The Equality Act (H.R. 5) would expand the definition of protected classes in federal law to include “sexual orientation and gender identity.” Regarding the latter, the bill explicitly states that “an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual’s gender identity.” That is, males who identify as females would be able to use the public restrooms, locker rooms, and dressing rooms of females — and vice versa. Moreover, the bill not only fails to include religious exemptions (e.g., allowing a church adoption agency to refuse placing children with homosexual couples), but explicitly states that the Religious Freedom Restoration Act of 1993 cannot be used as a defense against the bill’s applications.
The House passed the Equality Act on February 25, 2021 by a vote of 224 to 206 (Roll Call 39). We have assigned pluses to the nays because of the harm it would cause to heterosexual children and adults, as well as threatening religious freedom and the right of association.
