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Fairness for All Act seeks middle ground on LGBTQ rights

Legislation seen as alternative to Equality Act

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Rep. Chris Stewart (R-Utah) speaks about the Fairness For All Act at a press conference near the Capitol on Friday. (Washington Blade photo by Vanessa Pham)

Newly introduced legislation in the U.S. House backed by the Mormon Church seeks to strike a middle ground on LGBT rights and religious freedom in federal civil rights law, although major proponents of each refuse to support the legislation.

Introduced by Rep. Chris Stewart (R-Utah) on Friday, the Fairness for All Act would strike balance between LGBT rights and religious freedom in way proponents say would protect First Amendment rights. That way, however, permits anti-LGBT discrimination from religious institutions and small-business wedding vendors.

“Throughout history, there are time when principles come into conflicts, and often they are conflicting good principles, both of them with equal value,” Stewart said at Capitol Hill news conference Friday.

“The job we have before us in our society today is a good example of that, where we have the principle of non-discrimination, that every American should be treated fairly and with respect and with dignity, and at the same time, the sincerely held belief that religious faith and principles also matter, and how do we reconcile those two conflicting principles,” Stewart added. “This is what we are trying to do with this legislation.”

The Fairness for All Act is seen as an alternative to the Equality Act, legislation approved by the House in May under the Democratic majority — with five Republican votes. The Equality Act would make anti-LGBT discrimination a form of sex discrimination under the Civil Rights Act of 1964 and clarify the Religious Freedom Restoration Act can’t be a justification for discrimination.

Much like the Equality Act, the Fairness for All Act would make anti-LGBT discrimination against federal law, but it would also institute a accommodation for institutions like religious organization and small-business wedding vendors.

The Fairness for All Act would prohibit anti-LGBT discrimination in employment, housing, jury selection, credit, federal programs and public accommodations, but do so without defining anti-LGBT discrimination as sex discrimination. The bill would also expand the definition of public accommodations beyond the Civil Rights Act of 1964.

But in contrast to the Equality Act, the Fairness for All Act would preserve Religious Freedom Restoration Act and protect the tax-exempt status of religious colleges and universities that oppose same-sex marriage, such as Brigham Young University, Bethel University and Catholic University.

The Fairness for All Act would also extend protections to small business whose owners refuse to provide services to same-sex weddings based on religious objections. Among them is Jack Phillips, the owner of Masterpiece Cakeshop, who gained notoriety when his reached the Supreme Court and justices ruled narrowly in his favor based on the facts of the case.

The measure would prohibit anti-LGBT discrimination at “any store, shopping center or online retailer or provider of online services that has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year,” but states the threshold doesn’t apply to claims of discrimination based on race, color or national origin or the small business wedding vendors excluded under the measure.

Similarly, the measure says “a property owned or operated primarily for noncommercial purposes by a non-profit religious corporation that holds itself out to the public as substantially religious, has as its stated purpose in its organic documents that it is religious, and is substantially religious in its current operations” is not a public accommodation under the legislation.

Lastly, the Fairness for All Act purports to protect religiously affiliated adoption agencies “so they can continue to serve vulnerable children and willing couples, while at the same time ensuring the ability of LGBT persons to adopt and foster children too.”

Unlike the Equality Act, the Fairness for All Act also makes clear access to abortion services aren’t protected, but stipulates the measure shouldn’t be construed to impose a penalty on women who have had an abortion or seek abortion-related services.

Among the proponents of the Fairness for All Act is the Church of Latter-day Saint and Seventh-Day Adventist Church, which expressed support for the legislation in a statement Friday.

Shirley Hoogstra, president of Council for Christian Colleges & Universities, spoke out in favor of the legislation at the Capitol Hill news conference.

“This coalition represents civic pluralism at its best,” Hoogstra said. “We want a society where people with deep differences can live alongside each other with respect and understanding.”

But the nation’s leading advocacy group for LGBTQ rights says the Fairness for All Act doesn’t go far enough, and an anti-LGBT legal firm that purports to protect religious freedom also doesn’t support the legislation.

Alphonso David, president of the Human Rights Campaign, said he “strongly oppose[s]” the Fairness for All Act because it sells LGBTQ people short and erodes existing protections under federal civil rights law.

“The so-called Fairness for All Act is an unacceptable, partisan vehicle that erodes existing civil rights protections based on race, sex and religion, while sanctioning discrimination against lesbian, gay, bisexual, transgender and queer people,” David said. “For LGBTQ people living at the intersection of multiple marginalized identities, this bill is a double whammy of dangerous rollbacks and discriminatory carve-outs. This bill is both wrong and harmful, and we strongly oppose it.”

David said the right path for advancing LGBTQ rights is the Equality Act, which he said is necessary because “LGBTQ people deserve full federal equality, period.”

