In June of last year, the U.S. Supreme Court ruled that any employer who fires someone for being LGBTQ violates Title VII of the Civil Rights Act of 1964. The decision enshrined workplace equality into federal law – setting into motion a series of events proving that despite its challenges, 2020 was a landmark year for LGBTQ civil rights in America.
Advocates celebrated the victory against the backdrop of the Trump administration, which had argued in the nation’s highest court against protecting LGBTQ workers. Its figurehead ultimately shared that “we live their decision,” but largely ignored its ramifications throughout his sole term.
Following Trump’s loss in the 2020 presidential election, however, his successor did the opposite. More than six months after the ruling was delivered, President Joe Biden signed an executive order on his first day in office Jan. 20 directing federal agencies across the nation to implement it.
“It is the policy of my administration to prevent and combat discrimination on the basis of gender identity or sexual orientation,” the order reads. “It is also the policy of my administration to address overlapping forms of discrimination.”
One of the ways Biden’s hoped to do so is by signing the Equality Act into law, federal legislation originally developed in 1974. Its modern counterpart was co-authored by openly gay U.S. Rep. David Cicilline of Rhode Island and LGBTQ ally U.S. Sen. Jeff Merkley of Oregon, Democrats who respectively introduced it in the U.S. House of Representatives and U.S. Senate in 2015.
Considered in every U.S. Congress since, the Equality Act would amend existing civil rights law – including the same Civil Rights Act, the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services Act and others – to explicitly prohibit discrimination on the basis of sex, sexual orientation and gender identity.
Once signed into law, it would build upon the Supreme Court’s ruling and president’s executive order, which advocates say can be challenged by future administrations, to protect LGBTQ Americans in the areas of employment, housing, public accommodations, education, federally funded programs, credit and jury service.
The legislation first passed in the Democratic-controlled House in 2019 but never advanced in the Republican-controlled Senate. The Trump administration said it was full of “poison pills,” while then-presidential candidate Biden promised the Equality Act would be a top legislative priority should he win the election.
Biden vowed to enact the Equality Act within his first 100 days in office, a campaign promise the president is on track to honor. With Democrats now in control of the White House and both chambers of Congress, LGBTQ advocates in Central Florida, Tampa Bay and across the nation have been working to make that pledge a possibility.
PASSING THE HOUSE
The first step in getting a bill to the Oval Office began in the U.S. House, which introduced 2021’s Equality Act on Feb. 18. It was announced by Cicilline, who noted that “every American should be treated with respect and dignity.”
“Yet, in most states, LGBTQ people can be discriminated against because of who they are, or who they love,” he continued. “It is past time for that to change.”
“Our nation was founded on the promise that all are created equal and are worthy of dignity and respect, regardless of who they are or whom they love,” added House Speaker Nancy Pelosi, who oversaw its 236-173 passage in 2019. Eight Republicans voted in favor of the measure at the time.
“With the reintroduction of the Equality Act, Congressional Democrats are making a resounding commitment to this truth: that all Americans must be treated equally under the law, not just in the workplace, but in every place,” Pelosi continued. “The Democratic House will now swiftly pass this landmark legislation and will keep working until it is finally enacted into law – so that we can combat anti-LGBTQ discrimination that undermines our democracy and advance justice in America.”
The Equality Act received a vote just days later. It passed 224-206 on Feb. 25, with only three Republicans joining every House Democrat to support it.
The Congressional LGBTQ+ Caucus was quick to celebrate the passage, having long championed the act as a resource on federal LGBTQ issues. The group consists of more than 160 members, all Democrats.
Formed in 2008, it is currently co-chaired by the nine openly LGBTQ members of the U.S. House including Cicilline. It works toward equality for all.
“The House has again affirmed that LGBTQ people should enjoy the same rights and responsibilities as all other Americans,” Cicilline shared. “I look forward to seeing President Biden sign the Equality Act into law.”
“After four years of enduring racist, sexist, homophobic and transphobic attacks, and generations of systemic discrimination, LGBTQ+ people deserve dignity, respect, and equal protection under the law,” co-chair Mondaire Jones of New York also noted.
“No one should face discrimination because of who they are or who they love, but from housing and education to our justice system, LGBTQ+ discrimination pervades every area of our society,” he continued. “With the Equality Act, we will take a powerful step toward affirming the rights of LGBTQ+ people.”
In addition to its co-chairs, more than 20 U.S. representatives serve as vice-chairs of the caucus. Among them are Rep. Darren Soto, who represents Central Florida’s 9th congressional district, and Rep. Charlie Crist, who represents its 13th.
“It was really exciting the first time,” Soto says of his vote for the Equality Act in 2019. “Now we’re just digging our heels in to get this thing through the Senate. We made this a priority again because it’s a priority for the Democratic majority – and most importantly, it’s a priority for America.”
The nation’s largest LGBTQ civil rights organization points to data confirming that in its support of the Equality Act. The Human Rights Campaign (HRC) shared March 17 that 7 in 10 U.S. voters support it.
