U.S. lawmakers should pass the Equality Act and give LGBTQ Americans overdue protections | Opinion
For defenders of equity and human dignity, it’s been a good couple of weeks. And this week, Congress can — and should — make further progress.
President Biden has signed an executive order preventing and combating discrimination on the basis of gender identity or sexual orientation. This positive step establishes the new administration’s stance toward ending entrenched discrimination in our country and directs government to take affirmative steps to securing parity — in particular, enforcing the June 2020 decision of Bostock v. Clayton County, Georgia, throughout all federal agencies.
In Bostock, the Supreme Court held that Title VII’s prohibition on discrimination “because of . . . sex” covers discrimination on the basis of gender identity and sexual orientation. After Bostock was decided, several federal agencies, including the Department of Education, sought to diminish Title VII by arguing it didn’t apply in controversial matters, such as sex-separated bathrooms, locker rooms and athletic teams. That myopic and cowardly view shouldn’t stand. Thankfully, this administration concurs.
In the Sunshine State, the Florida Commission on Human Rights (FCHR) issued a ruling, introduced by Commissioner Monica Cepero — a former board member of my organization, Safeguarding American Values for Everyone, or SAVE — that protects LGBTQ individuals from discrimination at the state level. The FCHR will investigate complaints about sex-based discrimination in housing, employment and public accommodations, inclusive of gender identity and sexual orientation, just as Bostock did. This is particularly momentous given Florida’s history of questionable policies toward diverse communities, and a Legislature that often prioritizes conservative values over individual liberties.
Although we should celebrate these positive developments and acknowledge such progress, this is not a time to grow complacent. Unfortunately, executive orders can be easily overturned by future administrations. To ensure LGBTQ people are permanently protected from discrimination, we must codify these policies into Florida law by passing a statewide non-discrimination ban that includes protections for the LGBTQ community. We must also push against hate and prejudice in other areas, for instance, banning the dangerous practice of conversion therapy and modernizing HIV disclosure laws.
This week, the U.S. House of Representatives is scheduled to vote on the Equality Act. It would amend several existing civil-rights laws — including the Fair Housing Act, Equal Credit Opportunity Act, Jury Selection and Services Act and several other laws regarding employment with the federal government. New language would specifically include sexual orientation and gender identity as protected characteristics. The Equality Act would also amend the Civil Rights Act of 1964 and prohibit discrimination in public spaces and services, as well as in federally funded programs, on the basis of sex. SAVE supports this initiative and has worked side by side with Florida advocates and elected officials to help get passed since 2009, when the bill was first introduced.
SAVE is committed to doing its part. It’s important, and nobody said this work would be easy. During Black History Month, we remember the words of Dr. Martin Luther King Jr.: “The arc of the moral universe is long, but it bends towards justice.”
Orlando Gonzales is executive director of SAVE.
