A group of lawmakers in North Carolina has proposed a package of 4 bills that would improve life for LGBTQ people in the state. The first bill would repeal House Bill 2, also known as the state’s ‘bathroom bill.’ The second piece of legislation would put into place statewide non-discrimination protections for LGBTQ people. The third bill would outlaw so-called ‘conversion therapy,’ the dangerous pseudo-science that attempts to change a person’s sexual orientation or gender identity. And the fourth bill would prohibit the use of the ‘gay panic’ or ‘trans panic’ defense in legal cases which attempts to justify killing or harming someone because of their sexual orientation or gender identity. “No one should worry that they can’t buy a home because of who they love or be denied a haircut or a hotel room because of their gender identity,” Rep. Vernetta Alston (D-District 29) told the local ABC News affiliate. Kendra Johnson of Equality NC added, “For too long LGBTQ North Carolinians have lived in the shadow of archaic and outdated laws that impact everyone in our community.” Lawmakers say they are ‘hopeful’ the bills have momentum to pass, but I’ll note that the Republican-controlled state legislature hasn’t previously given queer people much to believe in.
Judge Tomato Takebe of the Sapporo District Court said in his ruling, “Legal benefits stemming from marriages should equally benefit both homosexuals and heterosexuals.” Takebe added that the prohibition violates Article 14 of Japan’s constitution which bans discrimination “because of race, creed, sex, social status or family origin.”
In addition to the emotional distress of being treated like second-class citizens, same-sex couples are also financially harmed by the ban.
Without the right to marry, same-sex couples have no parental rights to children, and can’t inherit their partner’s estate (houses, property, assets). Even for couples who marry abroad, without recognition in Japan binational couples don’t have access to visas which could force them to live separately.
The court case was brought by three same-sex couples who filed their lawsuit seeking financial compensation for the challenges they’ve faced.
While the plaintiffs won on the broader issue of the right to marry, Judge Takebe declined to grant their request for financial compensation.
Attorneys for the couples say they plan to appeal the ruling in regard to the damages sought for compensation.
Today's landmark decision in Japan marks the first-ever ruling affirming the freedom to marry in the country's history! Now it's time for the National Diet to finish the job – and extend marriage to all loving families in Japan! 🇯🇵 pic.twitter.com/xE0g8Zhj8B
The ruling doesn’t bring about any real change at this point, but with four similar lawsuits making their way through courts in Tokyo, Osaka, Nagoya and Fukuoka, it’s sure to help set legal precedent.
Japan is the only member of the G7 nations (France, Germany, Italy, Japan, United States, United Kingdom, and Canada) where same-sex marriages have not become legal.
In May 2019, Taiwan became the only country in Asia to legally embrace marriage equality.
Like the Equality Act, Stewart says his bill, titled the Fairness For All Act (FFAA), would expand existing federal laws regarding anti-LGBTQ discrimination – but with some HUGE differences.
• Under the FFAA, faith-based adoption agencies would continue to receive federal funds but could refuse to place children with potential LGBTQ parents under the guise of ‘religious freedoms.’
• Similarly, religious schools would be allowed to discriminate against LGBTQ people.
• Additionally, while the Equality Act clearly states transgender people would have access to bathrooms and locker rooms that align with their gender identity, the FFAA is vague on the issue.
• The FFAA would include an exemption that would allow businesses to refuse to serve LGBTQ people if they have fewer than 15 employees.
• While the Equality Act specifies the 1993 Religious Freedom Restoration Act (RFRA) could not be used as a legal defense in court against cases of anti-LGBTQ discrimination, the FFAA would allow religious beliefs to justify discriminatory actions.
In other words, what’s the point?
