Hr5: What's The Latest On This Proposed Law?

The H.R.5 bill, also known as the Equality Act, has been reintroduced in the 117th United States Congress and seeks to prohibit discrimination based on sex, sexual orientation, and gender identity in a wide range of areas including public accommodations, education, federal funding, employment, housing, credit, and jury service. The bill was passed by the House on February 25, 2021, and moved on to the Senate for consideration but did not overcome a filibuster. As of 2024, the bill has not been passed into law.

The Equality Act

The bill's main provision is simple but far-reaching. It takes a host of federal laws and replaces the word "sex" with the phrase "sex (including sexual orientation and gender identity)". This change fundamentally rewrites federal law in dozens of existing statutes and categories.

The Act contains no religious exemption and expressly annuls the application of the Religious Freedom Restoration Act from any claim alleging discrimination based on sexual orientation or gender identity. It compels schools, nonprofits, businesses, and others to allow access to restrooms and other private facilities in accordance with an individual's gender identity, regardless of biological sex.

The Act also changes requirements for positions with Bona Fide Occupational Qualifications (BFOQ). While federal and state laws prohibit discrimination in employment based on sex, the law continued to recognize some exceptions where the sex of an employee might be a BFOQ. The Act specifies that "in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity."

Prohibiting discrimination based on sex, sexual orientation, and gender identity

The Equality Act (H.R.5) is a bill introduced in the 117th United States Congress to prohibit discrimination based on sex, sexual orientation, and gender identity. The bill passed the House of Representatives on February 25, 2021, but it did not pass the Senate, and thus, did not become law.

The Equality Act (H.R.5)

The Equality Act aimed to prohibit discrimination based on sex, sexual orientation, and gender identity in various aspects of life, including:

• Public accommodations and facilities: The bill expanded the definition of public accommodations to include places offering exhibitions, recreation, transportation services, and other services. It also prohibited denying individuals access to shared facilities, such as restrooms and locker rooms, that align with their gender identity.
• Education: The bill sought to prevent discrimination in educational institutions, ensuring equal opportunities for all regardless of sex, sexual orientation, or gender identity.
• Federal funding: H.R.5 intended to prohibit the federal government from discriminating when providing funding, ensuring that all eligible individuals and organizations have equal access to financial support.
• Employment: The bill aimed to protect individuals from discrimination in employment practices, such as hiring, firing, promotions, pay, and other terms and conditions of employment, based on their sex, sexual orientation, or gender identity.
• Housing, credit, and the jury system: The Equality Act sought to prevent discrimination in accessing housing, credit, and jury service, ensuring that these areas are inclusive and fair for all.

Bostock v. Clayton County

The bill also codifies the Supreme Court ruling in Bostock v. Clayton County (2020), which held that discrimination based on sexual orientation or transgender status violates Title VII's prohibition on discrimination because of sex. The Court clarified that "discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex". This decision provided a strong legal precedent for protecting the rights of LGBTQ+ individuals in the workplace and set a precedent for interpreting Title VII of the Civil Rights Act of 1964.

Impact and Future

While H.R.5 did not become law, its provisions could still become law if included in future legislation. The bill's introduction and passage in the House represent a significant step toward ensuring equal rights and protections for individuals from discrimination based on sex, sexual orientation, and gender identity.

Public accommodations and facilities

The Equality Act (H.R.5) is a bill in the United States Congress that, if passed, would amend the Civil Rights Act of 1964 to prohibit discrimination based on sex, sexual orientation, and gender identity in public accommodations and facilities. The bill defines public accommodations as places or establishments that provide exhibitions, recreation, exercise, amusement, gatherings, or displays; goods, services, or programs; and transportation services. This includes restaurants, hotels, and theatres.

The bill allows individuals to access shared facilities, such as restrooms, locker rooms, and dressing rooms, that correspond with their gender identity. It also prohibits individuals from being denied access to public facilities based on their gender identity.

The bill passed the House in February 2021 but did not advance further in the Senate. It has been reintroduced in subsequent years but has not become law.

The Equality Act seeks to address the lack of legal protections for LGBTQ individuals at the national level. It aims to prohibit discrimination in various aspects of public life, including public accommodations and facilities.

Religious exemptions

The bill's main provision is simple but far-reaching. It takes a host of Federal laws and replaces the word "sex" with the phrase "sex (including sexual orientation and gender identity). The Act also contains no religious exemption and expressly annuls the application of the Religious Freedom Restoration Act from any claim alleging discrimination on the basis of sexual orientation or gender identity.

The bill's supporters, recognising that it is an infringement on the free exercise of religion, explicitly deny the application of the most important statutory security of the free exercise of religion, the Religious Freedom Restoration Act (RFRA). The bill specifically provides that RFRA:

> "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."

The bill's supporters argue that the RFRA was a bipartisan Act introduced by then-congressman Chuck Schumer and was passed unanimously by the House and almost unanimously by the Senate. RFRA was intended to make it clear legislatively that First Amendment religious liberty would be treated like other fundamental rights in the Constitution.

However, the bill's opponents argue that the Act expressly removes religious protections and that the RFRA's language is so broad that it may cause RFRA to be inapplicable to any claim of discrimination under the broad swath of Federal laws impacted by the Equality Act.

Conversion therapy

The Human Rights Campaign (HRC) reports that 23 states in the US, plus Washington, D.C., have laws or regulations protecting youth from conversion therapy, with eight of these states enacting laws under Republican governors. Additionally, a growing number of municipalities have also enacted similar protections, including at least 70 cities and counties across 13 states.

The Equality Act (H.R.5), which passed the House in February 2021, seeks to prohibit discrimination based on sex, sexual orientation, and gender identity. The Act includes a provision that prohibits conversion therapy, stating that it is a form of discrimination that harms LGBTQ+ people. However, as of December 2024, it is unclear if H.R.5 has become law.

The International Federation for Therapeutic and Counselling Choice (IFTCC) opposes the term "conversion therapy," arguing that it is intended to be pejorative and imposed on organizations that do not support the normalization of homosexuality or the association of gender with biological sex. They claim that conversion therapy bans threaten democratic rights and freedoms and the mental health of individuals.

The Movement Advancement Project provides a detailed breakdown of conversion therapy laws and bans across the US, noting that 51% of LGBTQ+ youth live in states that ban conversion therapy for minors, while 29% live in states with no laws or policies addressing this issue.

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