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Why should Christians oppose the Equality Act?

On Wednesday, June 21, 2023, Representative Mark Takano (D-CA) and Senator Jeff Merkley (D-OR) reintroduced the controversial Equality Act into the current session of Congress. This legislation intends to expand the definition of “sex” to include “sexual orientation” and “gender identity” (SOGI) and would revise every title of the Civil Rights Act of 1964 to add these categories as new protected classes in the federal code.

The Equality Act has been presented in Congress before, even passing the House of Representatives by a 224-206 vote in 2021, before dying in the Senate. Three Republicans joined all 221 Democrats in favor of the legislation.

The ERLC believes that this bill represents the most significant threat to religious liberty ever considered in the United States Congress. Opposing this bill has been among our topic public policy priorities since 2021.

Here is a summary of why the ERLC stands firmly opposed to this bill becoming law.

The Equality Act would amend the 1964 Civil Rights Act to add sexual orientation and gender identity as protected classes under federal civil rights law. The bill would curtail religious freedom protections, hinder the work of healthcare professionals and faith-based hospitals, undermine civil rights protections for women and girls, and ultimately steamroll the consciences of millions of Americans.

We will continue to oppose the Equality Act and similar legislation introduced this Congress. We will continue to advocate for a public square solution that protects and upholds the dignity of all people regardless of how they identify and the rights of all, while ensuring that religiously motivated individuals and institutions are free to live and act according to their deeply held convictions.


Key Resources

Written Testimony of the Ethics and Religious Liberty Commission United States Senate Committee on the Judiciary Hearing on H.R. 5

The Equality Act would curtail religious freedom protections, violate the consciences of pro-life healthcare professionals and faith-based hospitals, undermine civil rights protections for women and girls, and ultimately overrule the consciences of millions of Americans. 

What is the Equality Act?

The Equality Act intends to expand the definition of “sex” to include “sexual orientation” and “gender identity” (SOGI) and would revise every title of the Civil Rights Act of 1964 to add these categories as new protected classes in the federal code. Last Congress, the Equality Act passed in the House, but the bill died in the Senate.

ERLC Opposes The Equality Act

The Equality Act fails to uphold human dignity in its attempt to codify the demands of the Sexual Revolution. While the proposed intention of this legislation is to protect individuals who identify as LGBT, the bill would instead steamroll the consciences of millions of people. The Equality Act undermines foundational Constitutional freedoms in its pursuit of what may be momentary cultural affirmations.

Explainer: House votes in favor of the Equality Act

On Feb. 25, 2021, the U.S. House of Representatives voted in favor of a controversial bill titled the Equality Act. This legislation, filed as H.R. 5, seeks to expand the definition of “sex” to include “sexual orientation” and “gender identity” (SOGI) and would revise every title of the Civil Rights Act of 1964 to add these categories as new protected classes in the federal code.

The vote was 224-206, with all Democrats and three Republicans voting in favor of the legislation. The Republicans who voted for the act were Brian K. Fitzpatrick of Pennsylvania and John Katko and Tom Reed of New York.

Will the Equality Act be the end of female sports?

In athletics, a refusal to account for biological, sex-dependent differences will legally enshrine inequality in sports. In addition to being unfair, it is insulting and demeaning to females when we proceed as if biological males are the standard by which they ought to evaluate themselves. Acknowledging biological differences in athletic competition is as necessary as acknowledging differences in age.

The Equality Act: A dangerous law with a clever name

If you were looking for the very best way to get Americans to accept a radical piece of legislation, giving the bill a clever name would be near the top of the list. This is exactly the case with the so-called “Equality Act,” officially known as H.R. 5. Judging by its name alone, it seems like the kind of legislation that almost anyone would support. After all, what kind of person is opposed to equality? Even more, the bill is supposedly an effort to combat discrimination. And what kind of monster would think discrimination is good? 

But here’s the real issue: it takes more than a clever name to make a good law. And once you move past its name, the serious issues with H.R. 5 are both obvious and alarming.

The Equality Act Conundrum

The Equality Act would reopen the Civil Rights Act of 1964 to redefine “sex” to include “sexual orientation and gender identity” as a federally protected classes. Listen to this episode of Capitol Conversations to learn about the cultural background of this bill and how the Equality Act would devastate the legal protections for sex, women’s equality, and the country’s first freedom of religious liberty. 

The Equality Act Accelerates Anti-Christian Bias

“The Equality Act represents the most invasive threat to religious liberty ever proposed in America. Given that it touches areas of education, public accommodation, employment, and federal funding, were it to pass, its sweeping effects on religious liberty, free speech, and freedom of conscience would be both historic and also chilling.