Unfortunately the @GOP's Fairness for All Act licenses anti-LGBTQ discrimination in certain circumstances. https://t.co/A7ExaTYPoc
"…any store, shopping center, or online retailer or provider of online services that has 15 or more employees…" According to the Small Business & Entrepreneurship Cncl, 89% of firms had <20 employees. Nearly 5 million companies not covered https://t.co/T5aUKXGONb
“It is hard to really love our neighbors when we are fighting with them over whose rights are more important,” said Rep. Stewart in a statement. “This country can accommodate both civil liberties for LGBT individuals & religious freedom.”
Stewart’s bill has 21 Republican co-sponsors but no Democrats signed on to the legislation even though Stewart initially indicated the bill would have bipartisan support.
Zero Dems included in the Fairness for All Act list of 21 original co-sponsors, despite earlier signals from Rep. Chris Stewart it would have bipartisan support. https://t.co/MhIfAOjVro
Rep. David Cicilline (D-RI), the sponsor of the Equality Act, told the Washington Blade that the FFAA would “very clearly be worse than nothing.”
“For the first time in our history, it would actually put in federal statute provisions that permit discrimination against the LGBTQ community,” Cicilline told the Blade. “It would be a tremendous step backward, which is why it’s not supported by any major LGBT organization, all of the major LGBT organizations support the Equality Act.”
“The Stewart bill is a tremendous step backward in our fight for full equality,” added Cicilline.
Rep. Cicilline told me this week the Fairness for All Act would be “worse than nothing” because of the carve outs.
Cicilline added he “would hope” supporters of LGBTQ rights don’t back it when I asked if it was OK for Democrats to co-sponsor.
There better not be any damn democrats who vote for this bullshit!!!🤬 And no, the "Fairness for All Act" is *not* better than nothing. If The Equality Act fails in Senate, we must keep trying. Our #LGBTQ rights aren't up for negotiation or compromise! 🏳️🌈🏳️⚧️ https://t.co/5Hh6ZiU3D9
As expected, the Equality Act, which would amend current federal laws to outlaw discrimination against LGBTQ people, passed in the House of Representatives today. With 3 Republicans voting with all Democrats, the vote was 224-206. Today’s Republican votes were Reps. Tom Reed (NY), John Katko (NY) and Brian Fitzpatrick (PA). Conservatives argue the Equality Act would interfere with their right to discriminate against LGBTQ people based on ‘religious liberty.’ Half of LGBTQ people in the U.S. live in the 29 states that lack comprehensive, statewide protections. As a result, discrimination is still commonplace – and legal. Currently, a person can be denied housing because of their sexual orientation or gender identity in 27 states; denied access to education in 31 states; and the right to serve on a jury in 41 states. The legislation was previously approved in the House in 2019. On May 17, 2019, the vote (236-173) carried with 8 Republicans voting in favor of the bill and no Democrats opposing. Former Senate Majority Leader Mitch McConnell never allowed a vote on the bill in the Senate. GLAAD President and CEO Sarah Kate Ellis: “The House passage of The Equality Act is a victory for all Americans and for our country’s core values of equal treatment under law. This landmark civil rights law secures those protections for every LGBTQ person, to live without fear of discrimination. An overwhelming majority of Americans already support laws protecting LGBTQ people from discrimination, including Americans of all faiths. We are now calling on Senate leaders to come together to finish the work for what is right and just for all Americans. Any Senator against The Equality Act is not only complicit with LGBTQ discrimination, but grossly out of touch with the bill’s widespread, bipartisan public support. It is time to move together to ensure LGBTQ people have the chance to belong, to participate and to succeed in all areas of American life.” Kierra Johnson, Executive Director, National LGBTQ Task Force: “We applaud the House vote on the Equality Act, and but we now look to the Senate and begin in earnest what should be a bipartisan effort to protect LGBTQ people. This is what we know: LGBTQ people in 29 states are not protected by anti-discrimination laws. This patchwork of equality is indefensible – the Equality Act must be passed by the Senate so all LGBTQ Americans will be protected from discrimination. It could not be more clear: current civil rights laws leave LGBTQ people, women, people of color and people of faith vulnerable to discrimination. The Equality Act can right this wrong and take the country one step closer to living its promise of ‘liberty and justice for all’ and truly mean it.” David J. Johns, executive director of the National Black Justice Coalition: “We applaud the House for supporting this bill once again, as it did in 2019, and urge the Senate to follow suit. As Black History Month concludes, we implore Senators to vote in favor of the Equality Act like their lives depend on it, as ours do.”