“The Equality Act, on the other hand, has already passed through the House of Representatives with a bipartisan majority, the support of more than 260 leading companies and more than 500 civil rights, religious, medical and social welfare organizations, and is our movement — and, most importantly, our community’s — top legislative priority,” David said.

A spokesperson for Alliance Defending Freedom, the anti-LGBT legal firm that has represented Masterpiece Cakeshop and schools seeking to deny transgender kids access to bathroom consistent with their gender identity, referred to the Washington Blade to a 2018 statement from the organization against the Fairness for All Act Act.

“Every person should be treated with dignity and respect,” said ADF Senior Vice President of U.S. Legal Division Kristen Waggoner. “Unfortunately, sexual orientation and gender identity laws like the so-called ‘Fairness for All’ proposal undermine both fairness and freedom. This proposal is a SOGI law under different branding, with special — and likely temporary— exemptions that protect only a favored few.

A chief proponent of the Fairness for All Act, however, is the American Unity Fund, a pro-LGBTQ Republican organization backed by philanthropist and GOP donor Paul Singer.

Tyler Deaton, senior adviser to the American Unity Fund, said his organization supports the Equality Act, but prefers the Fairness for All Act to prohibit anti-LGBT discrimination.

“We have to have black letter laws on the books that can make it explicit when we’re protected and when we’re not,” Deaton said. “This is hard thing from me to say as a gay guy. There are going to be times that there are religious organizations that are going to have the freedom to refuse to serve me or employ me.”

Deaton said the Human Rights Campaign’s opposition to the Fairness for All Act was “disheartening,” especially the assertion it would undermine existing protections based on race, sex and national origin.

“I think that the statement exaggerates impacts that the bill would have on existing civil rights,” Deaton said. “And I want to be clear on this point, which is that Fairness for All does not touch, or erode, or diminish any civil rights that are on the books today, and in fact, it is biggest expansion of civil rights since the passage in 1964 of the Civil Rights Act, and that’s similar to the Equality Act.”

Another supporter of the legislation is Republican LGBT ally Margaret Hoover, who voiced support for the measure in an interview last month with the Los Angeles Blade and at the Capitol Hill news conference.

“We know that we expect that this bill will be met with criticism from both sides of the aisle,” Hoover said. “Compromise is never easy, but it is our view that LGBTQ Americans cannot afford to wait a single day longer.”

Just about every LGBTQ advocate pushing for the Equality Act came out against the Fairness for All Act, including Justin Nelson, president of the National LGBTQ Chamber of Commerce.

“NGLCC reaffirms it support for the Equality Act, and cannot support ant legislation containing loopholes designed to further keep tax-paying, law-abiding LGBT citizens from achieving success and safety in their own country,” Nelson said.

But there was some openness among LGBTQ advocates. Striking a welcoming chord on the Fairness for All Act was Shannon Minter, legal director for the National Center for Lesbian Rights.

“The introduction of this historic bill marks the first time that conservative religious organizations and leaders have supported comprehensive federal protections for LGBTQ people,” Minter said. “While the details of the bill require more careful consideration, it marks an important milestone in the growing national support for the equality and dignity of LGBTQ people.”  

The Fairness for All Act is introduced as the U.S. Supreme Court is considering litigation that would clarify whether Title VII of the Civil Rights Act of 1964, which bans discrimination on the basis of sex in employment, also applies to cases of anti-LGBT discrimination.

If the court rules in favor of LGBT workers, it could have far reaching implications and make federal legislation against anti-LGBT discrimination moot in employment, housing and education (although a legislative change would still be necessary to ban anti-LGBT bias in public accommodations and federal programs). If the court rules against LGBT workers, they would have no protections under federal law, and a legislative fix would be all the more needed.

Arguably the very introduction of the Fairness for All Act bolsters the case Congress didn’t intent to include LGBTQ people when it passed the Civil Rights of 1964, but Deaton denied that was case, adding that line has already been crossed with the Equality Act.

“I think that we all know that regardless of what the Supreme Court decides in the spring, we’re still going to need a federal law that either codifies that decision or rebukes that,” Deaton said. “I mean, if the Supreme Court decides that sex should be interpreted narrowly, then it’s all the more reason we need this bill now.”

The Fairness for All Act will be a tough sell in the House, which addressed the issue of expanding LGBT non-discrimination protections by passing the Equality Act. In the Senate, companion hasn’t even yet been introduced.

House Speaker Nancy Pelosi (D-Calif.) signaled she “strongly opposes” the legislation via comments from her spokesperson Drew Hammill.

“Speaker Pelosi strongly opposes this legislation,” Hammill said. “It represents a step backward in many respects and is a partisan effort to that would lead to much more discrimination in our country not less.”

