The House passed the Equality Act framework, taking LGBTQ + Americans one step closer to gaining legal protection against discrimination.
The Equality Act amends the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes, in addition to race, religion, sex and national origin.
The key civil rights bill passed a vote from 224 to 216, with three Republicans breaking with their party to join all Democrats supporting legislation. But the bill faces an uncertain future in the equally divided Senate, where Democrats will need 60 votes to break an obstruction in legislation.
“Without the Equality Act, this nation will never live up to its principles of freedom and equality,” said Democratic Representative Marie Newman of Illinois, who has a trans daughter, in the House floor on Wednesday.
“I am voting yes for the Equality Act for Evie Newman, my daughter and the strongest and most courageous person I know.”
Lesbian, gay, bisexual and transgender people often encounter prejudice in housing, credit, jury service and public spaces, as only 22 states and the District of Columbia prohibit discrimination based on sexual orientation and gender identity.
State legislatures regularly promote laws that limit local LGBTQ + protections. Since the beginning of the year, a dozen states have introduced or passed laws to prevent trans girls from participating in women’s sports leagues.
President Joe Biden I already said that I would sign the Equality Law if I manage to pass the Senate. “Each person must be treated with dignity and respect, and this bill represents a critical step in ensuring that the United States lives up to our fundamental values of equality and freedom for all,” said Biden in a statement last week.
Several Senate Republicans have voiced their opposition, including Mitt Romney of Utah, a former presidential candidate, who said he would oppose the bill unless he added a clause giving “strong protections to religious freedom”.
However, LGBTQ + advocates say they are confident that the bill will become law because of its popularity among the American public.
It is estimated that 83% of Americans are in favor of laws that protect LGBTQ + people from discrimination in jobs, public accommodation and housing, including 68% of Republicans, according to a survey by the Public Religion Research Institute.
“In a period of so much polarization, where else would you have more than 80% support for legislation?” said Janson Wu, executive director of the defense group Glaad. “This should be a ‘no-brainer’ for any legislator, regardless of their party.”
The House passed the Equality Act for the first time in 2019, but it was paralyzed in the Republican-controlled Senate during the Trump administration, which opposed the bill. Democrats won control of the Senate in the November elections.
Biden is a vocal advocate for LGBT + rights, in a clear departure from the Trump administration, which has banned transgender people from joining the army and issued orders emphasizing the importance of “biological sex” rather than gender identity.
Since taking office in January, Biden has signed an executive order stating that federal agencies must not discriminate against LGBT + people and has issued a memorandum with the aim of protecting LGBT + rights worldwide, including potentially through the use of sanctions.
Proponents of LGBTQ + praised Biden’s use of executive office, but reiterated the need for comprehensive legislation.
“We deserve more than temporary measures,” said Erin Uritus, chief executive of Out & Equal Workplace Advocates, in a statement.
“Transforming the Equality Act into land law is absolutely necessary to cement the protection of civil rights for LGBTQ Americans.”
Reuters contributed to this report