On February 25, the U.S. House of Representatives passed the Equality Act in a 224 - 206 vote with the support of all Democrats and three Republicans. The Act, which has been the center of controversy, aims to expand the rights and protections of LGBTQ individuals.

When the bill was introduced to the House, Biden reiterated his support for the expansion of LGBTQ rights, despite the previous administration’s divisive rollbacks of protections for the LGBTQ community. The policy was a front runner during Biden's presidential campaign and he vowed to take action on the matter within his first 100 days. Biden shared in a statement about the bill, "I urge Congress to swiftly pass this historic legislation." He adds, "Every person should be treated with dignity and respect, and this bill represents a critical step toward ensuring that America lives up to our foundational values of equality and freedom for all."

What is the Equality Act?

Under the Equality Act, the Civil Rights Act of 1964 would be amended so that the definition of “sex” is expanded to include gender identity and sexual orientation. Protections afforded to individuals under the Civil Rights Act will now be afforded to individuals who identify as LGBTQ as well. The Act would make it illegal for discrimination to occur in the workplace, when looking for housing, accessing education, performing jury duty, when seeking federally funded programs, and in other capacities.

The bill would also protect against discrimination in terms of “public accommodations.” The public accommodations include protection against discrimination in public spaces such as retail stores and when receiving services. The bill has expanded the definition of “public accommodations” to include transportation providers and online retail stores as well.

The Human Rights Campaign, one of the biggest proponents for LGBTQ protections, argues in favor of the bill. The HRC explains in part, “Our nation’s civil rights laws protect people on the basis of race, color, national origin, and in most cases, sex, disability, and religion. But federal law does not explicitly provide non-discrimination protections based on sexual orientation or gender identity. The need for these protections is clear—nearly two-thirds of LGBTQ Americans report having experienced discrimination in their personal lives.”

Republicans Push Back

Republicans have been clear with their opposition to the bill. Many have expressed their concern that expanding civil rights to include protections for individuals who identify as LGBTQ would be an infringement on religious freedom. Republicans are especially leery of the legislation because the Equality Act is currently written so that the law would trump the Religious Freedom Restoration Act (RFRA), thus limiting religious freedoms according to some. If a claim was made under the Equality Act, then an individual or entity would not be able to use RFRA as a defense against the claim.

University of Virginia law professor Douglas Laycock highlights the possible implications of the Equality Act. Laycock states, "It protects the rights of one side, but attempts to destroy the rights of the other side. We ought to protect the liberty of both sides to live their own lives by their own identities and their own values."

The Act will make its way to the Senate to be voted on. It is unclear whether or not the bill will pass through the Senate. This will be the Equality Act's second round through Congress. The bill last made its way through Congress in 2019 under the Trump administration, where the Republican majority shot it down.