Its passage would sound the death knell for hopes of détente in the culture wars that pit conservative Christians against their LGBT neighbors. For progressives, it would be winner-takes-all. Virtually no area of American life would emerge unscathed from the Equality Act’s reach. No less significant would be the long-term effects of how the law would shape the moral imagination of future generations.”

For Further Reading


How can you get updates on the Equality Act and support the ERLC’s work to oppose this legislation?

  • Pray for our team as we engage with elected officials on this issue.
  • Subscribe to our Policy Updates so that you can be informed and aware of the religious liberty work we are doing on behalf of Southern Baptists like you. 

Article 12: The Future of AI

We affirm that AI will continue to be developed in ways that we cannot currently imagine or understand, including AI that will far surpass many human abilities. God alone has the power to create life, and no future advancements in AI will usurp Him as the Creator of life. The church has a unique role in proclaiming human dignity for all and calling for the humane use of AI in all aspects of society.

We deny that AI will make us more or less human, or that AI will ever obtain a coequal level of worth, dignity, or value to image-bearers. Future advancements in AI will not ultimately fulfill our longings for a perfect world. While we are not able to comprehend or know the future, we do not fear what is to come because we know that God is omniscient and that nothing we create will be able to thwart His redemptive plan for creation or to supplant humanity as His image-bearers.

Genesis 1; Isaiah 42:8; Romans 1:20-21; 5:2; Ephesians 1:4-6; 2 Timothy 1:7-9; Revelation 5:9-10

Article 11: Public Policy

We affirm that the fundamental purposes of government are to protect human beings from harm, punish those who do evil, uphold civil liberties, and to commend those who do good. The public has a role in shaping and crafting policies concerning the use of AI in society, and these decisions should not be left to those who develop these technologies or to governments to set norms.

We deny that AI should be used by governments, corporations, or any entity to infringe upon God-given human rights. AI, even in a highly advanced state, should never be delegated the governing authority that has been granted by an all-sovereign God to human beings alone. 

Romans 13:1-7; Acts 10:35; 1 Peter 2:13-14

Article 10: War

We affirm that the use of AI in warfare should be governed by love of neighbor and the principles of just war. The use of AI may mitigate the loss of human life, provide greater protection of non-combatants, and inform better policymaking. Any lethal action conducted or substantially enabled by AI must employ 5 human oversight or review. All defense-related AI applications, such as underlying data and decision-making processes, must be subject to continual review by legitimate authorities. When these systems are deployed, human agents bear full moral responsibility for any actions taken by the system.

We deny that human agency or moral culpability in war can be delegated to AI. No nation or group has the right to use AI to carry out genocide, terrorism, torture, or other war crimes.

Genesis 4:10; Isaiah 1:16-17; Psalm 37:28; Matthew 5:44; 22:37-39; Romans 13:4

Article 9: Security

We affirm that AI has legitimate applications in policing, intelligence, surveillance, investigation, and other uses supporting the government’s responsibility to respect human rights, to protect and preserve human life, and to pursue justice in a flourishing society.

We deny that AI should be employed for safety and security applications in ways that seek to dehumanize, depersonalize, or harm our fellow human beings. We condemn the use of AI to suppress free expression or other basic human rights granted by God to all human beings.

Romans 13:1-7; 1 Peter 2:13-14

Article 8: Data & Privacy

We affirm that privacy and personal property are intertwined individual rights and choices that should not be violated by governments, corporations, nation-states, and other groups, even in the pursuit of the common good. While God knows all things, it is neither wise nor obligatory to have every detail of one’s life open to society.

We deny the manipulative and coercive uses of data and AI in ways that are inconsistent with the love of God and love of neighbor. Data collection practices should conform to ethical guidelines that uphold the dignity of all people. We further deny that consent, even informed consent, although requisite, is the only necessary ethical standard for the collection, manipulation, or exploitation of personal data—individually or in the aggregate. AI should not be employed in ways that distort truth through the use of generative applications. Data should not be mishandled, misused, or abused for sinful purposes to reinforce bias, strengthen the powerful, or demean the weak.

Exodus 20:15, Psalm 147:5; Isaiah 40:13-14; Matthew 10:16 Galatians 6:2; Hebrews 4:12-13; 1 John 1:7 

Article 7: Work

We affirm that work is part of God’s plan for human beings participating in the cultivation and stewardship of creation. The divine pattern is one of labor and rest in healthy proportion to each other. Our view of work should not be confined to commercial activity; it must also include the many ways that human beings serve each other through their efforts. AI can be used in ways that aid our work or allow us to make fuller use of our gifts. The church has a Spirit-empowered responsibility to help care for those who lose jobs and to encourage individuals, communities, employers, and governments to find ways to invest in the development of human beings and continue making vocational contributions to our lives together.

