Civil Rights 2021
Critical Analysis
According to the data from the chart above, what percent of all Americans favor laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing?
According to the data from the chart above, how does party affiliation impact approval of laws protecting against discrimination based on sexual orientation?
According to the data from the chart above, Identify one trend (change over time) in the percent of Americans who favor laws protecting people from discrimination based on their sexual orientation.
What is the best explanation for that trend?
What is one political consequence of that trend?
The U.S. House of Representatives passed the Equality Act on Feb. 25, and the bill is now undergoing hearings in the Senate Judiciary Committee. The purpose of the Equality Act is to prohibit "discrimination based on sex, sexual orientation, and gender identity in areas including public accommodations and facilities, education, federal funding, employment, housing, credit, and the jury system." Based on the current configuration of Congress. Do you believe that the Senate will pass this bill?
Explain whether you personally support the Equality Act which protects Americans from discrimination based on sexual orientation?
Now imagine you were a Senator, what considerations, besides your own convictions, might impact your vote on this bill?
The EEOC (Equal Employment Opportunity Commission) enforces the prohibitions against employment discrimination in Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973, Titles I and V of the Americans with Disabilities Act of 1990 (ADA), Title II of the Genetic Information Non-discrimination Act (GINA), and the Civil Rights Act of 1991. These laws prohibit discrimination based on race, color, sex, religion, national origin, age, disability, and genetic information, as well as reprisal for protected activity. The Commission's interpretations of these statutes apply to its adjudication and enforcement in federal sector as well as private sector and state and local government employment. Explain how the EEOC and these various anti-discrimination acts illustrate the idea of checks and balances.
When unelected officials, such as bureaucrats in the EEOC, “adjudicate” (judge) whether activities are discriminatory, explain whether this is a violation of the concept of separation of powers.
The Civil Rights Act of 1964 outlaws discrimination based on race, color, religion, sex, national origin, but not sexual orientation. On June 15, 2020 The U.S. Supreme Court issued a landmark ruling, saying Title VII of the Civil Rights Act of 1964 protects gay and transgender workers from employment discrimination. Consolidating multiple cases, the 6-3 ruling in Bostock v. Clayton County affirms that federal employment protections cover LGBT employees. Now, the Supreme Court ruled that when it comes to “sex,” employment protections apply to LGBT individuals, as well. Describe what a judicial conservative ( judicial restraint) would say about this ruling?
The Equality Act would add to existing laws that currently protect people based on race, sex, religion, and other characteristics to include sexual orientation and gender identity. This law would ensure that LGBTQ people are protected from discrimination in key areas of life, including employment, housing, credit, education, and jury service. And it would also add protections based on sex, sexual orientation, and gender identity to use of public spaces and services and federally funded programs. The Equality Act would update current laws to prevent services that are open to the public, such as retail stores, banks, legal services, and transportation services, from refusing service for LGBTQ people. It prevents businesses from using religious objections as a basis for refusing service to LGBTQ people. But The Supreme Court’s opinion in Bostock points to protections for religious viewpoints in Title VII’s exemption for religious organizations, stating that the First Amendment “can bar the application of employment discrimination laws ‘to claims concerning the employment relationship between a religious institution and its ministers.’”34 Explain whether you believe there should be an exemption that allows people to discriminate in the name of religion.
Critics of this bill, like Senator Mitt Romney of Utah argue against this bill. The Ethics & Religious Liberty Commission of the Southern Baptist Convention has "worked tirelessly" to defeat the Equality Act, saying, "This bill would substantially undermine religious liberty protections in the United States." The conservative Heritage Foundation announced, "A federal sexual orientation and gender identity law would empower the government to interfere in how regular Americans think, speak, and act at home, at school, at work and at play. Any bill promoting such authoritarianism is a danger to our freedoms." This bill creates a collision between “religious freedom” and discrimination protection. Make a claim about which side of this argument you support.
Based on the visuals below, describe how demographics impact support for non-discrimination laws?*
Learning Extension
Listen to this NPR story about what the Equality Act would do.
Action Extension
Contact the U.S. Senators representing your state and let them know how you would like them to vote on the Equality Act.
