The Equality Act: Federal Civil Rights Laws Get Explicit Protections for Sexual Orientation and Gender Identity

The Equality Act is a massive update to nearly every major federal civil rights law, systematically rewriting the rulebook to explicitly ban discrimination based on sexual orientation and gender identity. Think of it as installing a mandatory, comprehensive anti-discrimination policy across everything from where you work to where you live and shop. It doesn't create a brand-new law from scratch; instead, it amends core statutes like the Civil Rights Act of 1964 and the Fair Housing Act, ensuring that protections based on “sex” now clearly and consistently include sexual orientation, gender identity, sex characteristics (like intersex traits), and pregnancy.

Where You Shop: The End of “No Service” Signs

One of the most immediate changes happens in Public Accommodations (Sec. 3). Currently, federal law prohibits discrimination in places like hotels and restaurants based on race or national origin, but protections based on sex are much narrower. This Act expands the list of places that can’t discriminate to include virtually every business that provides goods, services, or programs, adding sex, sexual orientation, and gender identity to the protected classes. This means if you run a hair salon, a gas station, a bank, a shelter, or even an online retailer or service provider, you must comply. It also explicitly requires that shared facilities, like restrooms and locker rooms, must be accessible based on an individual’s gender identity. For the average person, this means consistent access and protection from being turned away or treated poorly based on who they are, whether they are applying for a loan (Sec. 11), renting an apartment (Sec. 10), or just grabbing a coffee.

At Work and in the Courts: Codifying Protections

In Employment (Sec. 7), the Act updates Title VII of the Civil Rights Act, which governs workplace discrimination. While the Supreme Court’s Bostock decision in 2020 already ruled that existing sex discrimination laws cover sexual orientation and gender identity, this bill codifies that ruling into the statutory text, making the protection explicit and permanent. This clarity extends to federal workers and congressional employees, ensuring that protections against discrimination based on sexual orientation and gender identity are consistent across all federal employment contexts. Furthermore, in the courts, the Act adds sex and gender identity to the list of characteristics that cannot be used to disqualify someone from serving on a federal Jury (Sec. 12), ensuring that jury selection is fair and representative.

The Fine Print: RFRA and the New Legal Landscape

This bill isn't just about adding definitions; it also changes how existing laws interact. Crucially, Section 9 of the Act states that the Religious Freedom Restoration Act (RFRA) of 1993 cannot be used as a defense or claim against any action brought under these updated civil rights titles. This is a significant move. RFRA is often used by individuals or organizations to argue that complying with a law burdens their religious practice. By explicitly blocking RFRA as a defense here, the Act ensures that religious objections cannot be used to justify discrimination in public accommodations, employment, or housing. For businesses or organizations that currently operate using religious exemptions, this means they will now be held to the same non-discrimination standards as everyone else when engaging in commerce or receiving federal funding (Sec. 6). This provision is the main point of friction, as it prioritizes the enforcement of non-discrimination rules over religious exemptions in these specific contexts.