[Congressional Record Volume 165, Number 70 (Tuesday, April 30, 2019)]
[Senate]
[Pages S2519-S2520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KAINE (for himself, Ms. Collins, Mr. King, Ms. Hassan, Mr. 
        Blumenthal, Mr. Whitehouse, Ms. Baldwin, Mrs. Shaheen, Mr. 
        Menendez, Ms. Klobuchar, Ms. Cortez Masto, Mr. Wyden, Ms. 
        Smith, Mrs. Feinstein, Mr. Booker, Mr. Merkley, Ms. Harris, and 
        Ms. Cantwell):
  S. 1246. A bill to extend the protections of the Fair Housing Act to 
persons suffering discrimination on the basis of sexual orientation or 
gender identity, and for other purposes; to the Committee on the 
Judiciary.
  Mr. KAINE. Mr. President, I rise today to re-introduce the Fair and 
Equal Housing Act of 2019, legislation to ensure equal housing 
opportunities for all Americans. This bipartisan bill would protect 
Americans from housing discrimination based on gender identity and 
sexual orientation. No American should be turned away from a home they 
love because of who they love.

[[Page S2520]]

  I began my career as a civil rights attorney. My initial focus was on 
fair housing, and I learned early on that a home is more than just 
structure or a shelter. A home plays an integral role in one's 
identity, and it is central to the life of every American.
  Housing discrimination nevertheless continues to plague many 
Americans. And it is a reality for LGBT Americans because of incomplete 
protections in the Fair Housing Act (FHA), the landmark Federal housing 
law.
  The FHA prohibits housing discrimination based on race, color, 
religion, national origin, sex, familial status, or disability. It does 
not, however, protect against discrimination based upon sexual 
orientation or gender. More than 20 states and over 200 localities 
safeguard sexual orientation and gender identify in their housing 
discrimination laws. That's telling. It's time for the federal 
government to do the same.
  A study released this month analyzed national mortgage data from 1990 
to 2015. It found that same-sex applicants were 73 percent more likely 
to be denied approval for a mortgage than opposite-sex couples.
  The study also found that same-sex couples often pay more for their 
loans in interest and fees. This despite the fact that the study found 
no evidence that same-sex couples carried a higher default risk. In 
fact, the study's findings suggest that same-sex borrowers may perform 
better. The analysis indicated that, on average, same-sex couples paid 
0.2 percent more in interest and fees, which adds up to as much as $86 
million per year.
  These findings confirm the need to include gender identity and sexual 
orientation as protected classes under federal housing laws. Loan 
decisions should be based on fundamental economic considerations, not 
race, religion, sexual orientation or gender.
  The job of perfecting our Union is an ongoing quest requiring 
continued stewardship. Our history is replete with examples of manifest 
action from the Bill of Rights, to the 14th Amendment, to the Civil 
Rights Act of 1964. The Fair and Equal Housing Act of 2019 is one more 
step in our longer journey to perfect our Union and to extinguish 
discrimination in places which call for our leadership. I urge my 
colleagues to join us in support of this legislation.
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