The LGBT Protection Act would provide the necessary federal protection to persons who identify as LGBT by prohibiting various forms of discrimination. It would be largely modeled off of the Civil Rights Act of 1964. The overall purpose of the Act would be to prohibit discrimination based on sexual orientation in employment, education, and places of public accommodation. The Act would make it unlawful for employers or business proprietors to discriminate against LGBT individuals. As the law currently stands, race, gender, religion, and national origin are protected classes; however, sexual orientation remains unprotected. History shows that persons who identify as LGBT have traditionally been victims of discrimination. While discrimination based on sexual orientation may not rise to the level of invidious racial discrimination, many persons are discriminated against in society because of their sexual orientation. Thus, Congress would have the authority to enforce the anti-discrimination mandate pursuant to section 5 of the Fourteenth Amendment.
In addition to elevating sexual orientation to a protected class on equal footing with traditionally protected classes such as race, gender, religion, and national origin, the LGBT Protection Act would also provide a private cause of action for victims of sexual orientation to sue and seek redress. The remedies available for violations would be limited to compensatory damages. The LGBT Protection Act would also expressly waive sovereign immunity for suits brought against the federal government.
In order to pass the LGBT Protection Act, a representative must first introduce it in Congress. Due to collective action problems, the best way to raise awareness of issues and pass a law is to form an interest group. This group should take a grass-roots approach to gather support for the LGBT Protection Act. Because there are many issues that Congressman need to address, there are usually minimum signature requirements for a Congressman to pay attention to a proposed Act. Therefore, the interest group in support of the LGBT Protection Act would need to take a proactive approach to raise awareness of the cause and to garner support for the Act.
Once a member of Congress takes note of the proposed Act, he or she will then introduce it. A Senator will introduce the bill to the Senate, and a representative will introduce it to the House. It does not matter whether a Senator or representative initially introduces the proposed Act. The proposed Act will then be assigned to a committee, probably a human rights committee. To become law, the LGBT Protection Act would need majority support in both the Senate and House of Representatives. Amassing this support is a tedious and time-consuming process that consists of numerous hearings and back-and-forth between members of Congress. If the Act receives a majority vote from both Houses, the proposed LGBT Protection Act will then be presented to the President to be signed into law. The President then has 10 days to sign the bill. If the President either signs the bill or does nothing within 10 days after receiving the bill, the LGBT Protection Act will become law. If, however, the President vetoes the bill, the bill is then sent back to Congress. Congress can override the President and bring the law into effect if 2/3 of both Houses of Congress vote to approve the bill.
Free The LGBT Protection Act Essay: Top-Quality Sample To Follow
Type of paper: Essay
Topic: Social Issues, Act, Protection, Security, Discrimination, Bill, Congress, Law
Pages: 2
Words: 550
Published: 03/08/2023
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