BREAKING: The #EqualityAct has passed the House of Representatives with bipartisan support. We are one step closer to ensuring that every person in America is treated equally under the law. pic.twitter.com/A94SFVfQkz
BREAKING: The House has voted 224-206 to pass the #EqualityAct, which would protect LGBTQ people in areas including in housing, education, public accommodations and access to credit. pic.twitter.com/89tiZEflzb
BREAKING: The U.S. House of Representatives has passed the Equality Act, which enshrines protections for LGBTQ Americans into federal law! We applaud the LGBTQ members of the House for their dedication to this fight, and we urge the Senate to pass this critical bill immediately. pic.twitter.com/jSQMNz29mk
Today, we are one step closer to a future where every LGBTQ person can live their lives free from the fear of discrimination. Proud to be an original co-sponsor of this legislation.🏳️🌈 — Rep. Ilhan Omar (@Ilhan) February 25, 2021
I applaud Congressman David Cicilline and the entire Congressional Equality Caucus for introducing the Equality Act in the House of Representatives yesterday, and I urge Congress to swiftly pass this historic legislation.
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.
Full equality has been denied to LGBTQ+ Americans and their families for far too long. Despite the extraordinary progress the LGBTQ+ community has made to secure their basic civil rights, discrimination is still rampant in many areas of our society.
The Equality Act provides long overdue federal civil rights protections on the basis of sexual orientation and gender identity, locking in critical safeguards in our housing, education, public services, and lending systems — and codifying the courage and resilience of the LGBTQ+ movement into enduring law.
On my first day in office, I was proud to sign an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. I directed agencies to implement the Supreme Court’s Bostock ruling, and fully enforce Title VII of the Civil Rights Act of 1964 and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.
Now, it’s time for Congress to secure these protections once and for all by passing the Equality Act — because no one should ever face discrimination or live in fear because of who they are or whom they love.
The Equality Act, formally reintroduced in the House on Thursday, would ban anti-LGBTQ+ discrimination throughout the nation. The act would amend existing civil rights laws to ban discrimination based on sexual orientation and gender identity. The legislation passed in the House in 2019 with a bipartisan 236-173 vote but was never given a vote in the Senate. (via WhiteHouse.gov)
In a letter to colleagues, House Majority Leader Steny Hoyer (D-MD) indicated that the Equality Act will be taken up as soon as next week. From the Washington Blade:
“Other legislation coming to the floor next week are two bills that passed through the House last Congress: a wilderness package and the Equality Act, which will end legal discrimination against LGBTQ Americans,” Hoyer writes.
In addition to the explicit declaration that anti-LGBTQ discrimination is a form of sex discrimination in employment, education, housing, jury service and credit, the Equality Act would amend the Civil Rights Act of 1964 to prohibit discrimination on the basis of sex and LGBTQ status in public accommodations and federal programs.
Further, the Equality Act would expand the definition of public accommodations under federal civil rights law to include retail stores, banks, transportation services, and health care services. The legislation would also establish that the Religious Freedom Restoration Act — a 1994 law aimed at protecting religious liberty — can’t be used to enable anti-LGBTQ discrimination.
The House approved the Equality Act in 2019, but then-Senate Majority Leader Mitch McConnell (D-KY) refused to allow a vote on the legislation in the Senate.
President Joe Biden President Joe Biden issued a presidential memorandum on Thursday aimed at promoting and protecting LGBTQ rights abroad. From the White House, the memorandum reads, in part:
“All human beings should be treated with respect and dignity and should be able to live without fear no matter who they are or whom they love. Around the globe, including here at home, brave lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists are fighting for equal protection under the law, freedom from violence, and recognition of their fundamental human rights.
