LGBTQIA+ AND THE LEGAL SYSTEM
U.S. LAW AND LEGISLATION ON LGBTQIA+
The Equality Act – Facts and Myths
The Equality Act would update federal law to include express and enduring nondiscrimination protections for Americans based on sexual orientation and gender identity across virtually every area of daily life.
The Equality Act is a bill in the United States Congress, that, if passed, would amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex, sexual orientation and gender identity in employment, housing, public accommodations, education, federally funded programs, credit, and jury service.
The Act: https://www.congress.gov/bill/117th-congress/house-bill/5/text
Passed the House of Representatives 2/25/2021, will go to Senate next.
LBGTQia+ Mapping in USA
LGBTQ people in the United States have families, work hard to earn a living, pay taxes, and serve their communities and their country. Recent research by Gallup finds that 4.5% of the adults in the United States identify as lesbian, gay, bisexual, or transgender. Applying these figures to the total number of adults in the U.S., this suggests that there are roughly 11 million LGBTQ adults nationwide.
This page is a collection of all MAP resources addressing the many aspects of LGBTQ people's lives. For more tailored results, please use the search function at the top of the site or select an issue or population from the Policy menu.
https://www.lgbtmap.org/policy-and-issue-analysis/lgbtq-people
Mapping LGBTQ Equality: 2010 to 2020 https://www.lgbtmap.org/file/2020-tally-report.pdf presents a fresh perspective on the current status of LGBTQ equality in the states by examining MAP’s policy tally, encompassing nearly 40 LGBTQ-related laws and policies across all 50 states, the District of Columbia, and the five U.S. territories as of January 1, 2020. The report also compares the current status of LGBTQ policy landscape to the status of these same laws as of January 1, 2010.
https://www.lgbtmap.org/2020-tally-report
Title VII of the Civil Rights Act of 1964 LANDMARK DECISION
Bostock v. Clayton County (2020) was a landmark United States Supreme Court civil rights case in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.
The plaintiff, Gerald Bostock, was fired after he expressed interest in a gay softball league at work. The lower courts followed the Eleventh Circuit's past precedent that Title VII did not cover employment discrimination protection based on sexual orientation. The case was consolidated with Altitude Express, Inc. v. Zarda, a similar case of apparent discrimination due to sexual orientation from the Second Circuit, but which had added to a circuit split. Oral arguments were heard on October 8, 2019, alongside R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, a similar question of Title VII discrimination under the Civil Rights Act relating to transgender persons.
On June 15, 2020, the Court ruled in a 6–3 decision covering all three cases that discrimination on the basis of sexual orientation or gender identity is necessarily also discrimination "because of sex" as prohibited by Title VII. According to Justice Neil Gorsuch's majority opinion, that is so because employers discriminating against gay or transgender employees accept a certain conduct (e.g., attraction to women) in employees of one sex but not in employees of the other sex.
The ruling has been hailed as one of the most important legal decisions regarding LGBT rights in the United States, along with Lawrence v. Texas (2003) and Obergefell v. Hodges (2015). Some legal analysts claimed that the case defined Gorsuch as a textualist in statutory interpretation, while others argued otherwise.
National Law Review Article: https://www.natlawreview.com/article/employers-understanding-supreme-court-s-title-vii-ruling
9 Landmark Supreme Court Cases That Shaped LGBTQ Rights in America
https://time.com/5694518/lgbtq-supreme-court-cases/
The United States has witnessed a remarkable shift in LGBTQ rights and visibility in the 50 years since the Stonewall uprising — and in just the last few years, LGBTQ people have won the right to marry, have hit a record high in representation on television and have seen the first openly gay major presidential candidate begin his campaign.
Regardless of how the justices rule in the cases, the court’s decisions would not be the first time that the Supreme Court made major decisions impacting LGBTQ people’s civil rights in the United States. Link above references nine of the most important cases.
Legislation Affecting LGBTQ Rights Across the Country 2021
Lesbian, gay, bisexual, and transgender people in America continue to face discrimination in their daily lives. While more states every year work to pass laws to protect LGBTQ people, we continue to see state legislatures advancing bills that target transgender people, limit local protections, and allow the use of religion to discriminate.
*Note: Bills are reported as Active below if they were introduced in their states' 2020 legislative sessions and have carried over to 2021. The status date indicates the convening of the state's 2021 session or the most current activity on a particular bill:
https://www.aclu.org/legislation-affecting-lgbtq-rights-across-country-2021
President Biden's Pro-LGBTQ Timeline
President Biden committed to being a champion for LGBTQ+ people every day in the White House, and he’s off to a historic start. From protecting people from discrimination to addressing the epidemic of violence against trans people to ensuring a safe future for LGBTQ+ youth, there’s so much good we can do together. We’re tracking every action taken by this White House to defend our communities and expand our rights.
https://www.hrc.org/resources/president-bidens-pro-lgbtq-timeline
