I'd like to initiate a dicussion on where and what movement we imagine can be made on the GBLT front in the next 4 years. I think it's important to recognize that there is really a very tiny window of opportunity, between 2008 and 2012. The conventional wisdom is Obama, and the Dems won't want to kick off a new era by imposing "San Francisco values" on American. Problem is, 2010 elections and 2012 primaries will be here before we know it.
And if we, GLBT activists, don't seize this moment, when we have in the Oval Office, ostensibly, a beckoning signing pen rather than a foreboding veto stamp, what good does it do for specifically the GBLT community to work to elect Democrats? If we can't exert at least some influence, we might as well disband our PACs and go disco dancing.
So I'm inviting Kossacks to put on their pundit's magic sooth-saying caps and make some predictions on how, when, or if Congress and the Obama administration will initiate movement on pledges that have been made to the GBLT community?
I'd like to avoid the topic of gay marriage. First, it's done to death. Second, I find it a little annoying that subject seems to have become both the beginning and end point of all GBLT-equality discussions. There's a heck of a lot more to talk about. Lastly, I'd like to concentrate specifically on national, legislative solutions, which places gay marriage farther down the road than 2012, in my (and likely many folk's) opinion.
And while there's no ignoring Obama's opposition to gay marriage, which would also makes a Federal remedy a non-starter. Some see that as an Obama administration wholesale opposition to gay equality (and, yes, I've seen those claims made, even here). That's not true. I'd point out Obama has actually made a number of very significant pledges to the GBLT community.
I'll take my talking points from Change.gov: The Obama-Biden Plan.
Now, wherever possible, I've tried to converge Obama's plan with existing bills I'm aware of that would accomplish his stated goals. I've done a little research, but this diary is an appeal to the legion of Kossacks to share their tangible knowledge and wonkish opinions on where legislation stands, and what--if anything--can be pragmatically accomplished in the next four years.
Expand Hate Crimes Statutes: In 2004, crimes against LGBT Americans constituted the third-highest category of hate crime reported and made up more than 15 percent of such crimes.
This likely references the Matthew Shepard Act, an amendment to the existing Federal Hate Crimes statute that would add crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. After passing in the House and the Senate by September 2007, it was ultimately dropped because of threat of a Presidential veto (Bush, ugh!).
Oddly, it was attached to the Senate Defense Re-authorization bill (Huh? Um, OK...), and collateral damage of skirmishes over the Iraq war. It enjoyed reasonably popular support in the Senate of 43 co-sponsors, even garnering 4 GOP votes. It seems if Reid were to put it back on the table, given the gains made this cycle in the Senate, it should pass easily, no?
Fight Workplace Discrimination: Barack Obama supports the Employment Non-Discrimination Act, and believes that our anti-discrimination employment laws should be expanded to include sexual orientation and gender identity.
Oh, the ENDA fight. Briefly, passed the House in September of 2007 only after controversially jettisoning language covering transgender community (a move I disagree with). Interesting to note Obama's language re-includes the transgender community. Senator Edward Kennedy has pledged his supportto pass it in the Senate, although it is unclear where it stands legislatively in that body.
However, this seems like one of the less controversial bones that could be tossed toward the GBLT community. Passing and signing ENDA would likely not be a huge fight, at least not under the right leadership (oh shit, we're still stuck with Reid, aren't we?). And would be a sorely-needed victory for the GBLT community and reinforce the idea that opening our schedules and wallets is not a just waste of time and money.
Support Full Civil Unions and Federal Rights for LGBT Couples: Barack Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples. Obama also believes we need to repeal the Defense of Marriage Act and enact legislation that would ensure that the 1,100+ federal legal rights and benefits currently provided on the basis of marital status are extended to same-sex couples in civil unions and other legally-recognized unions. These rights and benefits include the right to assist a loved one in times of emergency, the right to equal health insurance and other employment benefits, and property rights.
Aside from the precise and specific act of repealing DOMA, this pledge is so broad and far-reaching as to be seen as a lovely-sounding, but ultimately vacuous, talking point. As DOMA would invalidate any recognition of Federal Civil Unions, I suppose it's unsurprising no one is moving on bill to create them (correct me if I'm wrong, please).
Legislation that would bring GBLT individuals on parity would be enormous in its scope, covering rights of inheritance, joint tax-filing, employer benefits, military and government benefits pensions, power of attorney and rights of hospital visitation. Even the most wide-eyed optimist can't possibly envision our Congress coming together to support such an enormous single bill for the GBLT community in face of culture warriors and special interest that would have a stake in it, could they? Is Obama proposing piecemeal legislation to address the 1,100+ federal legal rights and benefits GBLT couples are denied. Oy! The head reels at the thought. I don't think anyone is even proposing Federal bills addressing inheritance, tax policy, rights of visitation, private and public employer benefit disequity.
