Albany Times Union

Rep. Stefanik votes against Equality Act

After 2019 vote in favor of gay, lesbian and transgende­r rights, she changed position

- By Emilie Munson

After her 2019 vote in favor of gay, lesbian and transgende­r legislatio­n, she changes position.

U.S. Rep. Elise Stefanik was one of a handful of Republican­s to vote in favor of an gay, lesbian and transgende­r rights bill in 2019, and as recently as Tuesday she told the media she was for the measure again.

But on Thursday afternoon, when the Equality Act returned to the House floor, the Schuylervi­lle Republican cast a vote against the legislatio­n, although the text of the bill had not changed substantiv­ely from two years ago.

Stefanik on Friday declined to comment to the Times Union on why she changed her vote. The one other Republican who

switched his vote cited concern for religious groups and individual­s.

The Equality Act amends the 1964 Civil Rights Act to explicitly ban discrimina­tion against people based on sexual orientatio­n and gender identity in sectors including housing, employment, federal programs and public accommodat­ions such as stores and even websites. It builds on and codifies a June ruling from the U.S. Supreme Court that found the Civil Rights Act protects LGBTQ people from employment discrimina­tion. The legislatio­n also makes clear that religious freedom cannot be an excuse to challenge the law’s protection­s.

The bill passed the House 224-206 on Thursday, with all Democrats and three Republican­s — Reps. John Katko and Tom Reed of New York and Brian Fitzpatric­k of Pennsylvan­ia — voting in favor.

Senate Majority Leader Charles E. Schumer, D -N.Y., has promised to bring the bill to the Senate floor “at exactly the right time,” but it’s unclear if the legislatio­n will be able to win 10 Republican votes in that chamber to block a filibuster. President Joe Biden supports the measure.

Stefanik was one of eight Republican­s who voted yes on the bill in 2019, including Katko, Reed, Fitzpatric­k as well as Susan Brooks of Indiana, Mario Diaz-balart of Florida, Will

Hurd of Texas, and Greg Walden of Oregon. Brooks, Hurd and Walden subsequent­ly retired from Congress, leaving Stefanik and Diaz-balart the only two Republican­s to switch their votes this week.

Rep. Jeff Van Drew, R-N.J., identified as a Democrat and voted in favor and co-sponsored the Equality Act in 2019. But since then he has changed his party — and he changed his vote to a no this year, too.

In a statement to CNN, Stefanik said she thought discrimina­tion based on sexual orientatio­n was wrong but was concerned about the Equality Act’s impact on single-gendered organizati­ons and sports.

Diaz-balart said in a statement that he voted for the bill last Congress but pointed out what he thought were “severe flaws” that needed to be fixed.

“House Democratic Leadership had ample time to make these changes, but sadly, they ignored multiple good faith efforts by my colleagues and instead doubled down on some of the most troubling issues, including sabotaging religious freedom,” he said. “Despite its name and promise to eliminate discrimina­tion, what the bill actually does is discrimina­te against mosques, churches, and religious organizati­ons for their deeply held religious beliefs.”

Diaz-balart said he would introduce alternativ­e legislatio­n that would protect both LGBTQ people and religious entities from discrimina­tion.

When the Equality Act passed the House in 2019, there was no hope that the Senate would pass the bill or President Donald Trump would sign it.

But things have changed with a Democratic-controlled Congress and president, although Republican­s still maintain significan­t power in the 50-50 Senate.

Conservati­ve and religious groups have once again come out against the bill, applying pressure on Republican lawmakers.

Earlier this week, conservati­ve groups including the Heritage Foundation, Family Research Council, Family Policy Institute and Save Women’s Sports held a virtual rally to lobby against the bill, calling it the “most dangerous piece of legislatio­n to come out of Congress” and claiming the legislatio­n would sanction abortion, introduce “explicit content” in schools and allow “males” to win girls’ sports championsh­ips and enter girls’ locker room, an apparent reference to transgende­r people.

The Human Rights Campaign — the nation’s largest LGBTQ civil rights organizati­on — celebrated the legislatio­n’s passage by the House, calling it “a major milestone for equality bringing us closer to ensuring that every person is treated equally under the law.”

“In most states, a person can be denied housing, education or the chance to serve on a jury because of their sexual orientatio­n or gender identity,” said U.S. Rep. Paul Tonko, D -Amsterdam. “It’s dead wrong.”

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