“In poll after poll, we see that Americans overwhelmingly believe that LGBTQ people should be able to live free from fear of harassment and discrimination by guaranteeing the same federal anti-discrimination protections that other Americans have enjoyed for decades,” HRC President Alphonso David shared. “The Equality Act is supported by a bipartisan majority of voters, the business community, faith and civil rights leaders, and communities in virtually every corner of the nation.”
Crist agrees. “The Equality Act is landmark civil rights legislation that enshrines into law what a vast majority of Americans already know and feel in their hearts – that no one should be discriminated against for who they are and whom they love,” he says. “This is a monumental step forward in protections for the LGBTQ+ community and I am humbled and proud to have been able to vote for its passage.”
Doing so ahead of an April 1 deadline was of paramount importance for the Equality Caucus.
“It passed out of the House before that critical deadline,” Soto explains. “Bills that passed last Congress have the ability to get consideration straight on the floor if they are brought there before then and this was a big priority of ours. We know President Biden has already indicated he would sign the bill if given the opportunity to do so.”
That’s a key difference between 2019 and 2021, he and Crist note. “I know President Biden,” the latter says. “He is a good man, a decent man. He has compassion for all Americans.”
The president affirmed that ahead of the Equality Act’s passage in the House, releasing a statement Feb. 19. “Full equality has been denied to LGBTQ+ Americans and their families for far too long,” Biden shared.
“I directed agencies to implement the Supreme Court’s ruling, and fully enforce Title VII of the Civil Rights Act of 1964 and other laws that prohibit discrimination on the basis of gender identity or sexual orientation,” he continued. “Now, it’s time for Congress to secure these protections once and for all by passing the Equality Act – because no one should ever face discrimination or live in fear because of who they are or whom they love.”
ON TO THE SENATE
Democratic leaders in the U.S. Senate were quick to show their support for the House’s efforts. Merkley joined a number of his counterparts Feb. 25 in publicly applauding its 2021 passage.
“In the land of the free, the doors of opportunity should not be slammed shut because of who Americans are or whom they love,” he shared. “Let’s celebrate this major milestone and use this day to recommit ourselves to bringing the fight to ban LGBTQ discrimination to the Senate.
“Let’s make 2021 the year that we end discrimination that remains legal in the majority of American states,” he continued. “Let’s make 2021 the year that we ring the bells of freedom for every American.”
Senate Majority Leader Schumer echoed the Equality Act co-author, advising he was proud to introduce the measure. He said that’s because it is “essential, urgent and long-overdue legislation that will move us closer to a society where all Americans are treated equally under the law.
“Even today, the signs of discrimination based on sexual orientation abound from education, to housing, to family planning, from the workplace to adoption to immigration,” Schumer continued. “Congress must pass the Equality Act so that LGBTQ+ Americans will no longer have to face discrimination in some of these most basic areas of life.”
In Florida, the spotlight turned toward U.S. Sens. Marco Rubio and Rick Scott, Republicans who have yet to publicly share their support or opposition. The Florida LGBTQ+ Democratic Caucus, which represents the interests of LGBTQ Floridians to the state’s Democratic Party, called for them to support the Equality Act and its protections which were “long overdue.”
“The Florida LGBTQ+ Democratic Caucus thanks those in the Florida congressional delegation who voted in support of our community,” Caucus President Stephen Gaskill said, “and for their recognition that civil rights should not be up for debate.
“We hope that when the U.S. Senate takes up the bill that Marco Rubio and Rick Scott will recognize the large number of LGBTQ+ Floridians who are watching,” he concluded. “They may have a vote on our rights, but we have a vote on their jobs.”
The state’s largest LGBTQ-focused civil rights organization echoed the caucus, calling on Florida’s senators to support the Equality Act. They pointed toward HRC’s frequent polling detailing the unprecedented support for LGBTQ rights.
“The task before the Senate is clear: stand on the side of the American people,” Equality Florida shared Feb. 25. “With support from over 70% of the country, 200+ major businesses and 700+ faith organizations, passage of the Equality Act is a necessary and clear next step in moving the nation forward.”
“The time has come for a modernized and updated federal Civil Rights Act that recognizes where discrimination still occurs today,” Executive Director Nadine Smith added. “Floridians clearly support equal rights regardless of sexual orientation and gender identity and we call on our Senators to join the overwhelming public support that led to passage in the House.”
The statewide organizations aren’t alone. U.S. Rep. Kathy Castor, who represents Tampa Bay’s 14th congressional district and U.S. Reps. Stephanie Murphy and Val Demings of Central Florida’s 7th and 10th – all of whom are members of the Equality Caucus with Soto and Crist and voted in favor of the Equality Act – are urging action from their Senate colleagues.
“All Americans deserve nondiscrimination protections in the workplace, in school, in housing and in public,” Castor says. “The Equality Act will ensure that LGBTQ individuals in Florida and across the nation enjoy the same rights and responsibilities as all other Americans … I’m especially proud that the House passed the Equality Act and urge my colleagues in the Senate to take it up as quickly as possible.”
She adds that “I am hopeful that with President Biden in the White House and a Democratic majority in the Senate, we will be able to finally move the Equality Act over the finish line and ensure that our LGBTQ neighbors garner the protection that they deserve.”