One area of inequality, with a currently-proposed Federal remedy is immigration rights. The Uniting American Families Act would extend the rights of immigration petition to GBLT Americans with same-sex non-resident partners. Under current law, GBLT partner are given absolutely no consideration with regard to immigration petitions. (Plug, there is a beautiful and heart-breaking documentary about this, Through Thick & Thin, which I highly recommend.)
Introduced by my own Jerry Nadler (hooray!), the House bill H.R. 2221, currently has 118 sponsors. In the Senate the bill, introduced by Patrick Leahy enjoys 18 co-sponors, mostly the unusual suspects (Kennedy, Feingold, Boxer) but notably not Hillary Clinton nor Barack Obama.
My fear is this will get held up until a full immigration package can be put together. And with nary a peep about immigration once the GOP primaries finished--and as divisive and hurtful as that issue was to many candidates--that topic may languish forever, and along with it, this worthy bill.
Oppose a Constitutional Ban on Same-Sex Marriage: Barack Obama voted against the Federal Marriage Amendment in 2006 which would have defined marriage as between a man and a woman and prevented judicial extension of marriage-like rights to same-sex or other unmarried couples.
That's a real gimmee for the Obama team to claim. The threat of a Constitutional amendment banning gay marriage has never struck me as more than political grandstanding. No one ever thought it stood a chance of being ratified (or was worth the money to do so).
Repeal Don't Ask-Don't Tell: Barack Obama agrees with former Chairman of the Joint Chiefs of Staff John Shalikashvili and other military experts that we need to repeal the "don't ask, don't tell" policy. The key test for military service should be patriotism, a sense of duty, and a willingness to serve. Discrimination should be prohibited. The U.S. government has spent millions of dollars replacing troops kicked out of the military because of their sexual orientation. Additionally, more than 300 language experts have been fired under this policy, including more than 50 who are fluent in Arabic. Obama will work with military leaders to repeal the current policy and ensure it helps accomplish our national defense goals.
Again back to the "Won't make it an issue out of the box like Clinton," concern. However, one wonders, when IS a good time? If not 2009, 2010? Sure we can't go to the mat on this one in 2011, so close to re-election. I think a wait and see time is appropriate. Reports, both statistical and anecdotal, say that both rank and file military folks are increasingly comfortable with the idea and see the ban as old school. I am inexplicably and uncharacteristically optimistic that by 2012, we will see the nation's second largest employer finally modeling non-discriminatory hiring practices.
Expand Adoption Rights: Barack Obama believes that we must ensure adoption rights for all couples and individuals, regardless of their sexual orientation. He thinks that a child will benefit from a healthy and loving home, whether the parents are gay or not.
I'll give Obama team props that this is swimming upstream rhetorically, with ballot props brewing across the country outlawing gay adoption (one aimed at that goal just passed in Arkansas). I'm not able to google up any bills that might reinforce gay individual's rights to adopt (or secondarily, universal acceptance of same-gender second-parent adoptions). Presumably such legislation could be drafted, which would likely strike down Florida's outright ban on gay people's right to adopt.
However, this would almost certainly invite a state's rights fight and a Supreme Court Constitutional showdown, which I'm guessing is why, apparently, no national legislator has taken it on (aside from the standard apathy). Given the current volatility of the issue, I would be very shocked if anyone from the House, Senate or White House did anything substantive in the next 4 years to affirm gay people's right to adopt.
Promote AIDS Prevention: In the first year of his presidency, Barack Obama will develop and begin to implement a comprehensive national HIV/AIDS strategy that includes all federal agencies. The strategy will be designed to reduce HIV infections, increase access to care and reduce HIV-related health disparities. Obama will support common sense approaches including age-appropriate sex education that includes information about contraception, combating infection within our prison population through education and contraception, and distributing contraceptives through our public health system. Obama also supports lifting the federal ban on needle exchange, which could dramatically reduce rates of infection among drug users. Obama has also been willing to confront the stigma -- too often tied to homophobia -- that continues to surround HIV/AIDS. He will continue to speak out on this issue as president.
I can squarely fall into the "thank god Bush is (almost) gone" camp on the HIV issue. After the failure of abstinence-only health programs, and numerous unworthy and offensive Bush administration appointees (1, 2, 3), I can only say anything's better than Bush--short of REAGAN of course. I trust Obama administration head and shoulders over "science is bad, prayer is good" crowd that's been managing this issue for 8 years.
Empower Women to Prevent HIV/AIDS: In the United States, the percentage of women diagnosed with AIDS has quadrupled over the last 20 years. Today, women account for more than one quarter of all new HIV/AIDS diagnoses.
Respectfully this seems misplaced as a GLBT issue on change.gov. Not that it's not worthy and important, just misclassified. Lesbian women enjoy the lowest HIV infection right, and gay men aren't getting HIV from women (duh!). (Disclaimer: Of course, it's a concern to bisexuals.) I guess I just feel compelled to point out "good on AIDS ≠ gay-friendly." Lauded AIDS-activist Rick Warren--by his own admission--didn't notice AIDS at all until he discovered it was killing babies in Africa in 2002 (read the first sentence, 'nuff said.)