Mr. President, I compliment our colleague from Florida on his articulating this powerful vision for humankind, which is the ability to look into the night sky and ponder the mysteries of the…
Mr. President, I compliment our colleague from Florida on his articulating this powerful vision for humankind, which is the ability to look into the night sky and ponder the mysteries of the universe, the mysteries of life, in the most complete way. America has led this scientific adventure, this scientific journey, and we must continue to be at the lead of this journey for all of the reasons he has laid out today.
I thank my colleague from Florida for leading Congress in pursuing and advocating for this vision and for developing the instruments on the ground and the instruments in space that will advance our knowledge.
Equality Act
Mr. President, I rise to speak about a different vision, the vision articulated in our Constitution, those first three words of our Constitution, ``We the People.''
It is this vision of a nation founded on the principle of a government that would serve not the privileged, not the powerful, not the few, not the elite, but serve the entire set of citizenry. Those powerful words were put in supersized font in our Constitution. So from across the room, you might not be able to read the details, but you can read the mission: ``We the People''--a government of, by, and for the people, as President Lincoln so eloquently said.
But this vision in the Constitution followed up on the principles articulated in the Declaration of Independence. In 1776, 56 of our Nation's best minds, our best leaders, gathered together in Philadelphia to debate, to work out a document unlike any other in history--a document that changed the course of world history--the Declaration of Independence. It said: ``We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.''
Together, the Declaration of Independence and the Constitution laid out the vision for our grand experiment in democracy, our grand experiment in establishing a democratic republic--a nation, of, by, and for the people, where each and every person is equal, each and every person has the ability to pursue their happiness, to pursue opportunity. We may not have always succeeded, but for centuries, the story of our Nation--the American story--has been one of striving to live up to that promise of a more perfect union, where every citizen is equal, every citizen has opportunity, and every citizen can pursue happiness.
Martin Luther King said in the midst of the civil rights struggle:
Human progress is neither automatic nor inevitable. . . .
Every step toward the goal of justice requires sacrifice,
suffering, struggle; the tireless exertions and passionate
concern of dedicated individuals.
And it is with that type of tireless exertion and passionate concern that we have been on this path toward equality and opportunity for all.
We have made a lot of strides. We have broken down a lot of barriers in overcoming discrimination and in advancing opportunity for one group of Americans after another. For women, for African Americans, for indigenous peoples, for immigrants, for Americans with disabilities, the journey goes on and on. But regardless of how far we have come, it is clear we still have a long way to go.
There are still too many of our friends, too many of our neighbors, too many of our coworkers, our brothers and sisters who don't enjoy the same rights and protections as everyone else. They are members of the LGBTQ community, and they continue to go through every single day confronting discrimination simply because of who they are or whom they love. That is simply not right. There should be no room for that kind of hate, for that kind of discrimination here in the United States of America.
That is why this week I have reintroduced the Equality Act. I have reintroduced it with powerful support from Senator Tammy Baldwin and Senator Cory Booker, who have really been the leaders who have driven this forward here in the Senate. We have been joined now by 43 additional colleagues, so that is 46 Senators, original cosponsors, in support of this vision of equality. That is a powerful stride from where we were just a few years ago, when we didn't even have an Equality Act to be presented here in the halls of Congress.
We launched this act in partnership with the House, where Congressman David Cicilline has been the leader, and he has been joined by 194 of his colleagues as original cosponsors.
John Lewis said during the civil rights struggle: ``If not us, then who? If not now, when?'' All of us should be called to action in this fight for the fundamental principle of equality, for us to stand up together and declare once and for all that discrimination based on sexuality and gender identity is not welcome in this country. We must make nondiscrimination the law of the land here in the United States of America.
It is certainly true that we have made some progress in recent years. We passed the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, which expanded the definition of a Federal hate crime to include assaults based on sexual identity or gender orientation. We repealed don't ask, don't tell, a policy that banned LGBTQ soldiers from serving openly in our military for 17 years and that forced more than 13,000 servicemembers out of the military with dishonorable discharges.
What we did was undermine the effectiveness of our military by taking away the enormous talents and skills of those individuals. And 6 years after repealing that policy, our military is stronger for it.
In the Affordable Care Act, we make sure that no one can be denied healthcare because of their sexual orientation or gender identity. Then, in 2013, the Supreme Court ruled that the Defense of Marriage Act, which defined marriage as a union between a man and a woman, was unconstitutional, it was discriminatory, it was in fundamental violation of the vision of our Constitution.
Then, in 2015, the Supreme Court found, in Obergefell v. Hodges, that love is love, regardless of gender or sexual orientation, and required all States to recognize same-sex marriages and issue marriage licenses to same-sex couples.
One barrier after another--one barrier after another of discrimination, one barrier after another that presented an obstruction to opportunity has fallen in a relatively short period of time, and that is something all of us should celebrate in the vision of equality and opportunity embedded in the vision of our Nation. But we cannot allow ourselves to lose sight of the fact that as much as these have been steps forward, we are still far from ending discrimination to the LGBTQ community here in America.
Today, every State is required to recognize same-sex marriages and issue wedding licenses to same-sex couples. But 30 of those States still do not have a legal framework that ends discrimination. In 30 of those States, the legal framework of the State does not prevent someone from being fired from their job for being gay or lesbian or transitioning; those States do not have a structure which prohibits a same-sex couple to be refused services, to be evicted from an apartment, to be banned from a restaurant, to be denied opportunities to serve on a jury, to be turned away at the door in pursuit of a mortgage.
We hear these stories from individuals. Ask the science teacher who was fired after telling her principal that she and her wife were planning to get
pregnant or the same-sex couple that was forced to leave a park after kissing in public or how about the woman who was fired from her job as a security guard in a Savannah hospital, and when she took the hospital to court, she lost under the framework of law in that State.
