The Equality Act is all over the news and is scheduled for a vote this week in the U.S. House of Representatives. I have also received a number of questions from pastors and other ministry leaders about this legislation. Due to the number of articles on this legislation, I thought it would be helpful to provide a brief summary followed by the most likely outcome and some suggested talking points.
Summary
The Equality Act merits the widespread attention and concern it is receiving (sometimes, such matters get blown out of proportion). This law would establish sexual orientation and gender identity as protected classes in key provisions of the federal code; would essentially repeal Religious Freedom Restoration Act (“RFRA”) protections for ministries, and would use LGBTQ nondiscrimination provisions as a sort of sword against ministries that hold to the historic, orthodox Christian sexual ethic. There are other concerns as well, such as civil rights protections for women and girls and forced taxpayer funding of abortion, so this bill is as concerning as the coverage suggests.
Likely Outcome
Note that this act already passed the House of Representatives during the Trump administration, but it failed to pass the Senate. The chances of The Equality Act passing the Senate now are low due to the fact that it would require 60 votes (this legislation does not qualify for the budget reconciliation process). Senator Joe Manchin from West Virginia has also stated he will oppose this bill. I could, of course, be wrong about this analysis; and the Senate could do away with the filibuster. But most of the observers/sources I am speaking to believe the Equality Act will fail in the Senate. That said, supporters of the act will probably attempt to pass provisions of the Equality Act as riders on separate bills. So, we should remain vigilant on this issue. If the Equality Act does pass, the U.S. Supreme Court has recently handed down strong First Amendment precedent (for example Our Lady of Guadalupe School v. Morrissey-Berru upholding the ministerial exception) that can be used to challenge the law’s more onerous provisions.
Suggested Talking Points
I have advocated against such measures at the state and local level for a number of years, and I have found the following (1) quote and (2) summary helpful in explaining opposition to such bills to a more secular/progressive audience:
(1) Perhaps the strongest critique of the Equality Act’s lack of religious exemptions comes from none other than Justice Anthony Kennedy, who stated the following in Obergefell v. Hodges (the same-sex marriage case): “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.”
(2) In sum, every person should be treated with equal dignity and respect. But disagreement is not disrespect. And conformity of belief should not be the price of citizenship. Therefore, the Equality Act fails its own test–equal treatment under the law.
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