[Congressional Record Volume 166, Number 115 (Tuesday, June 23, 2020)]
[Senate]
[Pages S3138-S3139]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                            The Equality Act

  Madam President, this morning I would like to turn to another issue 
that should concern all of us and that deserves our attention. On 
December 17, 1990, Genora Dancel and Ninia Baehr walked into the Hawaii 
Department of Health in Honolulu to apply for a marriage license.
  They had met earlier that year in a Honolulu parking lot and felt an 
immediate connection. Their first date lasted for 9 hours. They 
eventually fell in love and got engaged, despite knowing that the law 
prohibited their marriage.
  They faced a choice: Give up their dream of getting married or take 
their fight to court to demand that they be treated equally. Although, 
up to that point, Ms. Dancel had led a private life and her family was 
unaware of her sexual orientation, for her the choice was clear. She 
later recalled: ``I had been discriminated against and was living as a 
second-class citizen. All of that, emotionally, came to mind. For me it 
was a no-brainer decision. This was something I had to fight for, and I 
had to do my part.''
  The courts in Hawaii agreed with Ms. Dancel and Ms. Baehr. On May 5, 
1993, the Hawaii Supreme Court issued a historic decision that changed 
the course of the LGBTQ rights movement. It ruled that denying same-sex 
couples the right to marry violates the equal protection clause of the 
Hawaii constitution unless the State could prove a compelling State 
interest.
  This ruling sparked a chain reaction that eventually resulted in the 
U.S. Supreme Court's 2015 decision in Obergefell v. Hodges, which 
affirmed the right of same-sex couples to marry. It was a hard-won 
victory for the LGBTQ community in its long fight for equality.
  In July 2017, the Trump administration sought to undermine this 
victory for equality. It intervened in a court case to argue that LGBTQ 
individuals are not protected from employment discrimination based on 
their sexual orientation. This position directly contradicted the 
position of the Equal Employment Opportunity Commission, which had made 
clear in 2015 that discrimination based on sexual orientation was 
illegal.
  Last Monday, the Supreme Court rejected the Trump administration's 
efforts and held that the Federal civil rights statute prohibiting 
employment discrimination--title VII--does protect LGBTQ individuals. 
While the decision was another major victory for equality, the fight is 
far from over.
  The Trump administration has not only sought to undo protections for 
LGBTQ individuals before the court, but Donald Trump and Senator 
McConnell have also been busy working to undermine LGBTQ equality 
through the judges--the judges whom this Senate confirms--themselves.
  Over the past 3 years, Donald Trump and Senator McConnell have been 
busy packing the court with judges who have demonstrated hostility 
toward the rights of LGBTQ individuals. In fact, so far, about 40 
percent--40 percent--of Trump's circuit court judges have anti-LGBTQ 
records, and another one, Cory Wilson, is set to be confirmed this 
week. As a State legislator, Wilson voted for a bill that would allow 
businesses and people to deny services to LGBTQ individuals. The Human 
Rights Campaign called that bill ``the worst anti-LGBTQ state law in 
the U.S.''
  Another example: Recently confirmed to the Ninth Circuit, Trump Judge 
Lawrence VanDyke previously claimed that ``same-sex marriage will hurt 
families, and consequentially children and society.'' His actions have 
reflected these views. He has opposed same-sex marriages and supported 
businesses that discriminate against same-sex couples.
  Similarly, Trump Judge Stephen Menashi in the Second Circuit and 
Trump Judge Andrew Brasher, Eleventh Circuit, have argued for the right 
of businesses to discriminate against LGBTQ individuals.
  With the Federal courts stacked with Trump judges like these, it is 
critical that Congress act now to fully enshrine equality and 
protections for LGBTQ individuals into law.
  The Supreme Court has now made clear that employers cannot 
discriminate against LGBTQ people in the workplace. But other legal 
protections against discrimination, such as in healthcare, education, 
housing, and financial credit, are at risk of being eroded by the Trump 
administration and Trump judges.
  In fact, the Trump administration is doing just that. Just 2 weeks 
ago, it finalized a rule that eliminated nondiscrimination protections 
under Federal law for LGBTQ people receiving healthcare and obtaining 
health insurance.
  Last month, the Trump administration issued a letter ruling that 
title IX requires schools to ban transgender students from 
participating in school sports based on their gender identity. In 2002, 
Congress renamed title IX in honor of my friend, Congresswoman Patsy T. 
Mink. Patsy was a champion for gender equality and nondiscrimination 
and would certainly be appalled by the Trump administration's 
interpretation of title IX.
  The Trump administration has already banned most transgender people 
from serving in the military. It has rescinded protections for 
transgender students that allowed them to use bathrooms corresponding 
with their gender identity.
  The Trump administration's attacks against LGBTQ equality make it all 
the more urgent that Congress needs to make explicit that Federal law 
protects against discrimination based on sexual orientation and gender 
identity.
  More than a year ago, the House did that by passing the Equality Act 
with bipartisan support. The Equality Act would prevent the Trump 
administration from exploiting any ambiguity in the law by adding 
clarifications in existing civil rights laws to make explicit that 
sexual orientation and gender identity are prohibited bases for 
discrimination. This includes the Civil Rights Act of 1964, the Fair 
Housing Act, the Equal Credit Opportunity Act, the Jury Selection and 
Services Act, and other civil rights statutes.
  The Equality Act would also amend the Civil Rights Act of 1964 to 
prohibit discrimination in public places and services and federally 
funded programs on the basis of sex, including sexual orientation and 
gender identity.
  In addition, the Equality Act would update the types of public spaces 
and services covered under current law to expressly include stores, 
shopping centers, online retailers, banks, and places that provide 
legal services, transportation services, and other types of services.

[[Page S3139]]

  The Equality Act is a critical safeguard against an administration 
determined to erode the rights of LGBTQ people. The Senate must do its 
job and pass the Equality Act without delay.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Cruz). Without objection, it is so 
ordered.
  Mr. CORNYN. Mr. President, I ask unanimous consent that I be allowed 
to complete my remarks before we recess for the lunch hour.
  The PRESIDING OFFICER. Without objection, it is so ordered.