ENDA Hearing Marks a Momentum-Boosting Turning PointEarlier this week, the House Education and Labor Committee held a hearing on the recently introduced Employment Non-Discrimination Act (H.R. 3017). This legislation, which now has the bipartisan support of 178 members of the House of Representatives, would prohibit employment discrimination against people based on their sexual orientation (which remains legal in 29 states) and gender identity (which remains legal in 38 states). This patchwork quilt of protections simply will not suffice when it comes to protecting peoples’ basic civil rights. There is a clear and compelling need for a federal ENDA. If the huge line of people attempting to get into the hearing was any indication, this legislation has certainly generated a lot of interest on the Hill. From the outset, it was apparent just how far the momentum had swung to those who support the passage of this critical legislation. Acting Head of the U.S. Equal Employment Opportunity Commission, Stuart Ishimaru, testified on behalf of the Obama administration and stated that — It is a privilege to represent the Obama Administration and the EEOC at the first hearing this Congress to consider ENDA, to voice the Administration’s strong support for legislation that prohibits discrimination on the basis of sexual orientation and gender identity. This legislation will provide sorely needed and long overdue federal protection for lesbian, gay, bisexual, and transgender (LGBT) individuals, who unfortunately still face widespread employment discrimination. Representative Tammy Baldwin (D-Wisconsin), one of just three openly gay Members of Congress, spoke with pride about how Wisconsin was the first state, in 1982, to ban employment discrimination based on sexual orientation. Additionally, in her testimony in support of ENDA, she specifically cited the ACLU’s 2007 report entitled “Working in the Shadows: Ending Employment Discrimination for LGBT Americans.” With the introduction of the Respect for Marriage Act last week and the ENDA hearing this week, it has been a busy few weeks in Congress for LGBT issues. There is a very strong possibility that the full House of Representatives will soon be voting on ENDA (and then it’s off to the Senate). If you have yet to do so, please contact your representatives and urge them to support this common sense legislation. Fundamental fairness demands nothing less!
Of DOMA and DodosEarlier today, I attended a press conference hosted by Representative Jerry Nadler (D-N.Y.), at which he announced the formal introduction in Congress, with over 90 original co-sponsors no less, of the long-awaited “Respect for Marriage Act of 2009.” This much-anticipated legislation would fully repeal the mean-spirited and discriminatory Defense of Marriage Act (DOMA), which denies lawfully married gay and lesbian couples more than 1,100 federal rights and protections that are afforded to all opposite-sex married couples.
In many respects, it is hard to imagine just how far we have come in the 13 years since DOMA was signed into law in 1996. Back then, gay and lesbian couples could not legally marry in any state. In fact, the concept of civil unions was considered pretty radical. By contrast, gay and lesbian couples today enjoy full marriage equality in six states from Maine to Iowa, with several others offering broad protections that fall short of marriage like civil unions and domestic partnerships. However, because of DOMA, even those couples who enjoy marriage equality at the state-level are denied every single one of the federal rights and protections that are given, almost as an afterthought, to opposite-sex married couples. Additionally, voters in Maine will soon decide a ballot measure that would strip away marriage rights from gay and lesbian couples in that state. I encourage everyone to check-out the website for “Vote No on 1/Protect Maine Equality” to find out more and learn how you can get involved. Views on DOMA, even among one-time supporters like President Clinton and Members of Congress like former Representative and DOMA author Bob Barr, have changed over time and many now support its repeal. Additionally, President Obama has pledged his support for repealing DOMA. As I listened to the morning press conference and speaker after speaker explain why repealing DOMA was so important, I could not quite shake another image from my mind — that of the long-extinct Dodo bird. As the Dodo has been extinct since the late 17th century, all we have left of it are colorful paintings, fossils in museums and the phrase “going the way of the Dodo.” Thanks to the introduction of the Respect for Marriage Act, we are now just a little further along the path towards making DOMA go the way of the Dodo. And, unlike the harmless, fruit-eating, flightless Dodo, DOMA really has it coming! Someday, hopefully in the not-too-distant future, we’ll be able to look back and view DOMA as just an ugly relic of history and a reminder of the need to remain vigilant and ever-focused on the struggle for fundamental fairness and equality. With the introduction of the Respect for Marriage Act, Congress has now taken the first step towards making that a reality.
