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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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Nationwide Campaign Marks 50th Anniversary of Landmark Supreme Court Decision in Piggie Park Racial Discrimination Case

New Ad Asks “Will We Go Back?” to a Time When Businesses Could Legally Discriminate With Masterpiece Case at Supreme Court

Washington, DC, March 15, 2018—Fifty years ago, the U.S. Supreme Court issued a ruling in the landmark Newman v. Piggie Park Enterprises case. Piggie Park, a small barbeque chain still open today, wanted the right to refuse service to African American customers. The owner, a segregationist, claimed that the Civil Rights Act of 1964 violated his religious freedom. The Supreme Court delivered a resounding and swift rebuke of the barbeque chain on March 18, 1968, definitively ruling that the restaurant could no longer discriminate.

The week of March 12 through March 18, 2018 has been designed as Open to All Week, which coincides with the 50th anniversary of the Piggie Park decision. In addition, the nationwide Open to All Campaign, the Movement Advancement Project, and The Leadership Conference on Civil and Human Rights have unveiled a new public education ad, “Will We Go Back?” that looks at how a new case before the Supreme Court could roll back that historic ruling.

In Masterpiece Cakeshop v. Colorado Civil Rights Commission, a case that will soon be decided by the Supreme Court, a Colorado bakery that discriminated against a gay couple in violation of Colorado law is claiming it should be exempt from the state’s nondiscrimination law due to the religious beliefs of its owner.

“Piggie Park wasn’t just about barbeque. And Masterpiece isn’t just about cake,” said Ineke Mushovic, executive director of the Movement Advancement Project. “Businesses and their owners have a right to their religious beliefs—but that freedom shouldn’t give businesses a license to discriminate.”

To highlight the high stakes of the case, the new ad “Will We Go Back?” reflects on the landmark Piggie Park decision and how the historic legacy of that ruling would be threatened by a win for the bakery in the Masterpiece Cakeshop case. A victory for the bakery would sanction and encourage discrimination not just against LGBT people, but also against minority faiths, interfaith couples, people of color, women, people with disabilities, and others, as explained by the ad and a new policy brief “50 Years Ago vs. Today: Piggie Park & The High Stakes of the Masterpiece Cakeshop Case” released today.

“As the Supreme Court held a half century ago in the Piggie Park case, the free exercise of religion does not provide a license to discriminate,” said Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights. “The Supreme Court must reaffirm that important principle in Masterpiece Cakeshop.”

In December 2017, a broad coalition of LGBT, civil rights, racial justice and allied organizations launched Open to All, a national campaign to build support for nondiscrimination laws and focus attention on the far-reaching, dangerous risks of the Masterpiece Cakeshop case.

Click here to watch the public education ad “Will We Go Back?”

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Open to All is nationwide public engagement campaign to build understanding and discussion about the importance of our nation’s nondiscrimination laws—and the bedrock principle that when businesses open their doors to the public, they should be Open to All. For more information and resources, visit www.OpenToAll.com. You can also find the campaign on social media at @OpentoAllofUS on Facebook, Instagram and Twitter.

MAP's mission is to provide independent and rigorous research, insight and communications that help speed equality and opportunity for all. MAP works to ensure that all people have a fair chance to pursue health and happiness, earn a living, take care of the ones they love, be safe in their communities, and participate in civic life.

The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 200 national organizations to promote and protect the rights of all persons in the United States. The Leadership Conference works toward an America as good as its ideals. For more information on The Leadership Conference and its member organizations, visit www.civilrights.org.

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