls will stay home from school when they have their periods to avoid harassment by boys in mixed-space toilets; girls and women will no longer have a right to ask for female medical staff or intimate care providers, including elderly or disabled women who are at serious risk of sexual abuse; female security officers will no longer have the right to refuse to perform pat-downs or intimate searches of males who say they’re female and women undergoing security checks will no longer have the right to refuse to perform to refuse having those security checks being performed by men claiming a feminine identity… Everything I just listed is already happening and it’s only going to get worse if gender identity is recognized in federal law. I urge my fellow Democrats to wake up. Please acknowledge biological reality.”

This legislation has the support of 240 cosponsors, including 237 Democrats and 3 Republicans.


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 (the North Carolina bill was subsequently partially repealed). While similar proposals have been introduced in several other states, they have either stalled, been defeated, or vetoed.


Media:

Summary by Eric Revell

(Photo Credit: Crcjfly via Wikimedia / Public Domain)

AKA

Equality Act

Official Title

To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.

bill Progress

  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
  • The house Passed May 17th, 2019
    Roll Call Vote 236 Yea / 173 Nay
      house Committees
      Committee on Administration
      Committee on Education and Labor
      Committee on Financial Services
      Committee on Oversight and Reform
      Committee on the Judiciary
    IntroducedMarch 13th, 2019
Log in or create an account to see how your Reps voted!
    DrCindyBean-ConcernedVoter's Opinion In Favor
    ···
    05/12/2019
    I support HR5 Equality Act. I expect my representative and Senators to support HR5 Equity Act. It’s 2019. All people must be equally protected.
    Like (245)
    Follow
    Share
    SneakyPete's Opinion Against
    ···
    05/17/2019
    The American “BILL OF RIGHTS” covers ALL. States are already adopting laws to prevent discrimination on the basis of sexual orientation or gender identity. Alternatively, the federal government shouldn’t compel business owners to engage in activities that go against their religious beliefs. SneakyPete..... 👎🏻👎🏻👎🏻👎🏻. 5.16.10.....
    Like (104)
    Follow
    Share
    Brian's Opinion In Favor
    ···
    05/16/2019
    States are not doing enough to protect all Americans, and we were promised by the founders that ALL would be created equal. In many states, LGBTQ+ people can be fired from their jobs, denied or evicted from housing, discriminated against by healthcare providers and other business, just because of perceptions that somehow they are less than. All Americans are supposed to be equal, and it's the Federal government's job to ensure that equality for all, no exceptions. We cannot allow the religious right to use their prejudices to keep over 15% of the population from life, liberty, and the pursuit of happiness.
    Like (138)
    Follow
    Share
    Thelma's Opinion In Favor
    ···
    05/17/2019
    We must do more to teach about bias, as well. No one should live in fear of hate and discrimination.
    Like (113)
    Follow
    Share
    Susan's Opinion In Favor
    ···
    05/12/2019
    Your religion should not be an excuse to discriminate against others. It goes against separation of church and state. No Christian Sharia law in America.
    Like (68)
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    Mark's Opinion Against
    ···
    05/03/2019
    The Equality Act is inherently hostile to religious freedom. It contains no exemptions for religious organizations or houses of worship, and it partially repeals the Religious Freedom Restoration Act. Insofar that Christian schools could be considered a place of “public accommodation” under this bill, there would be no protections for Christian schools that desire to teach a biblical ethic of human sexuality and expect teachers and students to practice those beliefs. Christian schools would be forced to include puberty blockers, cross-sex hormones, and sex reassignment surgery in their employee health plans to advance a transgender ideology, all in clear violation of their religious convictions and contrary to their understanding of the best medical responses to gender dysphoria. The Equality Act would also require Christian schools to allow boys who identify as girls to use girls’ restrooms, locker rooms, and other appropriately sex-separated private facilities. Single-sex and boarding schools would be forced to admit and house together biologically male students with female students. If the Equality Act passes, Christian schools would effectively lose the freedom to operate according to the teachings of their faith. The Equality Act mandates a universal sexual ethic and eradicates the right of people to speak freely and without fear on issues core to one’s conception of truth—like a biblical view of sexuality. And by explicitly prohibiting religious exemptions, the Equality Act sends a clear message that dissenting views, including those espoused by Christian schools, do not deserve equal protection in society.
    Like (58)
    Follow
    Share
    John's Opinion Against
    ···
    05/17/2019
    How about not what you are but who you are. I’m tired if liberals pandering to every group and ignoring the rest. Straight working people needs rights also, you seem to forget about us but you know who we are the ones that work and pay taxes for you to give away
    Like (56)
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    Joseph's Opinion Against
    ···
    05/13/2019
    We are all protected by the bill of rights no one deserves special rights.
    Like (43)
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    Leo's Opinion In Favor
    ···
    04/21/2019
    The history of social progress involves the expansion of protection to all those marginalized.
    Like (41)
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    Doug's Opinion Against
    ···
    05/17/2019
    This madness needs to stop.
    Like (39)
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    burrkitty's Opinion In Favor
    ···
    05/17/2019
    End discrimination. Our constitution dose not allow people to impose their religious bigotry on others. It is explicitly unconstitutional. Separation of church and state. Protect the LGBTQA+🏳️‍🌈 population from religious bigotry and discrimination.
    Like (38)
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    Ronald's Opinion Against
    ···
    05/17/2019
    There are only two sexes, male and female
    Like (36)
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    Jr's Public Comment
    ···
    05/16/2019
    Why is this even an issue? You can believe whatever your organized religion tells you, but that’s why you have houses of worship. Keep it in your house. The idea that our constitution allows you to impose your religious values on the body politic is explicitly unconstitutional.
    Like (33)
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    kimber9mm's Opinion Against
    ···
    05/17/2019
    I thought it was about being equal? Now it’s about being special. Why not throw in there vegan or political affiliation? No. Just no.
    Like (31)
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    Ed's Opinion Against
    ···
    05/12/2019
    Read , study !! This is a mental,not physical issue. Trying to be a leftist on this issue is causing so many problem, bathrooms,women sports, pronouns ?? all because it is fantasy. They will never be the opposite sex (all cosmetic) You can't pretend the truth away. Time to deal with reality . Get them the mental help they need. Who besides white males are not in some protected class? But seriously study the issue read the results and do what is right
    Like (27)
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    Mark's Public Comment
    ···
    05/17/2019
    Remove the term “protected classes“ and replace it with “institutionalized mass discrimination“. This legislation is a clear and present violation of the 14th amendment “equal protection under the law”.
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    Luke's Opinion In Favor
    ···
    05/12/2019
    Please protect people from hateful actions of others. Transgender people have a much higher suicide rate than the rest of the population, in large part because so many express hatred and bigotry loudly and often.
    Like (27)
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    Gregg 's Opinion Against
    ···
    05/12/2019
    The law is a joke and is not true. Does this mean pedophilia or a sexual preference for children will be legal and protected. As long as their are Sex Offender Law this law has no teeth and is countodictory. One size does not fit all. Why do you hate children?
    Like (26)
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    JTJ's Opinion Against
    ···
    05/13/2019
    Democrats claim to be proponents of science, but clearly they are not. They are tyrants, forcing their radical ideals on the rest of society.
    Like (25)
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    Kodiwodi's Opinion In Favor
    ···
    05/17/2019
    If not for the issue of sex these two other issues would not be brought up. Sex is already a protected class ergo these two must be as well. They cannot exist separate from sex. They must be protected despite any bigoted arguments to the contrary. To do otherwise is unconstitutional and a violation of Civil Rights.
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