The solution for enacting LGBT non-discrimination protections under federal law, Hammill said, would be for Senate Majority Leader Mitch McConnell (R-Ky.) to bring up the Equality Act.

“LGBTQ Americans deserve nothing short of full equality,” Hammill said. “House Democrats will continue to call on Senator McConnell to pass the Equality Act.”

Then there’s President Trump. Asked whether he spoken with the White House about the Fairness for All Act, Deaton declined to discuss conversations.

The Trump administration, through White House Deputy Press Secretary Judd Deere, signaled an openness to the Fairness for All Act when asked by the Washington Blade about the legislation.

“President Trump has protected human dignity, fought for inclusion, promoted LGBTQ Americans and strongly protected religious freedom for everyone while in office,” Deere said. “The White House looks forward to reviewing the legislation.”

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Top 10 Blade news stories by web traffic

COVID breakthroughs, Equality Act, and anti-trans attacks

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Elliot Page created excitement by posting his first photo in swim trunks back in May.

Each year our staff gathers in late December to review the highest trafficked stories of the year and there’s more than a little bit of competitive spirit as we review the results. Here are the top 10 stories by web traffic at  HYPERLINK “http://washingtonblade.com”washingtonblade.com for 2021.

#10: Mark Glaze, gun reform advocate, dies at 51

The sad, tragic story of Glaze’s death captivated readers in November. 

#9: COVID breakthrough infections strike summer tourists visiting Provincetown

This one went viral in July after a COVID outbreak was blamed on gay tourists.

#8: Thank you, Kordell Stewart, for thoughtful response to ‘the rumor’

This opinion piece thanked the former NFL quarterback for writing a personal essay addressing gay rumors. 

#7: Elliot Page tweets; trans bb’s first swim trunks #transjoy #transisbeautiful

The actor created excitement by posting his first photo in swim trunks back in May.

#6: Romney declares opposition to LGBTQ Equality Act

Mitt Romney disappointed activists with his announcement; the Equality Act passed the House but never saw a vote in the Senate.

#5: White House warns state legislatures that passing anti-trans bills is illegal

The year 2021 saw a disturbing trend of GOP-led legislatures attacking trans people.

#4: Lincoln Project’s avowed ignorance of Weaver texts undercut by leaked communications

The Lincoln Project’s leaders, amid a scandal of co-founder John Weaver soliciting sexual favors from young men, have asserted they were unaware of his indiscretions until the Blade obtained electronic communications that called that claim into question.

#3: FOX 5’s McCoy suspended over offensive Tweet

Blake McCoy tweeted that obese people shouldn’t get priority for the COVID vaccine. 

#2: Transgender USAF veteran trapped in Taliban takeover of Kabul

Among the Americans trapped in the suburban areas of Kabul under Taliban control was a transgender government contractor for the U.S. State Department and former U.S. Air Force Sergeant. She was later safely evacuated.

#1: Amid coup chaos, Trump quietly erases LGBTQ protections in adoption, health services

And our most popular story of 2021 was about the Trump administration nixing regulations barring federal grantees in the Department of Health & Human Services from discriminating against LGBTQ people, including in adoption services.

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CDC still falling short on LGBTQ data collection for COVID patients: expert

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COVID-19 vaccine, gay news, Washington Blade
The CDC is still not issuing guidance to states on LGBTQ data collection among COVID patients.

Despite requests since the start of the COVID pandemic for the U.S. government to enhance data collection for patients who are LGBTQ, the Centers for Disease Control & Prevention is still falling short on issuing nationwide guidance to states on the issue, a leading expert health on the issue told the Blade.

With a renewed focus on COVID infections reaching new heights just before the start of the holidays amid the emergence of Omicron, the absence of any LGBTQ data collection — now across both the Trump and Biden administrations — remains a sore point for health experts who say that information could be used for public outreach.

Sean Cahill, director of Health Policy Research at the Boston-based Fenway Institute, said Wednesday major federal entities and hospitals have been collecting data on whether patients identify as LGBTQ for years — such as the National Health & Nutrition Examination Survey, which has been collecting sexual orientation data since the 1990s — but the CDC hasn’t duplicated that effort for COVID even though the pandemic has been underway for two years.

“It’s not like this is a new idea,” Cahill said. “But for some reason, the pandemic hit, and all of a sudden, we realize how little systematic data we were collecting in our health system. And it’s a real problem because we’re two years into the pandemic almost, and we still don’t know how it’s affecting this vulnerable population that experiences health disparities in other areas.”

The Blade was among the first outlets to report on the lack of efforts by the states to collect data on whether a COVID patient identifies as LGBTQ, reporting in April 2020 on the absence of data even in places with influential LGBTQ communities. The CDC hasn’t responded to the Blade’s requests for nearly two years on why it doesn’t instruct states to collect this data, nor did it respond this week to a request for comment on this article.

