Frequently asked questions about the American Equality Bill.
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By Todd (Tif) Fernandez | Contact
Todd (Tif) Fernandez has a Masters of Law in Human Rights and Democratization from the University of Pretoria, South Africa.
A graduate of Boston University Law School, he was General Counsel and Legislative Director for Economic Affairs in Massachusetts, and a Governor's Ombudsman.
He has spoken at the United Nations on the Divided Executive and Elected Attorneys General, and advocates for equal LGBT inclusion in America's Civil Rights Laws, immigration reform for bi-national couples (for which he was recently arrested along with 107 community and religious leaders).
Tif demands movement principles and integrity, and engages in civil disobedience and direct action.
To this end, he is working to include LGBT people equally in the full compliment of America's Civil Rights Laws via The American Equality Bill.
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Q: WHY CHANGE THE 1964 CIVIL RIGHTS ACT?
The '64 CRA has come to represent dignity and equality under the law in America for groups facing historic and on-going discrimination. It is a matter of international human rights law and treaty obligation, and our own Constitution that all people be protected from discrimination. We should obviously be included and protected by it like every other group. It is akin to a ‘group non-discrimination insurance policy' and we want in!
Q: WHAT DOES THE AMERICAN EQUALITY BILL (AEB) DO?
The AEB inserts "sexual orientation and gender identity" into The 1964 Civil Rights Act (Titles 2, 3, 6, 7, 8), The Equal Credit Opportunity Act, The Gov't Employees Act, and The Civil Service Reform Act. It also fixes some discriminatory language in the Americans With Disabilities Act, and adjusts definitions in the Family and Medical Leave Act. Passing the AEB will finally make it illegal under official U.S. FEDERAL POLICY to discriminate against 30 Million LGBT Americans - or anyone else based on these traits.
Check:
> General context for the American Equality Bill
> Download the draft bill
Q: WHAT IS THE 1964 CIVIL RIGHTS ACT EXACTLY?
The '64 Civil Rights Act is a federal law that made it illegal to discriminate against people based on who they are. Martin Luther King and President Kennedy (who filed the bill on June 11th, 1963, after the '62 mid-terms in his first and only term), are credited with its arrival. But President Kennedy was killed after filing and President Johnson carried the bill to law in under one year (July 2, 1964) with strong bi-partisan support. The original law has been amended over time to add new groups and expand its scope of protection.
Check:
> Kennedy's Speech Introducing CRA as well as
> Johnson Signing CRA
> CRA History
Q: WHO IS PROTECTED UNDER THE '64 CRA?
Currently, the CRA covers "race, color, sex, national origin and religion." This means it is illegal to discriminate against people based on those traits of their being. Some of these are fixed like color or sex, but others are not, like religion. Thus the old question of whether sexual orientation or gender identity is a "choice" is irrelevant. It is fundamental to who we are, and thus entitled to full protection. Think of these as the "insureds" under the group non-discrimination insurance policy. The AEB seeks to add sexual orientation and gender identity (SO+GI) as additional "insureds" and does not otherwise touch the CRA content.
Q: WHAT AREAS OF DAILY LIFE WOULD BE PROTECTED FROM DISCRIMIANTION IF SO+GI WERE INCLUDED IN THE '64 CRA?
The '64 CRA covers most of our daily lives and interaction with others. It makes it illegal to discriminate against people in: employment, housing, access to credit, all public places (restaurants, stores), all gov't facilities (including schools), and in all federally-funded programs (reaching deep into the state programs like homeless youth, adoption, health programs, suicide prevention, etc.). Think of this as the "coverage areas" under a group non-discrimination insurance policy. The AEB does not change these or the scope of coverage in any way.
Q: HAS THE LGBT COMMUNITY EVER TRIED TO GET INTO THE '64 CRA?
Yes. In 1974, Congressman Ed Koch and Congresswoman Bella Azbug filed a bill to put "sexual orientation" (and other categories) into the CRA, but when it didn't pass quickly, it was dropped. The LGBT proposed bills then became piecemeal, and smaller. The time has come with a mixed-race President, who clearly benefited under the CRA himself, to call the question for our community so our LGBTQ children can also dream of becoming President.
Q: WHAT ARE WE WAITING FOR?
