P SC- Biggest Problem Essay

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Civil Rights When we hear civil rights, we often think of Martin Luther King Jr's “I have a dream” speech, or Rosa Parks’ refusal to move from the front of the bus to the back of the bus simply due to the color of her skin. When The Civil Rights Act of 1964, that made segregation and discrimination based on race color, religion, sex, or national origin illegal was passed it, it was immediately seen as the hallmark of the Civil Rights Movement (Liptak). However, it still lacks inclusion based on gender identity and sexual orientation. Just as before with discrimination based on race, protections on LGBT individuals is up to the states. I would like to argue that the biggest problem facing America today is the lack of protections for its LGBT citizens. Some people say that LGBT individuals do not need protections because they are widely accepted and can now get married, but there are not only a total of 32 states nationwide that lack clear non-discriminatory protects for the LGBT community, it has been reported that up to two thirds of LGBT individuals have faced discrimination in their lives (Human rights Campaign “Map: How Many States Still Lack Clear Non-Discrimination Protections.”). Lacking legal protections leaves millions of LGBT individuals at risk of discrimination, with no law to address the issue. In some states it is legal to fire someone because they are LGBT, LGBT individuals can be denied housing or services, and LGBT individuals, specifically Transgender Individuals, lack protections in public accommodations (Human Rights Campaign “Map: How Many States Still Lack Clear Non-Discrimination Protections.”). Following the stonewall riots in the late 1960’s, advocacy of equal rights for LGBT individuals took off, eventually leading to the removal of homosexuality as a mental disorder in 1973 by the American Psychiatric Association (CNN Library). In 1974 Kathy Kozachenko became the first openly gay individual to hold any elected office (CNN Library). Later in 1975 the first federal gay rights bill was introduced, but

was never brought to a vote (CNN Library). To this date however, no such federal protection bill has been passed to include full non-discrimination protections for LGBT individuals. Today I would like to provide a few solutions to this problem of LGBT civil rights, and then conclude with my opinion on the best route for the United States of America. One solution I propose to solve this problem of LGBT civil rights, would be to pass the Equality Act. the Equality Act would amend current civil rights law to extend protections to LGBT individuals, This includes “the Civil Rights Act of 1964, the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services Act, and several laws regarding employment with the federal government” (Human Rights Campaign, Equality Act). This would expand protections to LGBT individuals and would also expand what is protected under federal law. Some argue that passing this act would not stop discrimination from happening and only give false hope. But proponents of the act say that anti-discriminatory laws are effective at reducing discrimination in a given population (Human Rights Campaign, Equality Act). They also argue that the majority of Americans support the Equality Act, as much as 70% (Human Rights Campaign, Equality Act). The Equality Act has been endorsed by many democratic senators and representatives as the Democratic Party has taken this act under its wings. Another solution to the gay rights issue is to let the courts decide whether existing laws protect LGBT people from discrimination. Last year there was a court hearing where a skydiving instructor claims that he was fired because he was gay, and his lawyer claims that The Civil Rights Act of 1964 protects him from discrimination ( Liptak). Chief Judge Robert A. Katzmann from the US court of appeals recently wrote for the majority saying “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination” (Liptak). This new interpretation of the Civil rights Act if agreed by the Supreme Court, could

cause the nation to finally legally protect LGBT individuals from discrimination. This case alone however would not grant protections for transgender individuals as it is just ruling dealing directly with sexual orientation and not gender identity. There is another case that the Supreme Court is also looking at the same time. Ms. Stephens worked at a funeral home for six years, she let her colleagues know that she will start dressing like a woman to work to reflect her inner self, and this is what got her fired (Liptak). The court ruled in her favor saying “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex,” and that “Discrimination ‘because of sex’ inherently includes discrimination against employees because of a change in their sex” (Liptak). If the Supreme Court agrees on this case, then the Civil Rights Act of 1964 would also protect Transgender individuals from discrimination (Liptak). While this may seem like a long shot, and the case is still not ruled on, it is a viable way for LGBT individuals to gain some protections they lack. The final solution that I am mentioning is the current status quo to leave this problem of civil rights up to the states. Chad Greene, a writer at the federalist, argues that protections for LGBT individuals, especially when it comes to the equality act, “poses a major risk to those who value religious freedom, state independence, and women’s rights”. He fears that the language in the Equality Act is too vague when it comes to public accommodations, and could potentially be used to force churches to marry gay couples (Greene). Greene, a man, goes on to state that this hurts women's right to go to the bathroom due to the act changing bathroom definitions to including one's own gender identity, insinuating that this could harm women (Greene). While some states have provided protections for LGBT individuals, others have not. So allowing the states to decide allows for discrimination and does not solve the problem as a whole. In the long

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term this solution could be viable nationwide, but it would hurt many LGBT individuals in the short term, allowing legal discrimination in our society. In my opinion, I think passing the equality act would be the best option for LGBT individuals and other people who face discrimination as it not only includes protections covered in the Civil Rights Act of 1964, but also adds “retail stores and services like bank and legal services and transportation services” (Human Rights Campaign, Equality Act). The equality act would also be beneficial because it covers a wide variety of discrimination as it amends more than just the Civil Rights Act of 1964. This would make the ramifications of the equality act larger than if the courts decide that the Civil Rights Act of 1964 includes protections of LGBT individuals. It would also serve as a clear voice to the world that we as a country are decisive when it comes to LGBT civil rights and that we will protect our own citizens. Passing the Equality act would also immediately affect all of America, instead of playing the long game, and have all the states individually pass anti-discrimination laws.

Works Cited CNN Library. “LGBT Rights Milestones Fast Facts.” CNN , Cable News Network, 1 Apr. 2019, www.cnn.com/2015/06/19/us/lgbt-rights-milestones-fast-facts/index.html . Greene, Chad. “How The Equality Act Threatens Speech, Religion, And Women's Rights.” The Federalist , 1 Apr. 2019, www.thefederalist.com/2019/04/01/called-equality-act-threatens- freedom-speech-religion-womens-rights/ . Human Rights Campaign. Equality Act . HRC, 12 Mar. 2019, assets2.hrc.org/files/assets/resources/EqualityAct_TwoPager_Coalition.pdf? _ga=2.109205062.231338630.1556120972-2066778107.1556120972. Human Rights Campaign. “Map: How Many States Still Lack Clear Non-Discrimination Protections.” HRC, www.hrc.org/blog/map-how-many-states-still-lack-clear-non- discrimination-protections . Liptak, Adam. “Supreme Court to Decide Whether Bias Law Covers Gay and Transgender Workers.” The New York Times , The New York Times, 22 Apr. 2019, www.nytimes.com/2019/04/22/us/politics/supreme-court-gay-transgender- employees.html .

P SC- Biggest Problem Essay

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