Discrimination

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Legislation & Policy

Equality Act

URGENT ACTION: Tell Your Senators to Vote for the Equality Act!

The Equality Act (H.R. 5) would prohibit discrimination based on an individual’s sexual orientation or gender identity in employment, housing, credit, education, public accommodations (things like restaurants, hotels, and theaters), and jury service. It would also prohibit discrimination based on sex, sexual orientation, and gender identity in programs receiving federal funding. The bill was passed by the House of Representatives in the last Congress in May 2019 with a bipartisan vote of 236 to 173 but was blocked from consideration in the Senate by then-Majority Leader Mitch McConnell. The bill was reintroduced by Rep. David Cicilline (RI-1) and Sen. Jeff Merkley (OR) in the 117th Session of the United States Congress on February 18, 2021. A vote is expected in the House shortly, with action following soon after in the Senate.

NCLR has played a leading role in drafting the Equality Act and working for its eventual passage. We have partnered with Black and Pink and others to educate Congress and the public on the Act’s potential to reform the U.S. criminal legal system for LGBTQ people and people of color.

Currently, only 22 states have non-discrimination protections that fully protect LGBTQ individuals. According to the Center for American Progress, more than 1 in 3 LGBTQ Americans have reported facing some form of discrimination within the past year, with the number increasing to 3 in 5 for transgender individuals. This discrimination often causes substantial harm to the psychological and economic wellbeing of the LGBTQ community and creates undue difficulties for many LGBTQ people in accessing medically necessary healthcare – most dramatically for the transgender population and people of color.

The most recent polling from the nonpartisan Public Religion Research Institute (PRRI) shows that more than 80 percent of all Americans (including a majority of Democrats, Independents, and Republicans) support comprehensive nondiscrimination protections that include LGBTQ individuals. FiveThirtyEight has also similarly found that President Biden’s executive order mandating that federal agencies implement the Supreme Court’s ruling in Bostock v. Clayton County in nondiscrimination policies was the most popular of his early executive actions, with the support of an overwhelming 83% of Americans.

More than 600 national, state, and local organizations have signed on to urge the swift passage of the Equality Act, in addition to a broad coalition of faith-based groups and 335 major corporations, showing the breadth of support the legislation has maintained since its passage in the House in 2019. NCLR is a member of the Freedom and Opportunity for All coalition (along with 16 other partner organizations) advocating for the urgent passage of the Equality Act.

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Legislation & Policy

FAMILY Act

The FAMILY Act would establish a national paid leave insurance program. Specifically, it would provide eligible employees with up to 12 weeks of partial income to address their own serious health condition, including pregnancy or childbirth; to deal with the serious health condition of a parent, spouse, domestic partner or child; to care for a new child; and/or specific military care-giving and leave purposes.

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Legislation & Policy

Housing Equality

The National Center for Lesbian Rights has always been committed to the principle that sexual orientation, gender identity, or marital status should never impact access to housing for people and their families. NCLR’s policy and legislative efforts on equal access to housing have focused on ensuring that all LGBTQ people and families have access to safe, affordable, and fair housing in whatever community they choose to live. Our work has included partnering with the Department of Housing and Urban Development (HUD), the Department of Agriculture (USDA), the White House, and other agencies charged with administering housing programs and services to prohibit discrimination in housing.

NCLR has likewise been dedicated to decreasing instances of homelessness and housing insecurity in the LGBTQ community, particularly among LGBTQ youth. Studies estimate that up to 40% of homeless youth identify as LGBTQ. NCLR is committed to finding legislative and policy solutions that target this epidemic. This has included working closely with HUD, the Department of Health and Human Services (HHS), the Department of Justice (DOJ), and other agencies to raise awareness of the prevalence of homelessness in the LGBTQ community and advocate for regulatory changes to address it.

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Legislation & Policy

Transgender Elder Law Clinic

In collaboration with the L.A. Gay and Lesbian Center, NCLR organized one of the first transgender-specific elder law clinics in March 2013. NCLR organized volunteer attorneys and advocates from the L.A. Gay and Lesbian Center, Transgender Law Center, Mexican American Legal Defense and Education Fund, Legal Aid Foundation of L.A., Neighborhood Legal Services of Los Angeles County, Inner City Law Center, and private attorneys. The clinic provided information and resources (in English and Spanish) regarding Medicare, Medi-Cal, Social Security, General Assistance and veterans’ benefits, healthcare, identity documents, housing, immigration, and employment rights. NCLR specifically presented workshops on employment, housing, and benefits for transgender elders.

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Cases & Advocacy

Gender and Sexuality Alliance v. Spearman

NCLR and co-counsel filed a federal lawsuit challenging a South Carolina statute that prohibits public school health education from including any discussion of same-sex relationships except in the context of sexually transmitted diseases. The district court entered a consent decree and judgment declaring the challenged provision unconstitutional and barring its enforcement in South Carolina.

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