We're not waiting anymore. But even today groups like the NAACP resist our demands to be included in the '64 CRA because they say they are "afraid" of "opening up the CRA" because of possible attempts to water down the existing protections. Of course, that fear can no longer justify our exclusion. Our bill is also drafted with medical precision to insert SO+GI cleanly, and not touch other provisions. We will stand firm on this throughout the legislative process to avoid any tinkering with the CRA generally.
Q: WHY IS MARRIAGE EQUALITY NOT COVERED BY THE '64 CRA OR THE AEB?
Marriage is a state law issue and experts say no federal law can fix discrimination on this issue. This is evidently the Supreme Court's job (as it did in ending discrimination in inter-racial marriages). The Prop. 8 trial and DOMA trials (both won at the local level) will likely affect marriage equality in the states. But securing our place in the '64 CRA should also help prepare the Country and Court for the right outcome. On the legislative front, repealing DOMA does not create marriage equality, but it allows the federal gov't to recognize same-sex marriages from states that permit them. No LGBT bill has ever been proposed that would end marriage discrimination across the Country.
Q: DOES THE CIVIL RIGHTS ACT 'BELONG' TO THE BLACK CIVIL RIGHTS MOVEMENT OR WOMEN'S MOVEMENTS?
No. The CRA is a law designed to end discrimination in America. This is the primary responsibility of Congress and the President: to protect people from discrimination in their daily societal lives. While rightfully associated with the black civil rights movement that championed it, it now includes women, religions, and people of different nationalities. Gay figures like Bayard Rustin also featured prominently in the black civil rights movement and many worked for these other causes, and they are overdue for inclusion. The CRA clearly should include SO+GI, but we've yet to demand it.
Q: WHAT IS THE AEB PROJECT?
The AEB Project is a grassroots, all volunteer grouping of individuals who want to push the AEB to be filed and passed. (Check the facebook page or join listserve at AEB1@googlegroups.com.)
The main organizing tool is the FB page, and a related presence supported by the activist network: www.ActOnPrinciples.org - to track Congressional sponsorship activity.
The AEB Project is not an organization, nor seeking to be one, but rather seeks to be a catalyst by making the AEB available and urging individuals to take their own creative steps to promote the AEB, its filing, and the issue of our Civil Rights in their States and in the movement. The current Project focus is on securing the first Congressional sponsor and stirring the movement conversation to bring our Equal Civil Rights NOW to the forefront.
Q: WHO IS BEHIND THE AEB PROJECT?
The AEB started at eQualityGiving.org with Juan Ahonen-Jover, who worked with Karen Doering (former senior counsel to the National Center for Lesbian Rights) to draft an omnibus bill to expand the movement legislative strategy. That bill contained the CRA provisions that now make up the AEB.
Serving as the AEB Project's Campaign Facilitator is J. Todd (Tif) Fernandez, Esq. who worked with eQualityGiving.org and its other project ActOnPrinciples.org for over a year before starting the AEB Project. Tif is volunteering his time for this.
Q: WHAT ARE THE GOALS OF THE AEB PROJECT?
- Introduce the AEB and issue of our Civil Rights to the debate (done).
- Get the AEB FILED in Congress by November 2010 (underway).
- Demand Televised Congressional Hearings on the AEB by Harvey Milk Day, May 21, 2011 (next).
- Garner votes and have Bill Signing Ceremony at the Lincoln Memorial by June, 28, 2012, the 43rd Anniversary of Stonewall (why not!).
- For latest AEB Project updates and actions, check the blog postings on www.ActOnPrinciples.org, or the AEB Project on facebook.
Q: WHAT DOES THE AEB AND AMENDING THE CRA DO TO OUR MOVEMENT AND MESSAGING?
Our movement message cleanly simplifies to one demand: Equal Civil Rights Now! This changes the entire debate from special-issues like DADT or employment non-discrimination only (such as proposed under ENDA) to ALL the federal laws that protect society from discrimination, at once. So for allies and elected officials (friend and foe a-like) the question because: do you think we're equal, and if so, do you support us being equally protected under the '64 CRA. Yes or no? For our movement, we have to ask the same question, but once we get to YES, we'll have ONE BILL to rally behind for full equal federal civil rights. The rest falls in line from there! End of story.
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