Turning on a Light, Turning Down the Violence — An Innovative Approach to GangsThere was an excellent article in yesterday's New York Times about an innovative approach officials are pursuing in Los Angeles to curb gang violence. The city's praiseworthy effort will actually result in an improvement of the lives of residents who live in neighborhoods with a long history of gang activity by fostering a greater sense of community, while decreasing crime and violence levels in the process. The really impressive aspect to this approach is that it doesn't rely on heavy-handed enforcement tactics or harsh new sentencing laws, but instead the simple step of turning on a light. The "Summer Night Lights" program is designed to decrease the violence associated with gangs by keeping the lights on until midnight in what the newspaper describes as some of the roughest parks in the city. What started last year with $1 million in private donations and eight parks, has spread to 16 sites this year, with pledges of matching support from city officials. The program is also supported by law enforcement officials, including Los Angeles Police Chief William Bratton. In reviewing the positive numbers, it's really not surprising. The article reported that in 2008, neighborhoods bordering the eight parks involved saw 86 percent fewer homicides and a 17 percent drop in gang-related violence. Additionally, some parks went through the entire summer without one homicide. We know that young people are often drawn to gangs because of unmet needs and for a sense of connection and community. Too often, the public policy response to this problem has been to push for tougher laws and longer prison sentences. A program like Summer Night Lights demonstrates that by fostering a greater sense community and providing young people with positive outlets, you can greatly reduce the problems and violence that stem from gang activity. On Wednesday of this week, the House Judiciary Subcommittee on Crime will be holding a hearing on a legislative proposal that rejects the failed approaches of the past in favor of proactively working with young people — the Youth PROMISE Act. The Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act (Youth PROMISE Act), is bipartisan legislation that provides much needed resources to at-risk communities from across the country that will enable them to engage in comprehensive prevention and intervention strategies to decrease juvenile delinquency and criminal street gang activity. The legislation currently has 225 cosponsors in the House and nine in the Senate. Please reach out and email your Members of Congress today to let them know of your strong support for the Youth PROMISE Act today. Programs like Summer Night Lights show that a different way is possible and can succeed. Now is the time for the federal government to step up to the plate!
A Fitting Tribute on the 40th Anniversary of StonewallThis coming weekend will mark a historic anniversary for LGBT Americans. It will have been 40 years since an early summer evening in New York City’s Greenwich Village saw the birth of the modern gay rights movement. June 28, 1969 was the day when LGBT people fought back against government and police persecution in the form of raids and arrests at bars where people could socialize and meet others like themselves. The Stonewall Inn was the location where LGBT people refused to go quietly, humiliated, into the night. In standing up for their rights, that small group of people laid the groundwork, at a time when being gay was still considered a mental disorder no less, for what would become a full-scale movement for equality for LGBT Americans. When you think about it, the progress that we have achieved in such a short amount of time is simply amazing, even with occasional setbacks and loses that are an inevitable aspect of any effort to expand civil rights. Today, after years of little more than faint hope, Congress stands on the cusp of passing critical and long overdue employment protections for LGBT people. Representative Barney Frank (D-MA), one of just a handful of openly gay and lesbian Members of Congress, has just introduced the Employment Non-Discrimination Act of 2009 (H.R. 3017). This legislation, commonly referred to as ENDA, would prohibit discrimination in employment based on an individual’s actual or perceived sexual orientation or gender identity. It already has a bipartisan group of 117 co-sponsors, including the Chairmen of the powerful House Judiciary and Education and Labor Committees. As a sign of the progress that the LGBT community has achieved over the past 40 years, nearly 90% of Fortune 500 companies have implemented non-discrimination policies that include sexual orientation. Additionally, 20 states and the District of Columbia have passed laws prohibiting employment discrimination on the basis of sexual orientation. Twelve states include those protections for people who are transgender. While these facts are certainly encouraging, there is an obvious gap in our civil rights laws that leave many LGBT people vulnerable to employment discrimination based purely on who they are. In 2007, the ACLU released a report entitled Working in the Shadows: Ending Employment Discrimination for LGBT Americans, which highlighted the stories of those who have been discriminated against in their jobs because they happen to be gay or transgender. Anyone who thinks this isn’t a serious problem or that Congress does not need to act should read the stories highlighted in this report. This April, the ACLU won an important legal victory for a transgender veteran who was denied a job with the Library of Congress after she informed them of her intention to transition from male to female. And just yesterday, there was a story in The New York Timesabout how lawyers in the Obama administration are finalizing first-of-their-kind guidelines that will bar workplace discrimination against transgender federal employees. Passage of the Employment Non-Discrimination Act (ENDA) will help to ensure that LGBT Americans will no longer need to live in fear at their jobs that they may be “outted” and lose their only means of survival or won’t even be given a chance because they are transgender. These are such basic protections that most people take them for granted. ACLU members and activists should contact their Members of Congress and urge them to finally pass this legislation. As those of us who happen to be part of the LGBT community remember the historic 40th anniversary of Stonewall, I can think of no better way for Congress to show its commitment to equality and fairness for all Americans than by passing the Employment Non-Discrimination Act of 2009.
