Monday, February 10, 2020

The proposed Federal "Equality Act"


The "Equality Act "reads (in part)
  • (1) Discrimination can occur on the basis of the sex, sexual orientation, gender identity...
  • (2) discrimination against a married same-sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the two individuals in the couple, or both....
  • (3) Lesbian, gay, bisexual, transgender, and queer (referred to as “LGBTQ”) people commonly experience discrimination in securing access to public accommodations...providers including adoption and foster care providers...Forms of discrimination include...unequal or unfair treatment...
  • (7) The discredited practice known as “conversion therapy” is a form of discrimination that harms LGBTQ people by undermining individuals sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second class status.
  • (8) Both LGBTQ people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance.
  • (9) Federal courts have widely recognized that, in enacting the Civil Rights Act of 1964, Congress validly invoked its powers under the Fourteenth Amendment to provide a full range of remedies in response to persistent, widespread, and pervasive discrimination by both private and government actors.
  • (11) An explicit and comprehensive national solution is needed to address such discrimination, which has sometimes resulted in violence or death, including the full range of remedies available under the Civil Rights Act of 1964.
  • (14) LGBTQ people often face discrimination..LGBTQ people in same-sex relationships are often discriminated against...transgender people often encounter discrimination.,.
  • (15) transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness.
  • (16) LGBTQ people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity.
  • (17) Numerous studies demonstrate that LGBTQ people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people.
  • (18) attorneys discriminating against LGBTQ individuals, or those perceived to be LGBTQ, in jury selection.
  • (19) Although same-sex couples are 7 times more likely to foster or adopt than their different-sex counterparts, many child placing agencies refuse to serve same-sex couples and LGBTQ individuals.
  • (20) LGBTQ youth are overrepresented in the foster care system by at least a factor of two and report twice the rate of poor treatment while in care compared to their non-LGBTQ counterparts. LGBTQ youth in foster care have a higher average number of placements, higher likelihood of living in a group home, and higher rates of hospitalization for emotional reasons and juvenile justice involvement than their non-LGBTQ peers...
  • SEC. 3. Public accommodations. (a) Prohibition on discrimination or segregation in public accommodations.—Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended—... (4) any establishment that provides a good, service, or program...
  • SEC. 208. Rule of construction. (2) shall not be construed to be limited to a physical facility or place.”.
  • SEC. 701A. Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended— (1) in the section header, by striking “sex,” and inserting “sex (including sexual orientation and gender identity) ["sex is likewise expanded to sexual orientation and gender identity in all other sections where the code had simply sai "sex"]. (3) in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.”
  • SEC. 1101. Definitions and Rules. (2) GENDER IDENTITY.—The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
  • “(2) (with respect to gender identity) 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."
  • SEC. 1107. Claims. “The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”.
  • SEC. 12. Juries. (a) In general.—Chapter 121 of title 28, United States Code, is amended—... "(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of the individual.”
  • Passed the House of Representatives May 17, 2019. ____________ Rep. Cicilline, David N. [D-RI-1] (Introduced 3/13/2019) Committees: House - Judiciary; Education and Labor; Financial Services; Oversight and Reform; House Administration | Senate - Judiciary Committee Reports: H. Rept. 116-56 Passed the House of Representatives May 17, 2019. Latest Action: Senate - 05/20/2019 Received in the Senate and Read twice and referred to the Committee on the Judiciary. (All Actions) Roll Call Votes: There have been 2 roll call votes
    _______________________________________________
Commentary

Justification for the The Act is largely based upon a number of non-referenced specious claims, including allegations of discrimination in they are actually favored over a conservative and to fulfill PC quotas, or in which the cause may be not established but is simply alleged (how many housing applicants are told the real reason for denial), or that of alleged effects of discrimination which can be explained as having a different cause (such the disorder that is behind their gender confusion and suicidal tendencies), or in which there is sound medical or moral reasons for discrimination and in which the solution itself would foster discrimination

(2) discrimination against a married same-sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples...

That is us and the likes of Jack Phillips (Masterpiece bakery)

(3) Lesbian, gay, bisexual, transgender, and queer (referred to as “LGBTQ”) people commonly experience discrimination in securing access to public accommodations.

Based upon who? Rather, most places of employment, especially higher paying jobs, LGBTQ they are given favored treatment due to homophobia (fear of the homosexual political powers that be) or desire to be politically correct. And "The Act" will nuke the The Religious Freedom Restoration Act of 1993 (see under SEC. 1107. Claims).

Forms of discrimination include...unequal or unfair treatment..

Sometimes even if contrived. Yet it is not unfair to vehemently and deeply financially persecute (including requiring censorship and a form of "re-education") men such as Jack Phillips who would not be complicit in celebrating a illegal (even according the state constitution at the time) marriage by consenting to contract a special cake for that express purpose. Which means that The Act would broadly sanction such.