Cahill, who has published articles in the American Journal of Public Health on the importance of LGBTQ data collection and reporting in COVID-19 testing, care, and vaccination — said he’s been making the case to the CDC to issue guidance to states on whether COVID patients identify as LGBTQ since June 2020.

Among those efforts, he said, were to include two comments he delivered to the Biden COVID-19 Health Equity Task Force in spring 2021, a letter a coalition of groups sent to the Association of State & Territorial Health Officers asking for states to collect and report SOGI in COVID in December 2020 as well as letters to HHS leadership and congressional leadership in spring and summer 2020 asking for them to take steps to encourage or require SOGI data collection in COVID.

Asked what CDC officials had to say in response when he brought this issue to their attention, Cahill said, “They listen, but they don’t really tell me anything.”

“We’ve been making that case, and to date, as of December 22, 2021, they have not issued guidance, they have not changed the case report form. I hope that they’re in the process of doing that, and maybe we’ll be pleasantly surprised in January, and they’ll come up with something…I really hope that’s true, but right now they’re not doing anything to promote SOGI data collection and reporting in surveillance data.”

Cahill, in an email to the Blade after the initial publication of this article, clarified CDC has indicated guidance on LGBTQ data collection for COVID patients may come in the near future.

“HHS leaders told us this fall that CDC is working on an initiative to expand SOGI data collection,” Cahill said. “We are hopeful that we will see guidance early in 2022. Key people at CDC, including Director Walensky, understand the importance of SOGI data collection given their long history of working on HIV prevention.”

In other issues related to LGBTQ data collection, there has been a history of states resisting federal mandates. The Trump administration, for example, rescinded guidance calling on states to collect information on whether foster youth identified as LGBTQ after complaints from states on the Obama-era process, much to the consternation of LGBTQ advocates who said the data was helpful.

The White House COVID-19 Health Equity Task Force has at least recognized the potential for enhancing LGBTQ data collection efforts. Last month, it published an implementation plan, calling for “an equity-centered approach to data collection, including sufficient funding to collect data for groups that are often left out of data collection (e.g….LGBTQIA+ people).”

The plan also calls for “fund[ing] activities to improve data collection…including tracking COVID-19 related outcomes for people of color and other underserved populations,” and specifically calls for the collection of LGBTQ data.

The importance of collecting LGBTQ data, Cahill said, is based on its potential use in public outreach, including efforts to recognize disparities in health population and to create messaging for outreach, including for populations that may be reluctant to take the vaccine.

“If we see a disparity, we can say: Why is that?” Cahill said. “We could do focus groups of the population — try to understand and then what kind of messages would reassure you and make you feel comfortable getting a vaccine, and we could push those messages out through public education campaigns led by state local health departments led by the federal government.”

The LGBTQ data, Cahill said, could be broken down further to determine if racial and ethnic disparities exist within the LGBTQ population, or whether LGBTQ people are likely to suffer from the disease in certain regions, such as the South.

“We have data showing that lesbian or bisexual women, and transgender people are less likely to be in preventive regular routine care for their health,” Cahill said. “And so if that’s true, there’s a good chance that they’re less likely to know where to get a vaccine, to have a medical professional they trust to talk to about it today.”

Among the leaders who are supportive, Cahill said, is Rachel Levine, assistant secretary for health and the first openly transgender person confirmed by the U.S. Senate for a presidential appointment. Cahill said he raised the issue with her along with other officials at the Department of Health & Human Services three times in the last year.

In her previous role as Pennsylvania secretary of health, Levine led the way and made her state the first in the nation to set up an LGBTQ data collection system for COVID patients.

“So she definitely gets it, and I know she’s supportive of it, but we really need the CDC to act,” Cahill said.

Although the federal government has remained intransigent in taking action, Cahill said the situation has improved among states and counted five states — California, Pennsylvania, Rhode Island, Nevada and Oregon — in addition to D.C. as among those that have elected to collect data on sexual orientation and gender identity of COVID patients.

However, Cahill said even those data collection efforts are falling short because those jurisdictions have merely been public about collecting the data, but haven’t reported back anything yet.

“Only California has reported data publicly, and the data that they’re reporting is really just the completeness of the data,” Cahill said. “They’re not reporting the data itself…And they’re also just asking people who tests positive. So, if somebody says positive COVID in California, a contact tracer follows up with that individual and asks them a battery of questions, and among the questions that are asked are SOGI questions.”

As a result of these efforts, Cahill said, California has data on the LGBTQ status of COVID patients, but the data is overwhelmingly more complete for the gender identity of these patients rather than their sexual orientation. As of May 2021, California reported that they had sexual orientation data for 9.5 percent of individuals who had died from COVID and 16 percent of people who tested positive, but for gender identity, the data were 99.5 percent.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise

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Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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