![]() The Equality Act would also fill important gaps in federal law by expanding existing sex discrimination protections to places of public accommodation and to federally funded programs. The Equality Act would codify the Supreme Court’s decision in Bostock and explicitly bring LGBTQ+ people under the protections of other sections of federal law, reaching beyond the workplace to public schools, housing, credit opportunities, juries, federally funded programs, and public accommodations (defined generally as public and privately-owned facilities that are open to the public). Clayton County, the Supreme Court held that Title VII of the 1964 Civil Rights Act, which (among other things) prohibits employment discrimination based on “sex,” extends to discrimination against employees based on their sexual orientation and gender identity and expression. The Equality Act would update existing federal civil rights laws by applying an inclusive definition of sex that encompasses sexual orientation as well as gender identity and expression. ![]() LGBTQ+ people face pervasive discrimination and lack basic equality protections under federal laws and the laws of 29 states. This policy brief explains what the Equality Act and the ERA would do, how they can work together, and why we need both. As the ERA gains renewed momentum and as sexual minority groups gain recognition and visibility in the sex equality movement, the same fear tactics that were used to stall the ERA in the 1970s and 1980s are being repurposed to once again pit women against each other, particularly when it comes to the Equality Act. Nevertheless, the Equal Rights Amendment and the Equality Act remain controversial. The United States is an outlier among modern democratic countries in not including these protections in our constitution and laws. ![]() Two pieces of legislation are pending in Congress that would strengthen legal protections against discrimination based on sex, sexual orientation, and gender identity: the Equal Rights Amendment (ERA) and the Equality Act. In 2021, these groups, among others, still lack fundamental equality under the law. When the United States Constitution was written in 1787, its defining phrase “We the people” did not include women, LGBTQ+ people, people of color, or immigrants. Send us feedback about these examples.(Scroll to the bottom of this page to download this policy brief as a pdf.) ![]() These examples are programmatically compiled from various online sources to illustrate current usage of the word 'constitutionality.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Greg Abbott, who has questioned the constitutionality of such a move. 2023 But their push to raise the purchasing age from 18 to 21 faces long odds amid Republican resistance, including from Gov. Cat Zakrzewski And Cristiano Lima, Anchorage Daily News, 9 Feb. 2023 States and the tech industry have called on the Supreme Court to weigh in on the constitutionality of the laws, after federal appeals courts issued conflicting rulings. Supreme Court a chance to revisit the Sullivan ruling and possibly overturn it. 2023 If the bills became law, their constitutionality would be challenged - giving conservatives on the U.S. Erin Cox, Washington Post, The district court sent the case to the Connecticut Supreme Court asking it to decide on the constitutionality of the Connecticut statute. Savage, Los Angeles Times, Last week, the Justice Department joined a lawsuit filed by three families against a similar law in Tennessee, challenging its constitutionality. Matt Ford, The New Republic, When the Supreme Court agreed in 2011 to rule on the law’s constitutionality, Common Cause said Thomas should recuse himself, citing his wife’s public role in fighting against the healthcare legislation. Emily Cochrane, New York Times, Writing for the majority, Justice Clarence Thomas rejected the idea that courts can consider a gun law’s costs and benefits to society when looking at its constitutionality. Recent Examples on the Web The judge temporarily blocked the law from going into effect in late March after a Memphis theater group challenged its constitutionality, but its passage has sown fear and confusion among drag performers that is unlikely to dissipate even if the law is overturned. ![]()
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