Or ask the LGBTQ community in Orlando. What we see is that when we have discriminatory laws, a discriminatory legal structure, that engenders discrimination, and the discrimination facilitates and engenders hate, and hate leads to violence. So we saw in Orlando when last summer a crazed gunman attacked those who were at the Pulse Nightclub and took the lives of 49 innocent people.
The States that have no framework are many. They cross our country-- Idaho and Montana and Wyoming, North and South Dakota, Nebraska, Kansas and Oklahoma, Arizona, Alaska and Texas, Missouri, Arkansas, Louisiana, Mississippi, Tennessee, Kentucky, Indiana, Michigan, Ohio, West Virginia, Pennsylvania, Virginia, North and South Carolina, Georgia, Alabama and Florida--no legal structure to end this sort of discrimination.
At some point in their lives, approximately two-thirds of all LGBTQ Americans face discrimination because of their sexuality or gender identification. Roughly a quarter of lesbian and gay and bisexual working Americans have lost a promotion because of nothing more than who they are or whom they love. And nearly--in fact, more than a quarter of transgender, working Americans report that in just a single year, they have been fired or not hired or denied advancement.
There is no Federal framework to end discrimination. Today, only 20 States and the District of Columbia have passed laws banning discrimination based on sexual orientation and gender identity in the workplace, in housing, in public accommodations. Another three States have a partial set of protections. But instead of seeing the remaining States that still have a framework that provides for discrimination, we have seen more and more discriminatory legislation--laws like North Carolina's HB2, the so-called bathroom bill, which said that transgender individuals had to use a bathroom that matches their birth certificate and which blocked local jurisdictions from passing antidiscrimination measures to protect LGBTQ citizens; or Senate bill 149 out of South Dakota, signed into law in March, saying that LGBTQ people who want to adopt or foster children can be rejected by State- funded agencies based on the religious beliefs of the agency.
Already this year, there have been more than 100 discriminatory pieces of draft legislation offered in State legislatures across our country.
As long as people in our Nation are afraid to put their spouse's photo on their desk at work, as long as citizens are worried about being evicted from their apartment, as long as Americans can be denied service at a restaurant or a hotel room or kicked out of a public park or denied the right to use a bathroom just for being who they are or for whom they love, we need to keep fighting. We need to keep pushing to end discrimination.
Imagine, if you will, when you open a business in America, the principle, since the 1964 Civil Rights Act, has been that you open the door to all. You don't let in a person with one color of skin and slam the door on the next who has darker skin. You don't let in one gender and slam the door on the other gender. You don't let in one ethnicity and slam the door on the other ethnicity.
These fundamental provisions of equality, where the door is open to each citizen by those who provide services to the public--that is the foundation for each individual to be able to live their life fully, to be able to fully pursue their potential, to fully pursue their opportunity, to fully pursue happiness as envisioned in the Declaration of Independence.
A former Senator of this body, who served here when I was an intern in 1974, who served here in 2009 when I came to the U.S. Senate, Ted Kennedy said: ``The promise of America will never be fulfilled as long as justice is denied to even one among us.'' Yet justice is denied every day--every day--in 30 States across our Nation where the door of discrimination is slammed shut on lesbian, gay, bisexual, and transgender individuals.
We the people in America understand that it is time to stop slamming the door of discrimination shut and open the door to full opportunity and full equality as envisioned in our founding documents. Sixty percent of Americans support same-sex marriages. More than half oppose North Carolina's bathroom bill and other similar bills that discriminate against transgender individuals.
According to one study by the Public Religion Research Institute, more than 70 percent of Americans support comprehensive Federal legislation. Public opinion is in support of moving forward--moving forward to keep the door of opportunity open and to stop slamming the door of discrimination in the face of our citizens. It is time for us to stand up for our fellow citizens, time for us to speak out against this discrimination, time for us to declare once and for all that every American, no matter who they are or whom they love, deserves to live free from fear, free from violence, and free from discrimination. It is time for us to stand with our friends, our neighbors, our coworkers, and our brothers and sisters in the LGBTQ community. It is time for us to move forward and create nondiscrimination legislation based on the same sound foundation that has served so well in regards to addressing discrimination in other parts of our society, and that is the 1964 Civil Rights Act. It is time to consider the Equality Act in the Senate of the United States.
At a time when so much discrimination, so many daily assaults occur on our fellow citizens, shouldn't we be holding a hearing to have these citizens speak up and share their stories? Shouldn't we be holding a vote to determine whether or not we truly believe in our constitutional vision? Shouldn't we have to confront the fact that we still have discrimination in housing, in employment, in schools, in restaurants, and in theaters? In fact, in every walk of life in America, in 30 States, we still have this discrimination without a legal framework in those States to provide protection.
Under the Equality Act, sexual orientation and gender identity receive the same clear level of protection that race, religion, gender, and ethnicity already enjoy, thanks to the 1964 Civil Rights Act. The Equality Act will help us fulfill the promise of America, as Ted Kennedy presented it, that justice under the law is not complete when it is denied to even one among us.
I am a steadfast believer in our Nation's founding principle that all of us were created equal, that we are ``endowed by our Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.'' But you don't have liberty if the door of discrimination is slammed in your face when you seek an apartment. You don't have liberty when the ugly face of discrimination blocks you from an opportunity to serve in a job. You don't have pursuit of happiness when you face a discriminatory framework in 30 of our 50 States.
We all ought to have the same freedom to be who we are, to love whom we love, to pursue our lives and careers free of discrimination. I will not rest until that is true for everyone in our country. I say to my colleagues: Let us all not rest until we complete this vision of opportunity and equality for all.
I suggest the absence of a quorum.