Moving with "Dispatch" to Crack the DisparityYesterday, Attorney General Holder appeared before the Senate Judiciary Committee for a semiannual check-up (a.k.a. congressional oversight). Attorney General Holder was questioned about a many issues of interest to the ACLU. However, there was one question and answer that left me feeling cautiously hopeful. In response to a fairly lengthy question from Senator Durbin (D-Ill.), Attorney General Holder said it was his hope that Congress would move with "dispatch" to eliminate the notorious and racially discriminatory crack sentencing disparity this year. The Obama Department of Justice has previously testified in support of eliminating the crack sentencing disparity, but hopefully the comments of Attorney General Holder today will finally light the necessary fire under the tail feathers of certain Members of Congress. Early indications are promising. Senate Judiciary Committee Chairman Leahy (D-Vt.) immediately responded by saying that it was his hope to see Congress act this year to end the more than two-decade "crack" in our justice system. Additionally, it is very likely that we will soon see Congress begin the process of moving legislation that would finally correct this injustice. ACLU members and activists should act now to contact their representatives to let them know that this is an issue that demands their attention. Two decades are too long to wait. Our prisons are too crowded. We are spending too much money on an effective, unfair policy. It is time for Congress to move with the necessary "dispatch" to right this wrong!
Two Great Editorials to Close Out an Impressive WeekWhat a week it's been! On Monday and Tuesday, dozens of dedicated advocates from across the country were here in Washington to meet with Members of Congress about the pressing need to finally (after nearly 23 years) eliminate the infamous 100-to-1 crack sentencing disparity. On Wednesday, the U.S. Department of Justice, for the first time, testified before the Senate Judiciary Committee and stated that it is the administration's position that Congress should act this year to completely eliminate the disparity. And now today, both The New York Times and The Boston Globe have great editorials highlighting the testimony from this week's congressional hearing and urge Congress to step-up to the plate to finally end this glaring injustice in our criminal justice system. This is about making sure those moving words carved over the entrance to the Supreme Court - Equal Justice Under Law - are good for more than tourist pictures on a summer afternoon. As The Globe observed today: In poignant testimony following Breuer's, Judge Reggie Walton, an African-American who was appointed to the federal judiciary by Ronald Reagan and rose up the ranks under George H.W. Bush and George W. Bush, declared that "jails are loaded with people who look like me." The law created such mistrust that jurors often told him after trials that they could not convict, even if a defendant seemed guilty, because the mandatory sentence was so Draconian. They end their editorial by stating: What's sad is that this did not happen until America had a president who can look into the jails and feel the sting of seeing how loaded they are with people who look just like him. It is certainly sad that it has taken over two decades to get to this point. However, now that it has arrived, we need to seize the moment and the momentum by FINALLY ending this injustice. Let's keep the pressure on!
Hate Crimes Round #3 — House Passage!Well, what an afternoon of debate it was on the House floor yesterday. After sitting through literally hours of debate during the House Judiciary Committee consideration of the legislation last week, I thought I had heard it all. Little did I know that I would have the good fortune to see a certain Republican representative get on the floor and actually have a fairly lengthy rant about…wait for it…wait for it…celebratory gossip blogger Perez Hilton and a certain beauty queen from the Golden State. Really? This is seriously the best you can come up with? Anyway, after wading through such foolishness and a very witty, funny closing argument by gay Massachusetts Representative Barney Frank, the House did indeed pass the Local Law Enforcement Hate Crimes Prevention Act of 2009. The final tally had a whopping 249 representatives voting “Yes”! What’s even more impressive, the legislation advances civil rights, while upholding critical free speech and association protections. And that is something that the truest of the true civil libertarians could happily look upon. Protecting civil rights and the First Amendment need not be a zero-sum game; in fact, the two really are complements of one another. This is a view that the ACLU shares with some friends in high places. Just yesterday, President Obama stated: I urge members on both sides of the aisle to act on this important civil rights issue by passing this legislation to protect all of our citizens from violent acts of intolerance — legislation that will enhance civil rights protections, while also protecting our freedom of speech and association.The battle now moves over to the Senate. If they are smart, they’ll recognize that we can protect both civil rights and the free speech.