Murphy calls its passage personal, for both herself and the community she represents. “Central Florida is an area that prides itself on its diversity, compassion and inclusiveness,” she says. “Despite the tremendous progress our nation has made toward equality, too many LGBTQ Americans still live in fear. That’s because LGBTQ people across the country remain vulnerable to discrimination on a daily basis.
“Now that the House has taken action,” she continues, “and President Biden has signaled his strong support, the Senate needs to follow suit to ensure no American faces discrimination because of who they are or who they love.”
“‘Liberty and justice for all,’” Demings stresses. “That is America’s guiding belief, yet we have seen throughout our history that, as John Lewis reminded us, ‘democracy is not a state. It is an act.’ Without the Equality Act, there is no federal law protecting the LGBTQ community from discrimination. It’s past time to right this wrong and I am proud to support this legislation to ensure that America lives up to her ideals.”
The representative also says that’s because “‘no one is free until we all are free.’ These are the powerful words of Dr. King and we all should be guided by them. I am proud to stand with my LGBTQ constituents and all Americans to further the cause of justice and equality in our great country.”
EQUALITY NOW?
Watermark reached out to both Rubio and Scott for comment about the Equality Act but received no direct response from either senator. Scott’s office, however, sent an automated letter concerning the legislation.
“I have repeatedly made clear that I stand opposed to discrimination of any kind,” his words read. “At the same time, I am firmly committed to defending the core constitutional liberties of free expression and the free exercise of religious beliefs.”
Religious freedom is frequently cited by those who oppose the Equality Act. That’s because the bill does not allow for its LGBTQ protections to be superseded by the Religious Freedom Restoration Act.
The 1993 law “prohibits any agency, department or official … from substantially burdening a person’s exercise of religion.” That concern and others were highlighted during the Equality Act’s first ever Senate hearing on March 17.
Despite this, supporters stress that the Equality Act isn’t a threat to religious freedom. “You can’t hide behind religious rights to discriminate against different communities,” Soto says.
“If you are in the public domain, and interstate commerce, you need to make sure that all Americans have equal access,” he stresses. “It is overreaching to say that a local church, synagogue or mosque has to abide by ways that are not within their beliefs. There are reasonable limits to protect religious freedoms, without continuing this discriminatory regime we have across the nation against the LGBTQ community.”
“That concern has been raised in opposition to women’s rights, civil rights and now LGBTQ rights,” Crist adds. “We are ALL children of God, and we are called to treat ALL with respect and dignity. I try to follow the Golden Rule every day, which teaches do onto others as I would have done onto me – it’s just that simple, love one another. It’s because of my faith and my deep-rooted beliefs in justice and fairness that I am proud to support the Equality Act.”
Demings points toward the First Amendment in response to the legislation’s critics. Its Establishment Clause prohibits the government from encouraging or promoting religion in any way, which she notes includes anti-LGBTQ animosity.
“I am a proud woman of faith, but that faith calls on me to love my neighbor,” she explains. “I particularly lean on the scripture that reads, ‘and now abides faith, hope, love, these three, but the greatest of these is love.’”
Demings also cites an old saying, adding that “‘your liberty to swing your fist ends just where my nose begins.’”
The Equality Act’s path through the Senate and to Biden’s desk remains unclear. To avoid a filibuster, a legislative procedure that requires 60 votes to end debate on most of the chamber’s measures, 10 Senate Republicans will have to back the legislation.
While eliminating the rule – which critics have argued has been used to block civil rights legislation and hurt minorities for decades – would require the Democrats’ simple majority in the chamber, doing so has been met with criticism from members of both parties. That includes Democratic Sen. Kyrsten Sinema of Arizona, the Senate’s only openly bisexual member.
Filibuster reform remains an option, however, and both Biden and Merkley have said that they are open to it. As of press time the latter hopes to find 10 Republican supporters.
“Sen. Merkley has long taken the position that we need to fix the broken Senate and restore its ability to pass important legislation by simple majority – including legislation like the Equality Act,” his spokesperson told the Washington Blade after the Equality Act’s hearing.
“Given the urgency of the Equality Act,” she continued, “the fact that conversations within the caucus about filibuster reform are still ongoing, and the past Republican support for bills like the Employment Non-Discrimination Act, Sen. Merkley is focused right now on meeting with his Republican colleagues and pushing to find 60 votes to get full equality into law as soon as possible.”
Despite the uncertainty, LGBTQ advocates in Florida remain hopeful that the Equality Act will move forward. “Democrats control the Senate, which means that this time it might be possible to make the Equality Act into law,” Demings says. “Elections matter.”
Directly addressing her colleagues in the Senate, however, the representative is more succinct: “Do the right thing for our country and your legacy.”
For more information about the Congressional LGBTQ+ Equality Caucus and its members in Central Florida and Tampa Bay, visit LGBTQ.House.gov.
For more information about the LGBTQ+ Democratic Caucus and Equality Florida – including details about contacting Florida Senators Marco Rubio and Rick Scott about the Equality Act – visit LGBTQDems.org and EQFL.org.
