Two Laws That Protect Citizens against Equality

No person shall be a Senator or a member of Congress or an elector of the President or Vice President, or hold any civil or military office in the United States or in any State, after taking the oath, as a member of Congress or as an officer of the United States, or as a member of a state legislature or as an executive or judicial officer of a state, supporting the Constitution of the United States, participating in insurrection or rebellion against it, or aiding or comforting enemies. But Congress can remove this obstruction by a two-thirds vote of each chamber. Proponents also argue that the bill would cement protections that might otherwise be left open to interpretation. When the U.S. Constitution was drafted in 1787, the term defining «We the People» did not include women, LGBTQ+ people, people of color, or immigrants. In 2021, these groups, among others, still do not have fundamental equality before the law. Two bills pending before Congress that would strengthen legal protections against discrimination based on gender, sexual orientation and gender identity: the Equal Rights Amendment (ERA) and the Equality Act. The validity of the legally authorized public debt of the United States, including debts incurred for the payment of pensions and bonuses for services rendered in suppressing insurrections or rebellions, must not be questioned. But neither the United States nor any state may assume or pay any debts or obligations incurred in support of any insurrection or rebellion against the United States, nor any claim for the loss or liberation of a slave; But all these debts, obligations and claims are declared illegal and void.

The ERA aims to strengthen and modernize the fundamental principle of equality, which is at the heart of the U.S. Constitution. Historically, gender equality has been driven and defined by the contributions of Black, queer, trans and gender non-conforming people, not just cisgender white women. [22] In addition, Black and queer women have led the most critical phase of the revitalization of the ERA, and the ERA is now more relevant than ever to gender equality for sexual minorities and groups outside the gender binary. [23] This law would explicitly enshrine this protection against discrimination on the basis of sexual orientation and gender identity in law, rather than anchoring this protection under the umbrella of «gender.» However, the Equality Act would also significantly extend this protection. The principles of feminism and transgender rights are grounded in the shared ethos of equality, dignity, bodily autonomy and self-determination, and challenge conventional gender norms that lock all marginalized genders into second-class status. The unity and diversity of the ERA movement is its greatest strength and should be used to build a robust and sustainable movement for equality for all, rather than appealing to a notion of rights that privileges the most privileged among us. When House Democrats introduced the bill last week, Biden reiterated his support in a statement: «I urge Congress to expedite passage of this landmark bill,» he wrote. Every person must be treated with dignity and respect, and this law is a crucial step in ensuring that America lives up to our core values of equality and freedom for all.

(«Public accommodation» is also a category that the bill expands to include, for example, online retailers and transportation providers. For this reason, many types of discrimination that the Civil Rights Act currently prohibits – such as racial or religious discrimination – would now be explicitly covered in these types of institutions.) On the basis of the nature of the alleged discrimination, the person must first prove that the management body actually discriminated against him. The person must prove that the action of the management body resulted in actual harm to the person. Once the court has proven this, it will usually look at the government action in one of three ways to determine whether the government agency`s action is permissible: these three methods are called rigorous audit, intermediate review and basic rational review. The court decides what test the person will be subjected to, relying on precedent to determine the level of control to be applied. It is important to note that the courts have combined elements of two of the three criteria into one point test. The ERA grew out of the early days of the women`s movement and was first proposed to Congress in 1923 — nearly 100 years ago — after the ratification of the 19th Amendment, which guaranteed women`s right to vote. Feminist leader Alice Paul and others believed that without explicit constitutional protection, women would never be fully protected by our laws. In June 2020, the Supreme Court in Bostock v. Clayton County ruled that Title VII of the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity because they are types of discrimination based on sex. While this landmark decision is a crucial step in the fight against discrimination against LGBTQ+ people, the Equality Act is still needed.

There are other elements of the act that did not come into force in October 2010, but could come into force in the future. Section nine of the South African Constitution guarantees equality and prohibits public and private discrimination. It obliges the national government to legislate to prohibit discrimination, and a bridging clause required the law to enter into force by 4 February 2000, three years after the constitution came into force. The Equality Act was approved by the President on 2 February 2000; It was enacted at the same time as two other laws also required by the Constitution: the Promotion of Access to Information Act (PAIA), which deals with freedom of information, and the Promotion of Administrative Justice Act (PAJA), which deals with justice in administrative law. [14] Deadly violence against the transgender and gender non-conforming community in 2020, Human Rights Campaign, www.hrc.org/resources/violence-against-the-trans-and-gender-non-conforming-community-in-2020 (last visited June 24, 2021). Equal Pay Act 1963. The Equal Pay Act 1963 protects men and women from wage discrimination on the basis of sex in the payment of wages or benefits who perform substantially the same work in the same establishment. See EEOC Guidelines on Equal Pay and Compensation. The Equality Act will also expand public housing protection for people of color, women and believers. The Equality Act would also strengthen civil liberties protection for other protected groups, including people of color, women, people with disabilities and believers, by extending protection from discrimination to public housing. The Civil Rights Act of 1991.

The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve federal civil rights laws and to provide for the recovery of damages for intentional discrimination in the workplace. «Rob opposes all forms of discrimination, and he also believes it is important that Congress not undermine the protection of religious freedom,» his office said in a statement. «He will review any legislation if and when it comes to a vote in the Senate.» Protection from discrimination in the Human Rights Act is not «autonomous.» To assert this right, you must prove that the discrimination has affected your enjoyment of one or more other legal rights. However, you do not have to prove that this other human right has actually been violated. In the 50 years since Congress adopted the ERA, society`s understanding of the importance of equality has evolved considerably. The fears so effectively weaponized by anti-ERA activists — LGBTQ+ rights, military service for women, and gender-neutral restrooms, for example — were widely accepted as necessary aspects of an egalitarian society and materialized without destroying the family, as opponents of the ERA had predicted. [13] The law provides a legal framework to protect the rights of individuals and promote equal opportunities for all. Anti-LGBTQ+ discrimination also contributes to the psychological inequalities faced by LGBTQ+ youth. 75% of LGBTQ+ youth say they have experienced discrimination because of their sexual orientation or gender identity. Discrimination and bullying take a toll on a young person`s mental health, and more than half of all transgender and non-binary teens say they have seriously considered suicide in the past year. To combat bullying and discrimination in schools, the Department of Education has announced that it is taking steps to expand protection for LGBTQ+ students in schools across our country, but federal legislation is needed to codify this protection.

The Due Process Clause of the Fifth Amendment requires the U.S. government to provide equal protections. The equality clause of the Fourteenth Amendment requires States to exercise equal protection.