As one of the most, if not the most, progressive and inclusive anti-discrimination acts for non-heterosexual people in the United States, the District of Columbia Human Rights Act can still be improved. The Act already protects individuals on the basis of “sexual orientation,” but it would be more inclusive if its language were changed to protect individuals on the basis of their “lawful sexual conduct.” There is an important difference in the meanings of these two phrases. “Sexual orientation,” a product of the identity theory of sexuality, refers to sexuality as an inborn trait or identity. “Lawful sexual conduct,” rather, recognizes that it is not only an individual’s identity that causes some to be discriminated against; an individual’s conduct and actions are also equally relevant to anti-discrimination analysis.