The right to vote is fundamental to American democracy, yet access to this right is not equally guaranteed for all citizens. For nearly half a century, the Voting Rights Act of 1965 served as a cornerstone of democracy, actively combating discriminatory voting practices that historically disenfranchised minority voters. This landmark legislation prohibited discriminatory voting practices and dismantled numerous barriers that prevented equal participation in the electoral process. However, a pivotal Supreme Court decision, Shelby County v. Holder in June 2013, significantly undermined this protection by invalidating a crucial provision of the Voting Rights Act. This ruling has paved the way for a resurgence of voter suppression tactics, making the John Lewis Voting Rights Advancement Act a critical necessity to safeguard fair elections.
Prior to the Shelby County decision, states with a history of voting discrimination were required to obtain federal pre-approval before making any changes to their voting laws and practices. This pre-clearance mechanism was the enforcement backbone of the Voting Rights Act. The Supreme Court, while not striking down the entire Voting Rights Act, deemed the formula used to determine which states were subject to this pre-clearance as unconstitutional, arguing it was outdated. This effectively removed the federal government’s ability to proactively prevent discriminatory voting changes, weakening a vital safeguard against voter suppression.
In the wake of the Shelby County v. Holder ruling, numerous states and localities have implemented changes to voting procedures that disproportionately harm minority voters and other vulnerable populations. These changes include redrawing district lines to dilute minority voting power, imposing stricter voter identification requirements, and reducing or relocating polling places with minimal notice. These actions create significant obstacles for people of color, elderly voters, low-income individuals, transgender people, and people with disabilities, effectively diminishing their access to the ballot box. The erosion of these critical protections means that voters today face a higher risk of discrimination than at any point since the Voting Rights Act was initially enacted over half a century ago.
The Unique Vulnerability of LGBTQ+ Voters
Within the context of voter suppression, LGBTQ+ individuals, particularly transgender people, face distinct challenges. Voter identification laws, which have become more restrictive in recent years, pose a significant barrier for transgender voters. Many transgender individuals lack IDs that accurately reflect their gender identity. This can be due to the complex and often costly legal processes required to update identity documents, or simply because they are in the process of transitioning. This discrepancy between their lived identity and official documents can lead to confusion, intimidation, and outright denial of their right to vote.
Furthermore, many within the LGBTQ+ community experience intersectional discrimination based on race, age, disability, and socioeconomic status, compounding their vulnerability to voter disenfranchisement. These overlapping forms of discrimination can create even greater obstacles to voting and further marginalize already underrepresented voices.
Data reveals the tangible impact of these discriminatory practices. A 2019 survey by the Human Rights Campaign (HRC) Foundation highlighted the chilling effect of discrimination on LGBTQ+ voter participation. The survey found that fear of or actual experience of discrimination deterred 22% of LGBTQ+ adults from voting in at least one election. This figure rises to 35% for LGBTQ+ adults of color, 49% for transgender adults, and a staggering 55% for transgender adults of color. Issues related to meeting voter ID requirements prevented 24% of LGBTQ+ adults and 42% of transgender people from voting in at least one election. Alarmingly, 46% of transgender people of color reported not voting in one or more elections specifically because their ID presented an incorrect gender marker, name, or photo. These statistics underscore the urgent need to address the specific voting barriers faced by the LGBTQ+ community and other marginalized groups.
The John Lewis Voting Rights Advancement Act: Restoring Protections
In response to the Supreme Court’s decision in Shelby County v. Holder, and recognizing the urgent need to restore and strengthen voting rights protections, Congress introduced the John Lewis Voting Rights Advancement Act. This crucial piece of legislation is designed to directly address the issues highlighted by the Supreme Court and counteract the wave of voter suppression efforts across the country.
The John Lewis Voting Rights Advancement Act seeks to revitalize the Voting Rights Act by:
- Modernizing the Formula for Federal Oversight: The Act proposes a contemporary formula to determine which states and localities require federal pre-clearance based on a pattern of recent voting rights violations. This updated formula would replace the outdated criteria deemed unconstitutional by the Supreme Court, ensuring that federal oversight is applied where it is most needed in today’s political landscape.
- Preventing Last-Minute Voting Changes: To ensure transparency and prevent voter confusion and disenfranchisement, the Act mandates that election officials publicly announce any changes to voting procedures at least 180 days before an election. This provision aims to prevent sudden polling place closures or alterations to voting rules that can disproportionately impact voters, particularly those in marginalized communities who may have less access to information.
- Expanding Federal Observer Authority: The Act expands the Department of Justice’s authority to deploy federal observers to any jurisdiction where there is a credible risk of voting discrimination. These observers serve as a critical safeguard against discriminatory practices at the polls, both on Election Day and during early voting periods, ensuring that all voters have equal access to the ballot box and that their rights are protected.
Current Status of the John Lewis Voting Rights Advancement Act
The John R. Lewis Voting Rights Advancement Act has been introduced in the 118th Congress as H.R. 14 in the House of Representatives and S. 4 in the Senate. Representative Terri Sewell (D-AL-07) reintroduced the bill in the House on September 19, 2023, and Senator Dick Durbin (D-IL) reintroduced it in the Senate on February 2, 2024.
[Current Status Update Needed] (As of the last update of the original article, the John Lewis Voting Rights Advancement Act had not yet been reintroduced in the 119th Congress. For the most up-to-date information, please refer to official legislative sources and organizations like the Human Rights Campaign.)
The John Lewis Voting Rights Advancement Act represents a vital step towards restoring the full promise of the Voting Rights Act of 1965. In a time of increasing threats to voting rights, its passage is essential to ensuring fair, accessible, and equitable elections for all Americans.
For further information, please contact [email protected] or explore additional Federal Legislation pertinent to the LGBTQ+ community here.