And under government health care, this could lead to the removal of children (such as might profess Biblical non-PC morality) from conservative parents under the premise of concern for their psychological health, which the State is responsible for.

(7) The discredited practice known as “conversion therapy” is a form of discrimination that harms LGBTQ people

Meaning it is not permitted to show and say it is harmful to not convert, while this outlawing of conversion therapy (yet funding the murder of children without their consent) would discriminate against those who want it.

people by undermining individuals sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second class status.

Which is exactly what sodomy abundantly results in , via this being the means of HIV transmission in over 80% of men who are infected with it. And with Medicaid (for those enrolled in it) paying for treatment for it or PReP prevention of it (about 2,000 a day).

(8) Both LGBTQ people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance.

Again, it is safe to say that places of employment fear being accused of such, and this may even be the reason for hiring them (esp. if combined with race), versus their qualifications.

(9) Federal courts have widely recognized that, in enacting the Civil Rights Act of 1964, Congress validly invoked its powers under the Fourteenth Amendment to provide a full range of remedies in response to persistent, widespread, and pervasive discrimination by both private and government actors.

Which seems to be a can of worms I am not qualified to deal with. Yet the The Religious Freedom Restoration Act of 1993 is to be stripped.

(11) An explicit and comprehensive national solution is needed to address such discrimination, which has sometimes resulted in violence or death,

Rather, if a consensual integral religious practice such as the Lord's supper was the cause of HIV transmission in over 80% of cases among men, and or a greatly incidence of infectious diseases, at significant cost to taxpayers for treatment or prevention, then "an explicit and comprehensive national solution" would be called for to deal with it, versus preventing discrimination against those who insist on it being affirmed as well as those who promote it.

(14) LGBTQ people often face discrimination..LGBTQ people in same-sex relationships are often discriminated against...transgender people often encounter discrimination..

Which undocumented mantra is simply repeated, while in 2019 the New Your Times reported that same-sex couples earn significantly more money than their straight counterparts, although a LGBTQ compiler states (undocumented) that low income people are more likely to identify as LGBT than higher income people, yet people of color are more likely than whites to identify as LGBT, and which has as a prime cause the typical dysfunction of the black family (over 72% of kids born out of wedlock), which has been fostered by liberalism.

(15) transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness.

Which claim can only be based upon a presumption that discrimination is the cause, rather than the tragic disorder that is behind gender dysphoria and transgenderism also leaves such as less qualified for employment. Likewise that the increased suicide rate among lesbians is due to discrimination, versus issues that are behind being a lesbian.

(16) LGBTQ people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity.

Which undocumented claim is again specious, and based upon a presumption that discrimination is the cause, rather than what most likely is the cause, which is the same reason straight people are denied the same. Credit card companies care about the color of money and whether they will make a profit off those they lend it to.

(17) Numerous studies demonstrate that LGBTQ people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people.

Likewise many straights are economically disadvantaged and at a higher risk for poverty compared with other groups of people, such as those from the South, and typically evangelicals. And percentage-wise, more blacks I.D. as LGBTQ than whites. But again, the claim is based upon a presumption that the cause of the problem is not related to the cause being the condition of the those it presents as victims.

(18) attorneys discriminating against LGBTQ individuals, or those perceived to be LGBTQ, in jury selection.

Which is a fallacious argument, since there are two sides choosing, and while one lawyer can reject those perceived to be LGBTQ, the other can choose such, and may indeed if that was the reason for the rejection by the opposition. Thus the issue is whether peremptory challenges should be allowed.

(19) Although same-sex couples are 7 times more likely to foster or adopt than their different-sex counterparts, many child placing agencies refuse to serve same-sex couples and LGBTQ individuals.

And again, many child placing agencies may choose to serve same-sex couples and LGBTQ individuals (in MA the government official boasted of this), especially over conservative Christians. Yet if same-sex couples are not favored, their is certainly a valid reasons for this in the light of the negative moral and medical consequences of it.

(20) LGBTQ youth are overrepresented in the foster care system by at least a factor of two and report twice the rate of poor treatment while in care compared to their non-LGBTQ counterparts. LGBTQ youth in foster care have a higher average number of placements, higher likelihood of living in a group home, and higher rates of hospitalization for emotional reasons and juvenile justice involvement than their non-LGBTQ peers...

Once again this claim can only be based upon a presumption that discrimination is the problem, rather than being due to psychological issues that are behind and concomitant with gender dysphoria and transgenderism and LGBTQ orientation and often very manifest. And requiring the adoption of such by those desirous of adopting is not the answer. And is inconsistent with the liberal argument that mothers should be able to abort children that are undesirable to her.

