Politics & Government

House passes protections for LGBTQ Americans. Kansas’ Davids says it’ll ‘save lives’

LGBTQ Kansans and Missourians would receive new federal protections under legislation that passed the U.S. House Thursday.

The Equality Act, which passed by a vote of 224 to 206, would amend federal civil rights laws to prohibit discrimination based on sexual orientation and gender identity in employment, housing, public accommodations and the use of federal funds.

The Supreme Court last year ruled that discrimination based on sexual orientation or gender identity was illegal under federal law, but that ruling didn’t extend to housing or public accommodations.

Kansas and Missouri are among the 27 states that do not prohibit discrimination based on sexual orientation or gender identity for housing.

Rep. Sharice Davids, a Kansas Democrat, said this puts her and other LGBTQ Kansans at risk of discrimination, including evictions and denial of service based on their orientation or identity.

“Because while I can be the representative for Kansas’ Third District in the US Congress, I can also be turned away for housing or healthcare in the state that I represent. It’s unacceptable for anyone to have to deal with that discrimination,” said Davids, one of 11 openly LGBTQ members of Congress.

Several cities in the region, including Overland Park, have enacted anti-discrimination ordinances in recent years to make up for the absence of a state law. But Davids said a uniform federal law is needed to ensure equal treatment nationwide.

“I truly believe this is the kind of legislation that can save lives — that will send a message to LGBTQ+ youth that their experience is valid and that they are seen and heard by their elected officials,” she said.

The House passed similar legislation in 2019, but the bill went nowhere in the GOP-controlled Senate. Now that Democrats control the Senate, the bill will likely advance to the Senate floor for a vote. President Joe Biden has already signaled his intention to sign it.

The federal bill comes as GOP lawmakers in state legislatures, including in Kansas, are considering bills to limit transgender students’ access to school sports and other measures aimed at the transgender community.

Only three Republicans in the House voted for the bill, which faces strong opposition from religious conservatives.

No Republicans from Kansas or Missouri backed the bill, while the region’s Democrats were uniform in their support.

“For far too long, the federal government has enabled individual states to treat our LGBTQ friends as second-class citizens without the protections the vast majority of Americans have never thought twice about,” said Rep. Emanuel Cleaver, a Democrat who represents Kansas City.

The protections enacted under the bill would be identical to the ones that already exist for race, religion and other protected classes.

But the region’s Republicans argued that adding sexual orientation and gender identity to the list would conflict with the already-established protections for religion and sex.

Rep. Ann Wagner, a Republican who represents the St. Louis suburbs, argued the bill will prevent “people of faith from exercising their sincerely-held religious beliefs.”

Rep. Vicky Hartzler, a Republican whose district stretches from the Kansas City area to the central Missouri, blasted the bill’s protections for gender identity, which she argued endangered protections for women.

“This legislation is an affront on women’s rights and forces individuals to recognize biological males as females, decimating decades of women’s advancements and civil rights,” Hartzler said in a statement.

“Should this bill become law, the well-being of our children, the role of parents, the privacy and safety of vulnerable women, the competitive edge of female athletes, the livelihoods of charities and businesses, and the integrity of our healthcare system will all be jeopardized.”

Hartzler had championed the ban on transgender soldiers in the military under former President Donald Trump, which was rolled back last month by Biden.

This story was originally published February 25, 2021 at 6:04 PM with the headline "House passes protections for LGBTQ Americans. Kansas’ Davids says it’ll ‘save lives’."

Bryan Lowry
McClatchy DC
Bryan Lowry serves as politics editor for The Kansas City Star. He previously served as The Star’s lead political reporter and as its Washington correspondent. Lowry contributed to The Star’s 2017 project on Kansas government secrecy that was a finalist for the Pulitzer Prize. Lowry also reported from the White House for McClatchy DC and The Miami Herald before returning to The Star to oversee its 2022 election coverage.
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