Lesbian and Transgender

Four Bills in Congress Aim to Limit Anti-Gay Bias

Tuesday, May 4, 2010

Four bills designed to curb discrimination based on sexual orientation are pending in Congress. Some advocates are hopeful, but others are more wary about hostile lawmakers and a lack of leadership by President Obama.

american pride flagWASHINGTON (WOMENSENEWS)--Four bills pending in Congress would protect against discrimination based on sexual orientation in employment, schools, adoption and application for credit.

With health care reform completed, gay rights groups hope that lawmakers will now turn to these bills, with the legislation focused on hiring considered the most likely to pass this year.

But the question is how high to set their hopes.

Some lesbian, gay, bisexual and transgender, LGBT, advocates say their agenda has gained momentum from the passage of a federal law against hate crimes last fall and years of educating the public and lobbying members of Congress about the unique struggles of the gay community.

"We've already laid the groundwork," said Stacey Long, federal legislative director for the National Gay and Lesbian Task Force, an advocacy group with branches across the country that is tracking about 20 bills in Congress. The bills cover a broad range of areas from immigration to domestic partnership benefits.

Allison Herwitt, legislative director for Human Rights Campaign, a Washington-based gay rights group, sounded more doubtful.

"Any legislation affecting LGBT people remains a challenge to move forward in Congress," she said in a recent e-mail interview. "There are still many members hostile to our equality."

The White House recently drew praise from the National Gay and Lesbian Task Force and other LGBT groups for Obama's executive order to protect hospital visitation rights for same-sex couples at institutions that receive Medicare and Medicaid funding.

"With this action, the government is taking a significant step toward recognizing our underlying humanity," said the Task Force's Executive Director Rea Carey, in a statement.

But Jonathan Rauch, a guest scholar on gay issues at the Brookings think tank in Washington, shrugged off Obama's agency directive to Health and Human Services, characterizing it as an impermanent gain that can easily be overturned by future administrations.

In an email interview, Rauch called the hospital visitation announcement "consistent with a strategy in which the president will take relatively low-cost steps on LGBT issues, but is going to be cautious about spending major political capital or seeming to drift too far left."

Tackling Controversial Issues

Skeptics such as Rauch want Obama to tackle controversial issues that necessitate legislative battles. A prime example would be repealing "Don't Ask, Don't Tell," the policy requiring gay members of the military to remain closeted or risk expulsion.

Top Four LGBT Bills:

  • Employment Non-Discrimination Act
  • Student Non-Discrimination Act
  • Freedom from Discrimination in Credit Act
  • Every Child Deserves a Family Act

House Majority Leader Steny Hoyer, a Democrat from Maryland, acknowledged in a recent article in the Congressional Quarterly that the House was likely to vote this year on a decades-old bill that would prohibit employment discrimination based on sexual orientation or gender identity. Hoyer's office did not return e-mails or phone calls for confirmation.

The bill, called the Employment Non-Discrimination Act, has almost 200 co-sponsors and is the likeliest of the four LGBT bills to become law this year. A Senate version of the bill has almost 50 sponsors, including Republicans.

Supporters of the bill cite a 2009 study, conducted by the National Gay and Lesbian Task Force and the National Center for Transgender Equality, that found the unemployment rate for transgender people is twice that of the general population.

A close second for passage this year is the Student Non-Discrimination Act. The bill would extend federal civil rights protections to gay and transgender students who face harassment in public schools. It would also give them legal recourse if they were bullied.

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