SEC. 3. Public accommodations....(4) any establishment that provides a good, service, or program... (2) shall not be construed to be limited to a physical facility or place.”.

Sounds broad enough to include churches. Even meeting outside, and thus requiring the hiring of LGBTQ ministers.

"individuals are recognized as qualified in accordance with their gender identity..". "appearance, mannerisms,”

That is so plastic that it does not even include a permanent status. So Sunday school teacher Mr. Morphis decides he is a women and tells his class to address him as her cannot be disfellowshipped, while those to call him by his bioID are fined.

“(2) (with respect to gender identity) 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."

There is it. Now Mr. Morphis can use the ladies room, and those who object will be the criminals.

SEC. 1107. Claims. “The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”.

This is BIG. "Covered title" apparently refers to the above codes, and which apparently means that RFRA must bow to the image of The Act.

"(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of the individual

"A perception or belief, even if inaccurate," means that the gov., equates what one professes his sexual I.D. to be as if it were a religious belief, except the "sincerely held" need not be established.

Passed the House of Representatives May 17, 2019.

Meaning that our elected leaders have sadly acted like the house of Baal, and want to require all to effectively salute the flag of Sodom.


Thomas F. Farr of "Real Clear Religion warns ,
 

Supporters of the Equality Act claim it will increase equality in America, but it will actually harm one of the most fundamental rights we all share as Americans – religious freedom. It purports to ban discrimination, but it actually bans disagreement...The Act..would add sexual orientation and gender identity (SOGI) to classes protected under the Civil Rights Act, such as race and sex...Race is an immutable characteristic unconnected to distinctive behaviors or expressions. By contrast, behaviors and expressions are part of SOGI identities...Can the rejection of SOGI behaviors and expressions be tolerated in America?

The law would devastate institutions built on those convictions, such as schools, charities, small businesses, hospitals, and houses of worship. The Act will expose persons or groups holding these beliefs to lawsuits and financial ruin. The law will mark them – like racists – as “hateful” and “bigoted...”

A sampling of likely harms foreshadows an America of increasing government coercion, some of which is already happening. Schools with traditional policies on sex and marriage will lose their tax exemptions and be forced to change or close. Adoption agencies seeking to place children with married mothers and fathers will be forced to shut down. Females will have to compete in sports and share locker rooms with biological males. Small businesses that cannot in good conscience participate in same-sex weddings will be driven out of business. (Thomas F. Farr (May 16, 2019) The Equality Act Will Harm Religious Freedom, RealClearReligion.org). 

 
Even the moderate "Institutional Religious Freedom Alliance, Inc."  (IRFA warns,

the Equality Act explicitly undermines the main federal law that protects religious freedom, the Religious Freedom Restoration Act of 1993 (RFRA)...

 The Equality Act, by contrast, would prohibit appeals to RFRA when a religious person or organization is charged with violating a nondiscrimination rule.... By preventing the application of RFRA, the Equality Act would make the LGBT claim always win, by definition...

The Equality Act simply labels as illegal discrimination any differential treatment related to SOGI. It posits that all necessary religious protections are already present in the civil rights laws. Then it strips away the religious freedom protections that Congress has said should apply to all federal laws and actions. By dramatically narrowing the scope of application of RFRA, which is the premier federal statutory protection for religious freedom, the Equality Act seeks to declare that, by definition, religious exercise claims can never outweigh claims of SOGI discrimination...

Under the Equality Act, will churches, synagogues, and mosques [and religious schools and colleges] be declared to be public accommodations and thus be subject to strict SOGI nondiscrimination requirements in everything they do, including if they ever invite into worship non-members as well as members, if they ever rent out their facilities... 

 The Equality Act proposes to dramatically expand the definition of public accommodations in federal law...

Employment by religious organizations. Title VII, the fundamental federal employment law, includes an exemption that protects the ability of religious schools, charities, and houses of worship to consider religion when hiring and firing...the Equality Act offers no assurances at all to religious employers about this vital matter...

Hospitals and medical practices. The Equality Act proposes to treat any “establishment that provides health care” to be a public accommodation and thus subject to its SOGI nondiscrimination requirements. It offers no protection for religious hospitals or medical facilities staffed by doctors and nurses who for reasons of religion or conscience are unable to perform sex-change operations or gender identity transition treatments...

Adoption and foster care... under the Equality Act...a faith-based adoption or foster care provider, exercising its professional judgment about the best environment for children needing new homes, declines to place a child with a same-sex couple or LGBT person, it may well lose vital government funding or even the ability to operate at all. (Institutional Religious Freedom Alliance, Inc. http://www.irfalliance.org/a-better-way-than-the-equality-act/)