Fairness for All “At-A-Glance”

FairnessForAll.org / #FairnessForAll

Who:

• Fairness for All (H.R. 5331) was introduced by Rep. Chris Stewart (R-UT) on December 6, 2019
• Supported by a broad coalition of LGBT and religious leaders

What:

• The Federal Fairness for All Act is a balanced legislative solution that protects LGBT civil rights and preserves religious freedom.
• If passed, it will represent the largest ever expansion of LGBT rights, the largest expansion of civil rights since 1964, and the largest expansion of religious freedom since the Religious Freedom Restoration Act (RFRA) in 1993.
• Fairness for All is centered on two core beliefs:
  • No American should lose their home or job simply for being lesbian, gay, bisexual, or transgender; and
  • No religious person should be forced to live, work, or serve their community in ways that violate their faith.

Why:

• LGBT and religious Americans increasingly find themselves in a lose-lose conflict with one another, resulting in ongoing lawsuits and endless cultural clashes.
• There is no federal law providing basic civil rights protections to LGBT Americans across all 50 states.
• In 29 states, LGBT Americans are at risk of being fired from their job, evicted from their home, or denied basic services because of their sexual orientation or gender identity without clear legal recourse.
• Religious Americans are increasingly forced into protracted legal battles simply to exercise their First Amendment rights.
• Religious charities, schools, hospitals, individuals, and businesses are in increasing jeopardy of losing core protections.

How:

• The Fairness for All Act amends the Civil Rights Act to add sexual orientation and gender identity as a protected class
• The Fairness for All Act modifies the Civil Rights Act to provide corresponding strong protections for religious exercise, religious institutions, and free speech.

How Does the FFA Act Affect High Profile Disputes?

• The cake baker? Wedding vendors with fewer than 15 employees will not be a public accommodation except for race.Larger vendors will need to have someone on staff to fulfill same-sex marriage requests, but their employees will have stronger rights not to participate.
• Transgender individuals in restrooms? FFA increases restroom privacy for everyone by expanding the number of single-user restrooms. Illegal behavior in restrooms or locker rooms remains illegal.
• Transgender athletes in women’s sports? FFA maintains Title IX intact and keeps a clear distinction between sex and gender identity. Eligibility for women’s sports will continue to be determined by the governing bodies of sports.
• LGBT adoptions and faith-based adoption agencies? FFA ensures faith-based agencies and LGBT families have maximum choice, via an indirect funding approach where federal funds are given to families instead of institutions.

This resource is part of the Fairness for All topic.