Executive Session

Floor Speech

BREAK IN TRANSCRIPT

Ms. HIRONO. Madam President, I share the strong words and position and perspective of my wonderful colleagues, colleagues who spoke before me just now--Senators Harris, Booker, and Durbin--calling for real policing reform, not the bill that is coming before the floor tomorrow. 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.

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.

BREAK IN TRANSCRIPT

Source