We deny that human worth and dignity is reducible to an individual’s economic contributions to society alone. Humanity should not use AI and other technological innovations as a reason to move toward lives of pure leisure even if greater social wealth creates such possibilities.

Genesis 1:27; 2:5; 2:15; Isaiah 65:21-24; Romans 12:6-8; Ephesians 4:11-16

Article 6: Sexuality

We affirm the goodness of God’s design for human sexuality which prescribes the sexual union to be an exclusive relationship between a man and a woman in the lifelong covenant of marriage.

We deny that the pursuit of sexual pleasure is a justification for the development or use of AI, and we condemn the objectification of humans that results from employing AI for sexual purposes. AI should not intrude upon or substitute for the biblical expression of sexuality between a husband and wife according to God’s design for human marriage.

Genesis 1:26-29; 2:18-25; Matthew 5:27-30; 1 Thess 4:3-4

Article 5: Bias

We affirm that, as a tool created by humans, AI will be inherently subject to bias and that these biases must be accounted for, minimized, or removed through continual human oversight and discretion. AI should be designed and used in such ways that treat all human beings as having equal worth and dignity. AI should be utilized as a tool to identify and eliminate bias inherent in human decision-making.

We deny that AI should be designed or used in ways that violate the fundamental principle of human dignity for all people. Neither should AI be used in ways that reinforce or further any ideology or agenda, seeking to subjugate human autonomy under the power of the state.

Micah 6:8; John 13:34; Galatians 3:28-29; 5:13-14; Philippians 2:3-4; Romans 12:10

Article 4: Medicine

We affirm that AI-related advances in medical technologies are expressions of God’s common grace through and for people created in His image and that these advances will increase our capacity to provide enhanced medical diagnostics and therapeutic interventions as we seek to care for all people. These advances should be guided by basic principles of medical ethics, including beneficence, non-maleficence, autonomy, and justice, which are all consistent with the biblical principle of loving our neighbor.

We deny that death and disease—effects of the Fall—can ultimately be eradicated apart from Jesus Christ. Utilitarian applications regarding healthcare distribution should not override the dignity of human life. Fur- 3 thermore, we reject the materialist and consequentialist worldview that understands medical applications of AI as a means of improving, changing, or completing human beings.

Matthew 5:45; John 11:25-26; 1 Corinthians 15:55-57; Galatians 6:2; Philippians 2:4

Article 3: Relationship of AI & Humanity

We affirm the use of AI to inform and aid human reasoning and moral decision-making because it is a tool that excels at processing data and making determinations, which often mimics or exceeds human ability. While AI excels in data-based computation, technology is incapable of possessing the capacity for moral agency or responsibility.

We deny that humans can or should cede our moral accountability or responsibilities to any form of AI that will ever be created. Only humanity will be judged by God on the basis of our actions and that of the tools we create. While technology can be created with a moral use in view, it is not a moral agent. Humans alone bear the responsibility for moral decision making.

Romans 2:6-8; Galatians 5:19-21; 2 Peter 1:5-8; 1 John 2:1

Article 2: AI as Technology

We affirm that the development of AI is a demonstration of the unique creative abilities of human beings. When AI is employed in accordance with God’s moral will, it is an example of man’s obedience to the divine command to steward creation and to honor Him. We believe in innovation for the glory of God, the sake of human flourishing, and the love of neighbor. While we acknowledge the reality of the Fall and its consequences on human nature and human innovation, technology can be used in society to uphold human dignity. As a part of our God-given creative nature, human beings should develop and harness technology in ways that lead to greater flourishing and the alleviation of human suffering.

We deny that the use of AI is morally neutral. It is not worthy of man’s hope, worship, or love. Since the Lord Jesus alone can atone for sin and reconcile humanity to its Creator, technology such as AI cannot fulfill humanity’s ultimate needs. We further deny the goodness and benefit of any application of AI that devalues or degrades the dignity and worth of another human being. 

Genesis 2:25; Exodus 20:3; 31:1-11; Proverbs 16:4; Matthew 22:37-40; Romans 3:23

Article 1: Image of God

We affirm that God created each human being in His image with intrinsic and equal worth, dignity, and moral agency, distinct from all creation, and that humanity’s creativity is intended to reflect God’s creative pattern.

We deny that any part of creation, including any form of technology, should ever be used to usurp or subvert the dominion and stewardship which has been entrusted solely to humanity by God; nor should technology be assigned a level of human identity, worth, dignity, or moral agency.

Genesis 1:26-28; 5:1-2; Isaiah 43:6-7; Jeremiah 1:5; John 13:34; Colossians 1:16; 3:10; Ephesians 4:24