ENDA...Is It Time To Turn Up The Heat?

Employment non-discrimination is getting some much needed coverage this week...albeit for all the wrong reasons. President Obama is coming under fire for refusing to issue an executive order banning anyone contracting with the Federal Government from discriminating against any of their employees on the basis of sexual orientation or gender identity. To be honest, while the reports call it a "blow for advocates", I don't think anyone is surprised. If anyone feels echoes of the DADT repeal or the President's "evolution" on marriage equality that's because the same tactics and verbage are again being put in play. While this executive order would only affect the employees of government contractors, it would at least be a step in the right direction to a larger national law. Instead, the administration is claiming to put their efforts into a national ENDA policy by building a "coalition" of bipartisan support. In a recent White House response to the President's decision, Press Secretary Jay Carney articulated the Administrations viewpoint:

The President is dedicated to securing equal rights for all LGBT Americans.  And that is why he has long supported an inclusive employment non-discrimination act which would prohibit employers across the country from discriminating on the basis of sexual orientation and gender identity.  The President is committed to lasting and comprehensive non-discrimination protections, and we plan to pursue a number of strategies to attain that goal.  Our hope is these efforts will result in the passage of ENDA, the Employment Non-Discrimination Act, which is a legislative solution to LGBT employment discrimination.

And I would make the comparison here that pursuing that strategy, the passage of ENDA, is very similar to the approach the President took for the legislative repeal of “don’t ask, don’t tell.”

Does all this sound familiar to you too? With the repeal of DADT, the President had it within his power to issue and executive order and instead, opted to build a similar bipartisan coalition and came under all the same criticism. But there's a problem with the Administrations version of events surrounding the repeal of DADT that may be key to understanding our role in helping pass ENDA and ensuring workplace protections for all LGBT Americans....and that is the role of outside pressure.

The Case Of The Lesbian Juror

Oh court drama's...I love to hate them. I never was one to have patience for Matlock or Law and Order type T.V. shows. It's doubly frustrating then, to have to wait on the courts to decide on our civil rights. It is an exercise in patience to watch them debate the merits of our lives in terms of ice cold facts and legal precedence...and then put off a decision till next year because they can't answer a procedural question. Yet, as the race for the Republican nomination is illustrating, there is no quarter given us from elected officials...our fates, it seems, depend on the courts.

Currently, there are several legal challenges to DOMA painstakingly climbing the legal ladder to the Supreme Court. If any of them make it that far, we will then be at the mercy of the residing justices. A great deal of speculation has been made concerning their individual opinions based off their personal views and the niggling detail of whether gays are considered a "suspect class". That simple designation would elevate issues like DOMA or an inclusive ENDA from the realm of partisan political whims to legally acknowledged civil rights necessities  So far...efforts to add sexual and gender identity to the other protected classes of gender, race, and religion have failed.

And then came "The case of the lesbian juror"....An odd name to be sure and the case itself seems to leave more questions than answers. however, if the story is worth it's salt, it could have extremely far reaching implications on our designation as a "suspect class" and lend tremendous gravitas to our strivings for full legal equality. Who is this mystery juror and how could her story impact the greater struggle for gay rights?...Read on to find out...

The View From Under The Bus

Of the goals the gay community has as signposts on the way to full legal equality, three of the biggest are:

1) ENDA the Employment Non-Discrimination Act whose passage would make it illegal to fire someone from their job on the basis of sexual identity. This one sees most of its resistance because it includes a provision for transgendered peoples.
2) DOMA....repealing the Defense Of Marriage Act which currently protects states from having to recognize same-sex marriages performed in other states stands as a barrier to the recognition of same-sex marriage on a federal level. this dovetails with the individual state fights for same-sex marriage recognition.
3)DADT....also a repeal action, giving Don't Ask, Don't Tell the ax would end the discharge of LGBT people from the United States armed forces on the basis of their sexual identity.

They are also specific items that the White House has promised to specifically repeal...as in the case of Don't Ask, Don't Tell...or promised to work toward as part of their advocacy and "change you can believe in".

Boiling them down to their essence... employment protection, military service, and marriage equality...all have the common denominator of seeking equal treatment under the law for gay, lesbian, bisexual, and transgendered U.S. citizens. No special treatments or provisions...just the ability to reap the same legal benefits from our society that our straight fellows enjoy...seeing as how we are expected pay our taxs and fulfill all other obligations of U.S. citizenship....expecting equal legal treatment is not too much to ask....but then, why is it so easy for lawmakers to throw us under the bus? Since, despite promises, it's likely that we will see NONE of these things accomplished this year....zip...zero...nada...

The White House Pride Reception...Taking A Hard Look At Our Progress

A White House reception for Pride month has just wrapped up. That heads of activist organizations have been invited to the White House is not especially unique under this administration. The HRC alone spends more time at the White House than they do within their own offices. What marks this reception as different was that the heads of the largest LGBT lobbying groups where NOT invited. Since HRC has taken so much criticism of late for their utter lack of effectiveness given the amount of time they spend attending fancy cocktail parties, it will be interesting to see the results of what happens when they are specifically left off the guest list. So.....What happens when you mix a room full of gay activists with the President of the Unites States, and free cocktails? A very long speach. watch the video after the jump...

Gay Activism Steps It Up

Not to Long ago in a previous post I mused that the future of the struggle for gay rights will have to move beyond the tactic of politely asking the powers that be for our due civil rights and on to more assertive forms of civil protest. Now, with Dan Choi's arrest, the topic is all over the net.

Well...I hate to give big fat "I told you so's"....o.k....no I don't....I told you so!....

Yesterday Lt. Dan Choi and Capt. Jim Pietrangelo, in protest over DADT, chained themselves to the WhiteHouse fence. On the surface Dan Choi and Pietrangelo's actions in chaining himself to the Whitehouse fence seem an ill timed gesture. The Army had just let him back on active duty and suspended his discharge. Are the lawmakers that pushed to get him reinstated feeling a bit upset by his actions? In addition, Congressional hearing are taking place discussing the need for a DADT repeal and public opinion, by and large, is with a repeal. Making lawmakers upset at this stage in the game may erode what little support there is in congress. Not that he should cease advocating for what he believes in but chaining yourself to the Whitehouse fence is bound to make you more enemies than friends...not the least because it can be interpereted as showboating in an effort for Lt. Choi to get his name back in the news.

But dialing our view back from the specific event of Dan Choi's arrest alot more took place on that day.

With Friends like These...

GLBTQ people are a very diverse group covering all classes and political backgrounds, but most GLBTQ people will tend to vote Democratic because of the perception that Democrats support our issues...and Democrats have no problem allowing that perception to stand as long as we donate money and vote. Lately however, our "fierce advocates" have been anything but fierce.