White House Favors Cracking the DisparityWhat a momentous day it was here in Washington! Earlier today, the Senate Judiciary Subcommittee on Crime and Drugs held a hearing on the 100-to-1 crack vs. powder cocaine sentencing disparity. There were many excellent witnesses who powerfully presented the case for reform, including the former head of the Drug Enforcement Administration (DEA), Asa Hutchinson. Without question, the highlight of the morning’s hearing was the testimony of Assistant Attorney General Lanny Breuer (PDF). Assistant Attorney General Breuer, in very direct language, laid out the administration’s position on this issue. In short, the Obama administration wants Congress to act this year to completely eliminate the crack sentencing disparity. This is indeed excellent news and to have the backing of 1600 Pennsylvania Ave. is going to go a long way towards helping us finally end this injustice. However, it won’t happen without the support and dedication of people throughout the country. We are heading into the bottom of the 9th, let’s not stop now. Join the ACLU in calling for Congress to end this unjust sentencing disparity.
Hate Crimes Mark-Up - Round #2So it took two days, but all in all, a very nice result. After fending off all of the poison-pill amendments, the House Judiciary Committee passed H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009 earlier today. The next hurdle will be a debate and vote in the full House of Representatives, which could happen as early as next week. From there, we’re on to the fun-filled U.S. Senate. Fingers crossed, we’ll be in the White House Rose Garden before the heat and humidity of a DC summer even set in. This stuff doesn’t happen in a vacuum though, so I hope all my fellow ACLUers will let their representatives and senators know that protecting civil rights and our 1st Amendment liberties are absolutely not a zero-sum game. As the ACLU’s Legislative Director, Caroline Fredrickson said – The ACLU strongly supports the Local Law Enforcement Hate Crimes Prevention Act as protecting both civil rights and free speech and association. We have found in our experience of fighting for stronger protections for civil rights and free speech and association rights that the two go hand in hand. Vigilant protection of free speech rights historically has opened the doors to effective advocacy for expanded civil rights protections. Additionally, last week, I wrote about the tragic murder of Angie Zapata as showing, in a very real way, why it is so important to cover gender identity in the hate crimes legislation (it thankfully does). Just yesterday, the man who brutally murdered 18-year-old Angie was convicted of her death and sentenced to life in prison. As this debate moves forward, I hope that Members of Congress keep people like Angie in their minds. I was delighted to hear Attorney General Eric Holder state just today how important his Justice Department considers hate crimes and express his support for expanding the federal government’s ability to address them. Stay tuned as the debate now moves to the Gang of 435.
Hate Crimes Mark-Up...Round #1After a good five hours of debate and nearly a dozen poison-pill amendments, the House Judiciary Committee has recessed until 10am tomorrow morning, at which time they will resume debate on H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009. The bill provides important new federal authority for investigating and prosecuting criminal civil rights violations, while also including strong protections for speech and association. Despite the crocodile tears from opponents of the legislation, this isn’t about “thoughts” or “beliefs,” but rather violent acts of hatred. All anyone needs to do is actually read the legislation to find the speech and association protections, which would be the strongest against the misuse of a person’s free speech that Congress has enacted as part of the federal criminal code. A little silver lining from today’s debate? The amendments, which are nothing more than attempts to undermine the entire bill, are being rejected, including one to strip gender identity protections. Representative Tammy Baldwin (D-Wis.) gave an excellent defense for keeping those protections in place. Go Tammy! Roll-your-eyes moment of the day? There have been many, but a personal favorite had to be Representative Steve King’s (R-Iowa) amendment to change the title of the bill to the “Thought Crimes Prevention Act of 2009.” More tomorrow… |
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