“The United States belongs at the forefront of this struggle — speaking out and standing strong for our most dearly held values. It shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world.
“Through this memorandum, I am directing all agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBTQI+ persons.”
The memorandum goes on to list specific actions to be taken abroad: 1. Combating Criminalization of LGBTQI+ Status or Conduct Abroad. 2. Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers. 3. Foreign Assistance to Protect Human Rights and Advance Nondiscrimination. 4. Swift and Meaningful United States Responses to Human Rights Abuses of LGBTQI+ Persons Abroad. 5. Building Coalitions of Like-Minded Nations and Engaging International Organizations in the Fight Against LGBTQI+ Discrimination. 6. Rescinding Inconsistent Policies and Reporting on Progress. During the presidential campaign, Biden made promoting and protecting LGBTQ rights abroad a key issue in his LGBTQ platform. Read the full memorandum at WhiteHouse.gov.
President Biden issues a historic memorandum committing the US to promote LGBTQ rights on the international stage. https://t.co/BMkfxEwCcM
UPDATE: President Joe Biden has signed an executive order repealing Donald Trump’s ban on transgender Americans serving in the U.S. military.
“President Biden believes that gender identity should not be a bar to military service, and that America’s strength is found in its diversity,” read a statement from the White House.
“Allowing all qualified Americans to serve their country in uniform is better for the military and better for the country because an inclusive force is a more effective force,”
“Simply put, it’s the right thing to do and is in our national interest.”
In addition to reversing Trump’s ban on transgender service members, Biden’s executive order requires corrections to the record of any soldier affected by the ban. A Gallup poll conducted in June 2019 showed 71% of Americans support allowing transgender Americans to openly serve in the military.
Today, I repealed the discriminatory ban on transgender people serving in the military. It’s simple: America is safer when everyone qualified to serve can do so openly and with pride.
President Biden fulfilled another crucial pledge, repealing the transgender military ban to ensure everyone who’s qualified to serve in the military can do so openly and free from discrimination. pic.twitter.com/b24PHI9OII
— National Center for Transgender Equality (@TransEquality) January 25, 2021
CBS News reports that the Biden administration is expected to repeal the ban on transgender military servicemembers as soon as Monday.
The senior Defense official told CBS News the repeal will be through executive order signed by President Joe Biden.
The announcement is expected to take place at a ceremony with newly-confirmed Defense Secretary Lloyd Austin, who will order the Pentagon to go back to the policy enacted in 2016 by former Defense Secretary Ash Carter that allowed transgender Americans to serve openly.
Biden mentioned his plan to reverse the trans ban often on the campaign trail. “I truly believe, Senator, that as I said in my opening statement, that if you’re fit and you’re qualified to serve and you can maintain the standards, you should be allowed to serve,” Secretary Austin said during his Senate confirmation hearing. “And, you can expect that I will support that throughout.” Donald Trump instituted the transgender military ban in July 2017 as part of a deal with a group of House Republicans. The GOPers threatened to block funding of Trump’s Mexico wall if he didn’t prohibit the U.S. military from paying for or supplying healthcare for trans service members. Trump took the request further and banned any new transgender applicants from serving. Over 20 retired generals and admirals denounced the policy saying the ban was “a troubling move backward.”
