Time to Call in the Feds
The enactment of North Carolina’s Public Facilities Privacy and Security Act on Wednesday dealt another blow to those seeking legal protection for the LGBT community. Passed in response to an LGBT anti-discrimination ordinance in Charlotte, the law effectively prohibits local governments from passing similar ordinances that proscribe discrimination on the basis of sexual orientation or gender identity. The law also requires that all public facilities separate individuals by their “biological sex,” meaning that transgender individuals are prohibited from using restrooms that are in line with their gender identity.
While this law is certainly disappointing for those seeking protections for LGBT citizens, it does not come as much of a surprise. As Republican control of state governments has increased over the last several elections, so has the number of state statutes which authorize discrimination on the basis of sexual orientation or gender identity. Currently, 85 anti-LGBT bills have been introduced in 28 state legislatures across the country. Often justified on the basis of religious liberty, these bills have found success in Arkansas, Indiana, and North Carolina. As of today, only 17 states prohibit discrimination on the basis of both sexual orientation and gender identity in employment, housing, and public accommodations.
All of this demonstrates that the rights of LGBT citizens vary greatly as they travel from state to state. While the Supreme Court’s ruling in Obergefell ended this predicament in regard to marriage rights, inconsistent protections in employment, housing, and public accommodations still exist. The only real solution to this problem is federal legislation that provides absolute protections against discrimination on the basis of sexual orientation and gender identity. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, religion, sex, and national origin, but does not include protection on the basis of sexual orientation or gender identity.
Amending Title VII to prohibit discrimination on the basis of sexual orientation and gender identity is the only sure-fire way to ensure that LGBT citizens will not be faced with varying protections and discrimination depending on which state they happen to be in. Last year, Democratic senators introduced the Equality Act of 2015, which would have provided protection from discrimination on the basis of sexual orientation in employment, housing, and public accommodations. While the legislation was endorsed by President Obama, it has since stalled in Congress. With the 2016 election forthcoming, those seeking full protections for LGBT citizens would be wise to vote for candidates who are likely to support the Equality Act in the next session of Congress.
