Half a decade after the Supreme Court’s same-sex-marriage decision, the justices and Congress are still trying to figure out what federal law should say about LGBTQ rights.
Roughly half of Americans think federal law bans discrimination on the basis of sexual orientation. Despite four years of nationwide same-sex marriage, despite rapidly growing cultural acceptance for LGBTQ people, despite extensive annual Pride celebrations—these Americans are wrong.
Now that all of this summer’s glitter floats have been dismantled and the rainbow confetti has been cleared, lawyers, legislators, and judges have turned back to the ongoing fight over whether federal law does, and should, specifically protect LGBTQ people from being fired, denied a rental lease, or refused service because of their sexual orientation or gender identity.
This year will mark several important milestones in the battle over LGBTQ discrimination. In the spring, the House of Representatives passed the Equality Act, a sweeping bill that would prohibit anti-LGBTQ discrimination in all aspects of public and commercial life, without any religious exemptions.
While the bill has basically no chance of gaining traction in this Senate, if Democrats sweep Congress in 2020, it will likely be high on the party’s priority list. In the fall, the Supreme Court will hear arguments in the case R. G. & G. R. Harris Funeral Homes v. EEOC & Aimee Stephens, about a former funeral director who was fired after coming out to her employer as transgender. The justices will consider whether existing workplace protections in Title VII of the Civil Rights Act of 1964 already cover discrimination on the basis of gender identity.
And yet, the legal status of LGBTQ rights remains murky. As the movement has gained cultural momentum, activists have largely moved away from a posture of compromise—they believe they can win full protections for LGBTQ people in any context, without exceptions. A small but significant group of conservative religious leaders has been working the middle ground, trying to build support for a bill that would protect LGBTQ people but leave space for institutions, such as Christian colleges and Catholic hospitals, to operate according to their religious teachings.
But they’ve faced resistance from their right, with prominent pastors and conservative legal groups opposed to any kind of bill that would mark sexual orientation and gender identity as special legal categories.
As America has largely moved on from its gay-rights moment, with many Americans believing everything got taken care of with same-sex marriage, legal advocates on both sides have been left with bitter disagreements about where the country should go next—and the possibility that the status quo will perpetually remain in place.