Status of the incremental LGBT legislation at the federal level.
EQUALITY GOAL: HATE CRIMES - ACHIEVED!
Hate Crimes legislation (HR 1913) was re-introduced in the current session of Congress on April 2, 2009.
It was signed into law by President Obama on October 28, 2009, days after it was passed by the Senate.
It passed the House of Representatives on April 29, 2009 by a vote of 249 to 175 as follows:
- Democrats: 231 in favor, 17 against
- Republicans: 28 in favor, 158 against
In the prior session:
> Hate Crimes legislation passed the House of Representatives on May 3, 2007 by a vote of 237 to 180.
> It passed the Senate on September 27, 2007 by a vote of 60 to 39. All Democrats, the two independents and nine Republicans voted in favor. (The only Senator not voting was John McCain. Senator Larry Craig voted against this legislation.)
> Congress did not submit this legislation in 2008 to president Bush for signature (or veto).
The Hate Crimes legislation voted in the last session of Congress defines gender identity as " actual or perceived gender-related characteristics." If Hate Crimes legislation is re-introduced, it should update that definition to what we use in the Omnibus Equality Bill:
"The term “gender identity” means the gender-related identity, appearance, or
mannerisms or other gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth."
EQUALITY GOAL: NON DISCRIMINATION
A trans-inclusive ENDA was introduced in the US House of Representatives on June 24, 2009. It is limited to employement non-discrimination.
In the prior session:
> The Employment Non Discrimination Act (ENDA) was introduced in April 2007 (HR 2015) covering only employment discrimination based on sexual orientation and gender identity/expression. In September 2007, it was split into two bills: (1) HR 3685, which protects sexual orientation but not gender identity, and (2) HR 3686 ( GENDA) that covers gender identity and expression. This created considerable debate on the LGBT community.
Even the trans inclusive ENDA (HR 2015) introduced in the last session of Congress falls short of the protections given in employment to other groups, mostly due to exemptions for religious groups and small businesses. ENDA should be as comprehensive as the employment protections provided in the Omnibus Equality Bill.
EQUALITY GOAL: MILITARY - DON'T ASK DON'T TELL - BILL PASSED!
The Military Readiness Enhancement Act of 2009 (H.R. 1283) was introduced in the House by Rep. Ellen Tauscher (D-CA) on March 3, 2009. No companion bill has been introduced in the Senate. A similar bill (HR 2965) was introduced on June 18, 2009 and passed the House on December 15, 2010 and the Senate on December 18, 2010.
Compared to full equality, here is what is missing on this bill (based on work by Karen Doering, Esq.):
- Add the term gender identity every time that sexual orientation is mentioned.
- Add a definition of gender identity as: "the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth."
- Delete Sec. 5 which refers to the Defense of Marriage Act (DOMA).
- Add this section:
"(1) Dress and Grooming Standards- Nothing in this Act shall prohibit the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from requiring a member of the armed services to adhere to reasonable gender specific regulations governing dress or grooming standards not prohibited by other provisions of Federal law, the Uniform Code of Military Justice or applicable regulations or policies, provided that any member of the armed services who has undergone gender transition prior to the time of enlistment, and any member who has notified his or her commanding officer that the member has undergone or is undergoing gender transition after the time of enlistment, whichever is later, is permitted to adhere to the same dress or grooming standards for the gender to which the member has transitioned or is transitioning.
(2) Certain Shared Facilities- Nothing in this Act shall be construed to prohibit the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from denying access to shared shower or dressing facilities in which being seen fully unclothed is unavoidable, based on the actual or perceived gender identity of a member of the armed services, provided that the Secretary provides reasonable access to adequate facilities that are not inconsistent with the member's gender identity as established at the time of enlistment or upon notification to his or her commanding officer that the member has undergone or is undergoing gender transition, whichever is later."
EQUALITY GOAL: MARRIAGE EQUALITY
No legislation has been introduced to repeal the Defense of Marriage Act (DOMA).
In addition of repealing DOMA, we need to introduce legislation to proactively require the federal government to recognize same sex couples relationships granted by other states and jurisdictions.
Legislation to allow same-sex couples to sponsor a partner for immigration purposes was re-introduced in this session of Congress:
EQUALITY GOAL: FREEDOM OF GENDER
No federal legislation has been introduced.
EQUALITY GOAL: PROTECTING YOUTH
No federal legislation has been introduced.
EQUALITY GOAL: SAME SEX PARENTING RIGHTS
These rights are normally regulated at the state level.
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