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Why LGBTQ rights hinge on the definition of "sex" | 2020 Election
UPDATE: In his first day in office, Joe Biden signed an Executive Order that adopts the latest Supreme Court ruling's more expansive inclusion of LGBTQ rights under sex discrimination protections. This reverses Trump's rulings.
Without federal legislation, the fight against LGBTQ discrimination has been waged in the courts and the White House.
Watch more 2020 US election explainers at http://vox.com/ElectionVideos.
The US Civil Rights Act of 1964 originally protected against discrimination on the basis of race, color, national origin, and religion. But in a failed political maneuver meant to make the bill so unpopular that it wouldn’t pass, the word “sex” was added as well. That addition protected women from being discriminated against at work, but it also set off a 50-year legal battle over whether the law also protects LGBTQ Americans.
The court has reached a decision in this battle, but the Trump White House has come to a different conclusion. And that means there are huge stakes for LGBTQ rights in the 2020 election.
This was the eighth in our series of 2020 election explainers, all based on viewer suggestions. Watch the others, which cover the stakes of the election on:
1) Climate change: https://www.youtube.com/watch?v=QfAXbGInwno
2) Voting rights: https://www.youtube.com/watch?v=al3qY8ZMHEc
3) Reproductive health: https://www.youtube.com/watch?v=Bzuk13Ftxgo
4) Public schools: https://www.youtube.com/watch?v=lFJ37ri-Saw
5) Police reform: https://www.youtube.com/watch?v=SHePglP28CM
6) America’s role in the world: https://www.youtube.com/watch?v=S5LrQv496Iw
7) Transportation: https://www.youtube.com/watch?v=-ZDZtBRTyeI
8) LGBTQ rights: https://www.youtube.com/watch?v=xRnpUptf7E0
9) The eviction crisis: https://www.youtube.com/watch?v=F07yTI0J3Qk
Read more of Vox’s coverage of the impact of the election on LGBTQ rights: https://www.vox.com/policy-and-politics/2020/8/26/21374948/trump-second-term-lgbtq-people
And the Bostock v. Clayton County ruling: https://www.vox.com/2020/6/15/21291515/supreme-court-bostock-clayton-county-lgbtq-neil-gorsuch
For coverage of the Equality Act, currently before the Senate: https://www.vox.com/policy-and-politics/2019/5/17/18627771/equality-act-house-congress-lgbtq-rights-discrimination
For related coverage from NPR: https://www.npr.org/sections/health-shots/2020/03/02/804873211/whiplash-of-lgbtq-protections-and-rights-from-obama-to-trump
And from Time: https://time.com/5660956/trump-administration-anti-gay-brief-title-vii/
Here is the map of non-discrimination laws by state: https://www.lgbtmap.org/equality-maps/non_discrimination_laws
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