Explainer: House votes in favor of the Equality Act

On Thursday the U.S. House of Representatives voted in favor of a controversial bill titled the Equality Act. This legislation, filed as H.R. 5, seeks to expand the definition of “sex” to include “sexual orientation” and “gender identity” (SOGI) and would revise every title of the Civil Rights Act of 1964 to add these categories as new protected classes in the federal code. (See also: What is the Equality Act? and The Equality Act: A dangerous law with a clever name)

The vote was 224-206, with all Democrats and three Republicans voting in favor of the legislation. The Republicans who voted for the act were Brian K. Fitzpatrick of Pennsylvania and John Katko and Tom Reed of New York.

Last Congress, the Equality Act passed in the House, but did not come up for a vote in the Senate. When the House voted for the bill in 2019, the vote was 236-173, with 23 representatives not voting. Eight Republicans joined every Democrat to vote for passage of the legislation. The eight members of the GOP to vote for the bill were Mario Diaz-Balart of Florida, Susan Brooks of Indiana, John Katko, Tom Reed, and Elise M. Stefanik of New York, Greg Walden of Oregon, Brian K. Fitzpatrick of Pennsylvania, and William Ballard Hurd of Texas. Fitzpatrick and Katko were also co-sponsors of the bill.

This Week at the ERLC

What You Need to Read

Jason Thacker and Josh Wester with Should Amazon be able to ban books?

In our view, Amazon is completely wrong for removing this book from the marketplace. Not only did Amazon violate its own stated policy of including content it deems objectionable, but it did so to deny users access to a countervailing argument to the ideology it deems in vogue. No one needs to be protected from a robust and informed public debate.

David Prince with Will the Equality Act be the end of female sports?

In athletics, a refusal to account for biological, sex-dependent differences will legally enshrine inequality in sports. In addition to being unfair, it is insulting and demeaning to females when we proceed as if biological males are the standard by which they ought to evaluate themselves. Acknowledging biological differences in athletic competition is as necessary as acknowledging differences in age.

Jared Crabtree with Helping parents navigate conversations about race

The calling we have as Christian parents is to help shape the worldview of our children towards one that increasingly reflects the heart and mission of God. This includes talking about things like personal integrity, love for neighbor, generosity, and peacemaking. As a parent to four young children, I’m convinced this must also include conversations about race and justice.

News From Capitol Hill

While H.R. 5, also known as the Equality Act, unfortunately passed the House of Representatives yesterday, its future path to become law remains uncertain. The bill will require 60 votes in the Senate to overcome the filibuster in order to bring it to a floor vote. In its current form, the Equality Act would likely fall short of this threshold.

Commenting on the debate over H.R. 5, Russell Moore said:

“The Equality Act is poorly named because, among other negative effects, it would punish faith-based charities for their core religious beliefs. Every human being ought to be treated with dignity, but government policy must continue to respect differences of belief. The Equality Act would have harmful consequences, and it should not be passed into law. Congress would make the situation worse in this country with this legislation, both in terms of religious freedom and in terms of finding ways for Americans who disagree to work together for the common good.”

The ERLC opposes H.R. 5 because it would punish faith-based charities for their core religious beliefs about human dignity and marriage, undermine civil rights protections for women and girls, and force Americans to fund abortion through taxpayer dollars.

For more on why Christians should oppose this harmful legislation, see our Equality Act resource page where you can find articles, podcasts, and our policy brief.

In days ahead, our policy team will continue to promote and defend the human dignity and religious liberty of all people on Capitol Hill, before the courts, and in the public square.

Featured Podcasts

This week, Questions and Ethics re-launches on the Russell Moore Podcast. Dr. Moore talks about what you should do when your family is divided over politics and gives advice on how to talk to combative family members about difficult political issues. He also shares some practices that we can use to not inflame the relationships, even as we communicate truth.

On Capitol Conversations, Katie Glenn from Americans United for Life joins Jeff and Chelsea to talk about the abortion policies hidden in the Equality Act, the pro-life movement in state legislatures, and how the promotion of justice for life-affirming laws requires supporting good legislation while also opposing bills that are harmful to the common good.

From The Public Square

Southern Baptists oust 2 churches over LGBTQ inclusion
Associated Press

The Southern Baptist Convention has ousted two churches over policies deemed to be too inclusive of LGBTQ people and two more for employing pastors convicted of sex offenses.

Supreme Court to review Trump curbs on abortion clinics, immigration
Politico

The court will take up the abortion "gag rule" and public charge policies, both of which Biden is expected to reverse.

Arkansas Senate approves bill banning nearly all abortions
Associated Press

The Arkansas Senate has approved a measure banning nearly all abortions in the state, despite objections to it not allowing the procedure for victims of rape or incest.

Advocating for Persecuted Christians Should Be a Non-Partisan Issue
Sarah Bassil, Providence

As the United States continues its political transition, many in the human rights advocacy community anxiously await tangible signs, beyond rhetoric, that the cause of international religious freedom will remain a policy priority for the Biden administration.