The Equality Act & What It May Mean For Religious Freedom

 In February of 2021 the US House of Representatives passed the Equality Act which is now being debated in the Senate. The Equality Act provides explicit anti-discrimination protections for the LGBTQ+ community. Particularly in workplaces, federally funded programs, housing, education, and other public spaces. It is lauded by those in favor of increased LGBTQ+ protections as a step in the right direction and a further legitimization of these identities and communities and their space in American society. Those who oppose the Equality Act are generally religious groups who fear that these protections could overturn aspects of the Religious Freedom Restoration Act and strip religious individuals and communities from having full religious freedom and protection for their beliefs. 

For religious groups and individuals their opposition to the Equality Act is centered around several concerns. Most notably they fear that this new legislation will prevent religious freedom claims being made by individuals and groups who invoke the Religious Freedom Restoration Act. In addition, they fear that this could lead the government to “punish” religious groups and individuals who do not agree with same sex marriages/relationships or acknowledge transgender and gender non-conforming individuals. They also fear that this Act could lead to coercive action by the government to force churches and other religious organizations to hold same sex marriage ceremonies, threaten religious adoption agencies who do not wish to place children with same sex couples, place transgender people in the same shelters and locker rooms as cisgender people, and force healthcare professionals to provide gender affirming healthcare that violates their personal beliefs. 

While several of these concerns are valid, some are quite unlikely to occur. One that is most being scrutinized by opponents to the bill is the last point in the previous paragraph, the ability to access gender affirming healthcare. The effects on healthcare that the Act provides is largely symbolic as it lacks specific wording that guarantees this right. Indeed, individuals who have Medicaid may still be denied access to this healthcare as individual states still have control over what Medicaid can and cannot cover. Also while these Medicaid rights may be expanded in the 12 states that currently do not have gender affirming healthcare covered over the coming months, the Equality Act does not apply to private insurance. Only 13% of trans individuals are currently covered by Medicaid with the rest either having private insurance or being uninsured. As for other aspects of the Act that are facing scrutiny, the concern is more valid.

The crux of the issue surrounding the passing of the Equality Act is whether by increasing the freedoms and protections of some the freedoms of others will be at risk. While I personally believe that the passing of the Equality Act is a positive thing and shows progress by allowing marginalized groups and more specifically the LGBTQ+ community more protection in court when faced with discrimination I also think this could lead to a slippery slope with religious protection and liberty for minority religious groups. Protecting at risk groups is important regardless of who those groups are. Cases like Masterpiece Cakeshop and Hobby Lobby have been able to protect religious individuals and groups from violating their beliefs but with this new Act it will be interesting to see how the Supreme Court decides on future religious freedom cases. The balance between being free to believe and free to act is constantly being decided by the rulings of the Supreme Court and the courts below it. Currently Fulton v City of Philadelphia is being seen by the Supreme Court which will rule on the validity of Philadelphia removing funding from a Catholic Adoption agency due to their unwillingness to place children with same sex couples. How this case will be decided will either strengthen or weaken some of the goals of the Equality Act as it will allow discrimination based on sincerely held belief. 

While religious groups have many concerns and proponents from the LGBTQ+ community laud this new act there is still much to be decided in the coming months as the Act has not yet been passed by the Senate. Whether or not it passes and the repercussions either way will certainly have an effect on both the LGBTQ+ community and religious individuals and groups within the United States and regardless could simultaneously increase and decrease protections for both groups as courts debate the many issues that will arise with enhanced protections for both minority groups and their ability to act in alignment with how they identify and what they believe.