Statements on Introduced Bills and Joint Resolutions

Floor Speech

Date: April 30, 2019
Location: Washington, DC

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Mr. KAINE. Mr. President, I rise today to re-introduce the Fair and Equal Housing Act of 2019, legislation to ensure equal housing opportunities for all Americans. This bipartisan bill would protect Americans from housing discrimination based on gender identity and sexual orientation. No American should be turned away from a home they love because of who they love.

I began my career as a civil rights attorney. My initial focus was on fair housing, and I learned early on that a home is more than just structure or a shelter. A home plays an integral role in one's identity, and it is central to the life of every American.

Housing discrimination nevertheless continues to plague many Americans. And it is a reality for LGBT Americans because of incomplete protections in the Fair Housing Act (FHA), the landmark Federal housing law.

The FHA prohibits housing discrimination based on race, color, religion, national origin, sex, familial status, or disability. It does not, however, protect against discrimination based upon sexual orientation or gender. More than 20 states and over 200 localities safeguard sexual orientation and gender identify in their housing discrimination laws. That's telling. It's time for the federal government to do the same.

A study released this month analyzed national mortgage data from 1990 to 2015. It found that same-sex applicants were 73 percent more likely to be denied approval for a mortgage than opposite-sex couples.

The study also found that same-sex couples often pay more for their loans in interest and fees. This despite the fact that the study found no evidence that same-sex couples carried a higher default risk. In fact, the study's findings suggest that same-sex borrowers may perform better. The analysis indicated that, on average, same-sex couples paid 0.2 percent more in interest and fees, which adds up to as much as $86 million per year.

These findings confirm the need to include gender identity and sexual orientation as protected classes under federal housing laws. Loan decisions should be based on fundamental economic considerations, not race, religion, sexual orientation or gender.

The job of perfecting our Union is an ongoing quest requiring continued stewardship. Our history is replete with examples of manifest action from the Bill of Rights, to the 14th Amendment, to the Civil Rights Act of 1964. The Fair and Equal Housing Act of 2019 is one more step in our longer journey to perfect our Union and to extinguish discrimination in places which call for our leadership. I urge my colleagues to join us in support of this legislation. ______

By Mr. DURBIN (for himself, Mrs. Gillibrand, Mr. Schatz, Mr. Van Hollen, and Ms. Baldwin):

S. 1249. A bill to prioritize funding for an expanded and sustained national investment in basic science research; to the Committee on the Budget.

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