We Urge the U.S. Senate to Amend the Equality Act

We urge the U. S. Senate to amend the Equality Act by adopting the provisions in the Feminist Amendments to the Equality Act.  We fully support the Equality Act’s goals of ensuring that LGBT people are protected from discrimination, harassment, and violence. These protections are long overdue. However, the bill as currently written would eliminate sex as a protected category under federal law — a move that would have dire consequences for the sex-based rights of women and girls. This redefinition would also erase the basis for same-sex attraction, undermining the very protections for sexual orientation that the Equality Act claims to enshrine.

Eliminating sex as a protected class, as the Equality Act currently proposes, would mean removing the ability of the law to ‘see’ sex — including sexual orientation — and thus remove the ability of the law to address injustice, discrimination, and inequality rooted in sex and sexual orientation. By making self-declaration what determines whether someone is considered male or female, the Equality Act would radically remake US law, making gender self-identity the criteria for accessing all female facilities, being housed in female domestic violence shelters and prisons, competing in female sports, representing female people, and defining ‘same-sex’ orientation.

Sex, gender, and sexual orientation refer to different characteristics, different experiences, and refer to distinct groups with different needs. These differences matter. And the law—and our lawmakers—should not pretend otherwise. In settings where sex matters, the law needs to make it clear that how a person identifies is not conflated with nor should it override biological sex. In settings where sexual orientation matters, sex must be the basis on which same-sex attraction is defined. That’s why the language has to be clear.

For these reasons, we urge the Senate to take a closer look at the Equality Act, hold hearings and support sensible amendments to the Equality Act so sex remains a recognized and protected class under law. We support amendments that would protect sex (biological sex), sexual orientation, and sex-role nonconformity separately, as put forward in the Feminist Amendments . It is simply not necessary to redefine sex in the law in order to protect transgender and other gender non-conforming people from discrimination and harassment, as the Equality Act seeks to do. The Feminist Amendments provide a more equitable way forward that protects everyone’s rights.

We also urge you to call for an open dialogue as we navigate these complicated issues and seek to develop protections that will work for lesbian, gay, bisexual, and transgender people, as well as women and girls. Unfortunately, the process so far — including previous iterations of the Equality Act introduced and passed in the House of Representatives, and the House moving directly to a floor vote without further inquiry — have not met this standard, failing to consider potential unintended consequences of erasing sex in the law and shutting out the perspectives of lesbian, gay, and bisexual advocates. The current Equality Act is not the product of democratic debate and public inquiry but of policy capture, written by lobbyists working out of the public view. This is part of a worldwide lobbying effort that tethers radical changes — the erasure of sex in the law — to popular and necessary reforms like extending protections for LGBT people. Equality for LGBT people doesn’t look like this.

We believe that we can and must amend the Equality Act to protect the human and civil rights of lesbian, gay, bisexual, and transgender people to safety, dignity, and freedom from discrimination while preserving the sex-based rights of women and girls and the ability of the law to ‘see’ sex. Please help facilitate an open dialogue about how the Equality Act can best advance the rights of lesbian, gay, bisexual, and transgender people, with a full airing of how the rights of other protected classes, especially women and girls, will be affected.

For more information, see the video: Preserving Sex-Based Rights

A New Way Forward for Feminism

How do feminists most effectively fight gender identity ideology as it becomes more and more enshrined into our laws, such as the female-erasing provisions of the U.S. Equality Act pending in Congress? Should we simply oppose “gender identity” as a single issue, narrowly defined?  Or should we fight to defend women’s sex-based rights while at the same time advocating for federal civil rights protection against discrimination for lesbians, gay men, bisexuals, transgender people and others who do not conform to stereotypes imposed on their sex?   What is the most effective strategy for fighting against the current version of the Equality Act while advancing our feminist vision for changing society? Is merging messaging with the Christian Right helpful or harmful to achieving our goals? How can we rebuild a radical feminist movement strong enough to defeat all our enemies, both the transactivists who would erase us and the Religious Right who would enslave us?

These are some of the issues that Ann Menasche, founding member of Feminists In Struggle (FIST), grapples with in her New Radical Feminist Approach to Challenging Gender Identity Ideology: The Feminist Amendments to the Equality Act” published in Redline. Menasche jumps into the debate within the burgeoning new women’s liberation movement, regarding conflicting strategies put forward by FIST and WoLF.  She argues that campaigns to defend women’s sex-based rights should be combined with a challenge to gender itself by opposing both homophobia and sex stereotyping.   She explains how the Feminist Amendments do just that, an approach precluded by WoLF’s orientation toward alliances with the organized Christian Right.

“FIST’s strategy emphasizes winning the battle of ideas within the whole society…the same strategy that won women the vote and resulted in the Roe vs. Wade Supreme Court decision legalizing abortion in the United States,” writes Menasche. “These victories were not gifts bestowed from on high but were won by mass struggle of millions of women. We believe that such a strategy is ultimately more decisive in achieving the changes that we currently seek as compared to a focus on lobbying politicians in the two corporate parties or playing one wing of patriarchy against the other.”

The Equality Act

A committee of FIST lawyers has agreed to analyze H.R. 5, “The Equality Act”, and consider proposing feminist amendments.  In case you haven’t been following this, H. R. 5 calls each of the following a form of sex discrimination:  discrimination on the basis of the “sex, sexual orientation, gender identity, or pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes.” The Act goes on to define ‘gender identity’ to mean “the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.”

We are supportive of extending anti-discrimination protections to lesbians and gays, and are heartened to see the intent to strengthen protections against pregnancy discrimination.  However, we are concerned that defining gender identity as a form of sex discrimination will have the effect of actually compromising some of women’s hard-won rights and harming some programs like Title IX of the Education Act which was intended to redress past discrimination.

The Congressional testimony of Julia Beck of WoLF and Doriane Lambelet Coleman, two feminists pointing out the dangers to the rights of women and girls inherent in elevating gender identity to a discriminated status can be heard beginning at about 24:00 minutes of WLRN podcast #36 “The Left, The Right, and Feminist Strategy  https://soundcloud.com/wlrn-media/edition-36-the-left-the-right-and-feminist-strategy