Biden expected to repeal Trump’s transgender military ban as soon as Monday. https://t.co/C1FnWSD6kh
Ending the trans military ban is huge for trans service-members & veterans, but also for everyone who wants a future free of discrimination. We are proud to have worked on this with the Biden team and so many tireless trans advocates. https://t.co/07e3oMrMbg
— National Center for Transgender Equality (@TransEquality) January 24, 2021
President-elect Joe Biden Just hours after taking the oath of office, President Joe Biden signed 17 executive orders including one prohibiting LGBTQ discrimination in all federal agencies. The first paragraph of the executive order states, “All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.” The order instructs the head of each agency to “review all existing orders, regulations, guidance documents, policies, program or other agency actions” that prohibit sex discrimination to revise and amend such policies to include banning discrimination on the basis of sexual orientation and gender identity. The order cites the Supreme Court ruling for Bostock v. Clayton Countywhich was handed down on June 15, 2020. The 6-3 decision found that Title VII of the Civil Rights Act of 1964 protects employees on the basis of their gender identity or sexual orientation because such animus is a form of “sex discrimination” which is clearly prohibited under the Civil Rights Act. In the seven months since the ruling, the Trump administration chose to not implement the ruling. That inaction was consistent with most of the Trump administration’s policies regarding LGBTQ rights and protections.
President Biden just issued an executive order protecting Americans against discrimination on the basis of sexual orientation and gender identity — a turning point in our fight for equality under the law. https://t.co/fSuxT8dF8w
Biden’s executive order is more expansive than just the Bostock ruling, however. The order notes that, under Bostock’s reasoning, “laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, the Fair Housing Act, and section 412 of the Immigration and Nationality Act — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.” Biden also addresses how discrimination can often overlap with other forms of prohibited discrimination including animus based on the basis of race or disability. The language specifically notes that “transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence.”
These protections ensure people like Gerald Bostock, who took his case to the Supreme Court after being fired for expressing interest in an LGBTQ softball league, are able to work without fear of being fired because of who they are or whom they love. pic.twitter.com/YkFHLmQIPW
The executive order is a great start – especially seeing our new president addressing LGBTQ concerns on his first day on the job. But the order will have limitations in that some civil rights legislation doesn’t name sex as a protected class. That makes the passage of the Equality Act, which would expand all federal civil rights laws to include sexual orientation and gender identity protections. Biden has promised to sign the Equality Act, which would add LGBTQ protections to existing federal civil rights laws, into law within his first 100 days. But the impending second impeachment trial of Donald Trump may slow things down a bit. The Senate Judiciary committee, which would oversee the Equality Act bill, is the same committee now tasked with the impeachment proceedings. Additionally, Senate Democrats will need ten Republican colleagues to vote in favor of the bill since there’s the 60 vote threshold required to close debate and move to a vote. Jen Psaki, the new White House press secretary, told the Washington Blade that President Biden plans on issuing an executive order in the next few days that would reverse the Trump administration’s ban on military service by transgender Americans. Other executive orders signed Wednesday reversed Trump’s Muslim travel ban, stopped construction of the Mexico border wall, and rejoining the Paris climate agreement.
President Biden signs first three executive orders in the Oval Office including face mask mandate for federal properties and re-joining the Paris Climate Accord. pic.twitter.com/dtvYm61UF6
With President-elect Joe Biden’s inauguration less than a week away, queer folks may wonder what LGBTQ promises he’ll be able to fulfill in the often-referenced ‘first 100 days.’
On a conference call with LGBTQ leaders prior to the holidays, Biden’s team repeated his intention to order the reversal of the transgender ban on military service on January 20, according to the Washington Blade.
The policy, initiated by President Trump via tweet in July 2017, could take up to a year to fully reverse.
But with cases of COVID-19 surging across the country and an unexpected second impeachment trial of Donald Trump, other legislative goals might take longer than previously thought.
The big ticket item for LGBTQ advocates is the passage of the Equality Act, which would add sexual orientation and gender identity as protected classes to the Civil Rights Act of 1964. The legislation would ban discrimination against LGBTQ people on a federal level.
I want every member of the LGBTQ+ community to know you are loved and accepted just as you are — whether you've come out or not. I'll fight every day in the White House to create a country where you can live open, proud, and free — without fear. #NationalComingOutDay
The bill was passed during the last session of Congress in the House, but Senate Majority Leader Mitch McConnell blocked the legislation from reaching the Senate floor for a vote.
