By Eric Rader
While progress can seem slow, the LGBT community has made enormous strides toward greater equality in the past two years. The most obvious achievement was the recent repeal of "don't ask, don't tell." In his eloquent remarks prior to signing the repeal, President Barack Obama spoke movingly of the many gay and lesbian soldiers who have fought for our nation's values since the Revolutionary War. For those who have doubted the president's commitment to LGBT equality, his recent statement and action on DADT should serve as a reminder that we have a strong ally in the White House.
The proof of the president's values is not just in the repeal of DADT, but also in other actions since he took office in 2009. Soon after taking office, Obama extended a number of domestic partner benefits to government employees. The U.S. State Department has ended its policy of preventing foreigners with HIV/AIDS from entering the country. After too many years of political wrangling, Obama signed a comprehensive hate crimes law that includes sexual orientation and gender identity as protected categories. Following a hospital's notorious decision to prevent a woman from visiting her dying partner, Obama issued a directive to Medicare-recipient hospitals (covering the vast majority of U.S. hospitals) to allow patients to choose their visitors.
Clearly, the LGBT community is in a far better place today after two years of Obama than we were during the divisive two terms of President George W. Bush. Some supporters of LGBT equality have complained that Obama has not been more forceful in advancing pro-equality measures during his time in office. Political realities, however, have required careful action by the president in fulfilling his campaign pledges. He worked very methodically with the top leaders in the military to gain their support for an end to DADT, and then surveyed the troops in an effort to gauge the best way to integrate lesbian and gay soldiers into the ranks of the services. The president's strategy paid off, despite overwhelming odds against success.
What's next? One glaring example of discrimination in this country is the prohibition in most states on same-sex marriage. Last year, a federal district court in Massachusetts declared the federal Defense of Marriage Act to be unconstitutional. In California, a federal court has already invalidated that state's anti-gay marriage amendment. Obama seems to be softening his opposition to gay marriage (he has long supported civil unions), and Vice President Joe Biden recently stated that same-sex marriage is inevitable in the U.S. It's becoming clear that the courts may be the best chance to end marriage discrimination.
Though DADT has been repealed legislatively, the policy remains in place. The DADT repeal requires that the president and military leaders certify that the military is ready before ending the policy of excluding gay and lesbian soldiers. Obama has clearly stated his view that the military should not drag its feet as it prepares to end DADT. Our community should take the president at his word, and hold the military leaders accountable as they move to end discrimination.
Passage of the comprehensive Employee Nondiscrimination Act appears to be stalled now that the Republicans are in charge of the House. State action on this issue is probably unlikely in many states, including Michigan, as the Republicans solidify their hold on state legislatures and governorships. We should continue to alert our political leaders to the reality that workers still can, and do, lose their jobs every year because of their sexual orientation and gender identity. All available legal action should be taken to defend employees who are unfairly terminated because of anti-LGBT discrimination.
Over the next two years, the LGBT community may have to play a bit of defense against the regressive efforts of right-wingers to deny people equal rights. Thankfully, Obama is in position at the federal level to block the more egregious efforts of Republicans to discriminate. But defensive action will not advance LGBT equality. Our movement must stay active in both the legislative and judicial arenas. We should continue to pursue lawsuits that challenge discriminatory laws, and we must continue to educate the public on the reality of discrimination against LGBTs. Some of the greatest advances in civil rights occurred during eras when the political branches were controlled by opponents of equality. The lesson of our nation's history is that equality is the birthright of every citizen, no matter what.
Stay updated on the progress of DADT repeal:
http://www.defense.gov/home/features/2010/0610_gatesdadt/
New Beginning Initiative–a collaboration of several national LGBT groups to track progress on equality at the federal level:
http://www.thetaskforce.org/newadmin/newbeginning_intro.html
