The bill essentially nullifies federal and state religious freedom protections by handing authority to the U.S. Department of Justice to interpret and investigate claims of discrimination. For example, the bill cites “conversion therapy” as a form of “discrimination”. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections.
The piece of anti-science legislation ignores biological science and create a "protected" class of those who identify as homosexual based on their belief in their sexual identity alone, while providing the federal government the power to punish disbelief among skeptics and religious dissenters. The Heritage Foundation explains, "By silencing the scientific debate on transgender-affirming therapies through the politicization of medicine, the Equality Act would further normalize this radical protocol, and create an expectation that parents comply."
The bill codifies progressive beliefs into absolute legal standards. The language is already obsolete, as it limits “sexual orientation” identity to heterosexual, homosexual, and bisexual. The LGBT designation currently includes dozens of sexual identities and orientations.
Thomas F. Farr of "Real Clear Religion warns,
"Supporters of the Equality Act claim it will increase equality in America, but it will actually harm one of the most fundamental rights we all share as Americans – religious freedom. It purports to ban discrimination, but it actually bans disagreement...The Act..would add sexual orientation and gender identity (SOGI) to classes protected under the Civil Rights Act, such as race and sex...Race is an immutable characteristic unconnected to distinctive behaviors or expressions. By contrast, behaviors and expressions are part of SOGI identities...Can the rejection of SOGI behaviors and expressions be tolerated in America?
The law would devastate institutions built on those convictions, such as schools, charities, small businesses, hospitals, and houses of worship. The Act will expose persons or groups holding these beliefs to lawsuits and financial ruin. The law will mark them – like racists – as “hateful” and “bigoted.”..A sampling of likely harms foreshadows an America of increasing government coercion, some of which is already happening. Schools with traditional policies on sex and marriage will lose their tax exemptions and be forced to change or close. Adoption agencies seeking to place children with married mothers and fathers will be forced to shut down. Females will have to compete in sports and share locker rooms with biological males. Small businesses that cannot in good conscience participate in same-sex weddings will be driven out of business."
Justification for the The Act is significantly based upon a number of non-referenced specious claims, including allegations of discrimination in they are actually favored over a conservative and to fulfill PC quotas, or in which the cause may only be not established but is simply alleged (how many housing applicants are told the real reason for denial), or that of alleged effects of discrimination which can be explained as having a different cause (such the disorder that is behind their gender confusion and suicidal tendencies), or in which their is sound medical or moral reasons for discrimination and in which the solution itself would foster discrimination.
H.R.5 - Equality Act
The Equality Act reads (in part),
- (1) Discrimination can occur on the basis of the sex, sexual orientation, gender identity...
- (2) discrimination against a married same-sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the two individuals in the couple, or both....
- (3) Lesbian, gay, bisexual, transgender, and queer (referred to as “LGBTQ”) people commonly experience discrimination in securing access to public accommodations...providers including adoption and foster care providers...Forms of discrimination include...unequal or unfair treatment...
- (7) The discredited practice known as “conversion therapy” is a form of discrimination that harms LGBTQ people by undermining individuals sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second class status.
- (8) Both LGBTQ people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance.
- (9) Federal courts have widely recognized that, in enacting the Civil Rights Act of 1964, Congress validly invoked its powers under the Fourteenth Amendment to provide a full range of remedies in response to persistent, widespread, and pervasive discrimination by both private and government actors.
- (11) An explicit and comprehensive national solution is needed to address such discrimination, which has sometimes resulted in violence or death, including the full range of remedies available under the Civil Rights Act of 1964.
- (14) LGBTQ people often face discrimination..LGBTQ people in same-sex relationships are often discriminated against...transgender people often encounter discrimination..
- (15) transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness.
- (16) LGBTQ people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity.
- (17) Numerous studies demonstrate that LGBTQ people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people.
- (18) attorneys discriminating against LGBTQ individuals, or those perceived to be LGBTQ, in jury selection.
- (19) Although same-sex couples are 7 times more likely to foster or adopt than their different-sex counterparts, many child placing agencies refuse to serve same-sex couples and LGBTQ individuals.
- (20) LGBTQ youth are overrepresented in the foster care system by at least a factor of two and report twice the rate of poor treatment while in care compared to their non-LGBTQ counterparts. LGBTQ youth in foster care have a higher average number of placements, higher likelihood of living in a group home, and higher rates of hospitalization for emotional reasons and juvenile justice involvement than their non-LGBTQ peers...
- SEC. 3. Public accommodations.
(a) Prohibition on discrimination or segregation in public accommodations.—Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended—... (4) any establishment that provides a good, service, or program...
- SEC. 208. Rule of construction.
(2) shall not be construed to be limited to a physical facility or place.”.
- SEC. 701A.
Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended— (1) in the section header, by striking “sex,” and inserting “sex (including sexual orientation and gender identity) ["sex is likewise expanded to sexual orientation and gender identity in all other sections where the code had simply sai "sex"]. (3) in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.”
- SEC. 1101. Definitions and Rules.
“(1) RACE; COLOR; RELIGION; SEX; SEXUAL ORIENTATION; GENDER IDENTITY; NATIONAL ORIGIN.—The term ‘race’, ‘color’, ‘religion’, ‘sex’ (including ‘sexual orientation’ and ‘gender identity’), or ‘national origin’, used with respect to an individual, includes— “(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and “(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual.
- (2) GENDER IDENTITY.—The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth...
- “(2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity."
- SEC. 1107. Claims.
“The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) 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.”.
- SEC. 12. Juries.
(a) In general.—Chapter 121 of title 28, United States Code, is amended—... “(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of the individual.”;
Passed the House of Representatives May 17, 2019.
- Thomas F. Farr (May 16, 2019) The Equality Act Will Harm Religious Freedom RealClearReligion.org. Retrieved Mon, 02/10/20
- 116th Congress (05/20/2019)H.R.5 - Equality Act 116th Congress