Initially, Biden hoped to have the Equality Act signed into law within 100 days of taking office. And with the Democrats in control of both the House of Representatives and the Senate, passage certainly looks more promising.
But the Senate Judiciary Committee, which would be tasked with handling the legislation, is the same committee that will now have to deal with the impending Trump impeachment trial. LGBTQ advocates told the Blade that, given the current circumstances, granting Biden some leeway would be understandable. “I think we’ve gotten the commitments that we expected and hoped for and sought from the Biden team and from legislative leadership, and what that means for us now is holding them accountable, but also understanding that the country, our democracy, and the ability of people to actually live is going to take priority,” one LGBTQ advocate told the Blade. Others, however, are not so easily assuaged. “The notion that our government can only focus on one thing at a time isn’t acceptable,” said another activist. “You can’t have the agenda and policy goals that Biden does and not have the process to move faster.” LGBTQ leaders will probably see the Equality Act brought up for a vote in at least one chamber of Congress as Speaker of the House Nancy Pelosi (D-CA) had indicated she would bring the bill back to the floor during the first 100 days of the Biden administration. Once the Senate does turn its attention to the Equality Act, another hurdle will be finding at least 10 Republican Senators to support the bill. Sixty votes are required to overcome the legislative filibuster and move to a vote. Wrangling those votes isn’t an impossibility, but could take time. So far, the only moderate Republican senator to signal support has been Sen. Susan Collins (R-ME). But she might be having second thoughts as the Human Rights Campaign pulled their support for her reelection this fall and endorsed her opponent. Collins has been reported as somewhat bitter over the breakup. Aside from the trans military ban and the Equality Act, though, Biden will also be able to advance LGBTQ interests through executive orders. For instance, Biden could sign an executive order directing federal agencies to fully adopt the U.S. Supreme Court’s ruling in Bostock v. Clayton County. That decision found anti-LGBTQ discrimination to be a form of sex discrimination and therefore illegal under existing civil rights law. One Democratic insider told the Blade that dozens of executive orders have already been drafted, although it’s not clear if the directive to implement the Bostock decision is among them at this point.
Let me be clear: LGBTQ+ rights are human rights — and “LGBT-free zones” have no place in the European Union or anywhere in the world. https://t.co/zc8YvSq6iN
Other LGBTQ campaign promises expected to be addressed in the early days of the new administration include issuing a presidential memorandum prioritizing support for LGBTQ human rights in the first week. Additionally, Biden promised “on his first day in office” to restore Obama-era guidance to the Department of Education ensuring transgender students having access to bathrooms, locker rooms and sports consistent with their gender identity. Biden is also expected to name in a White House LGBTQ liaison to help oversee LGBTQ initiatives in the early days of the administration, and as well as a State Department envoy for international LGBTQ rights. (source: Washington Blade)
A group of lawmakers in North Carolina has proposed a package of 4 bills that would improve life for LGBTQ people in the state. The first bill would repeal House Bill 2, also known as the state’s ‘bathroom bill.’ The second piece of legislation would put into place statewide non-discrimination protections for LGBTQ people. The third bill would outlaw so-called ‘conversion therapy,’ the dangerous pseudo-science that attempts to change a person’s sexual orientation or gender identity. And the fourth bill would prohibit the use of the ‘gay panic’ or ‘trans panic’ defense in legal cases which attempts to justify killing or harming someone because of their sexual orientation or gender identity. “No one should worry that they can’t buy a home because of who they love or be denied a haircut or a hotel room because of their gender identity,” Rep. Vernetta Alston (D-District 29) told the local ABC News affiliate. Kendra Johnson of Equality NC added, “For too long LGBTQ North Carolinians have lived in the shadow of archaic and outdated laws that impact everyone in our community.” Lawmakers say they are ‘hopeful’ the bills have momentum to pass, but I’ll note that the Republican-controlled state legislature hasn’t previously given queer people much to believe in. 
