New Congress Expected to Consider Gay Bills in ’07 (Gay)ENDA
New Congress expected to consider gay bills in ’07 (Gay)ENDA, hate crimes most likely to see a vote
As reported in the Washington Blade, www.washingtonblade.com
By LOU CHIBBARO JR. Friday, December 15, 2006
The Democratic-controlled Congress is expected to take up legislation in 2007 aimed at protecting gays and transgender people from job discrimination and hate crimes, but the prospects for bills dealing with other sexual orientation-related issues are less certain, according to activists and Capitol Hill observers.
Supportive members of Congress have introduced at least 10 gay- or AIDS-related bills during the past several years, including a measure to repeal the military’s “Don’t Ask, Don’t Tell” policy. Other bills call for allowing foreign nationals who are domestic partners of U.S. citizens to enjoy the same immigration rights as married spouses and call for domestic partnership benefits for federal employees.
Rep. Nancy Pelosi (D-Calif.), who will become Speaker of the House in January, is considered one of the strongest gay rights supporters in Congress and has signed on as a co-sponsor to all 10 gay- and AIDS-related bills dropped in the hopper in recent years.
“She has said ENDA and the hate crimes bills have received widespread, bipartisan support,” said Pelosi spokesperson Drew Campbell. “She said they would be expected to come up quickly.”
Campbell was referring to the Employment Non-Discrimination Act, or ENDA, which is expected to call for banning job discrimination in the private sector workplace based on sexual orientation and gender identity.
He also referred to the Local Law Enforcement Enhancement Act, which calls for giving the federal government authority to prosecute hate crimes based on sexual orientation, gender identity and disability.
The hate crimes measure has passed in the House and Senate in separate years only to be defeated in House-Senate conference committees at the urging of conservative Republican leaders.
The Human Rights Campaign, the nation’s largest gay political group, has said it will join forces with other groups to make ENDA and the hate crimes measure its top priority.
Rep. Barney Frank (D-Mass.), one of two gay members of Congress, said ENDA and the hate crimes bill would likely receive the highest priority among supportive members of Congress because they affect the largest number of people subject to discrimination.
In the House, the two bills will come before the House Judiciary Committee, whose chair, Rep. John Conyers (D-Mich.), is a strong supporter of both. In the GOP-controlled Congress that just ended, Republican leaders blocked the bills from moving out of committee, ensuring that they would not be considered for a vote.
Frank said the Democratic-controlled Congress also could be expected to block gay-related bills, but only those that seek to take away rights. He said the Federal Marriage Amendment, which calls for amending the U.S. Constitution to ban gay marriage, will not come up for a vote in the new Congress.
Activists say this will free gay rights supporters to work on as many of the 10 gay- and AIDS-related bills as possible.
“None of these are a slam dunk,” Frank said. “There is still opposition. The important thing is for people to start lobbying.”
HRC legislative director Allison Herwitt said that HRC will give priority to ENDA and the hate crimes bill, but others won’t be far behind.
“While we focus on these two immediate priorities, simultaneously we’re going to continue to highlight the failure of ‘Don’t Ask, Don’t Tell’ and look for legislative opportunities to advance critical benefits and protections for GLBT families,” she said.
The Servicemembers Legal Defense Network, a national group that advocates on behalf of gays in the military, has called on Congress to pass the Military Readiness Enhancement Act, which would repeal the “Don’t Ask, Don’t Tell” policy. But SLDN spokesperson Steve Ralls acknowledges that this remains a hot-bottom issue that could trigger strong opposition.
Rep. Martin Meehen (D-Mass.) introduced the bill into the House the last Congress but was unable to line up anyone to introduce the measure in the Senate. Ralls said a Senate version of the bill is expected in 2007.
“I don’t think we would see a vote on this any time soon,” Ralls said. “What we would like to see is hearings on this in the new Congress.”
The Uniting American Families Act, which calls for giving immigration rights to domestic partners of U.S. citizens who are foreign nationals, also faces uncertain prospects.
“We could not get any immigration bill passed,” said Frank, who added that adding gay immigrants to the mix is likely to stir up more opposition.
Congressional Delegate Eleanor Holmes Norton (D-D.C.) said the Democratic leadership in the House and Senate are aware of the support that gay voters have historically given to the Democratic Party. She said she is certain that ENDA and the hate crimes bills will move forward in the upcoming months.
“We have to produce for this community because this community has produced for us,” Norton said.
Top 10 gay bills in Congress
Gay-supportive members of Congress have introduced these bills at the request of gay rights or AIDS advocacy groups in recent years. All of them have died in committee after Republican leaders in the House and Senate refused to bring them up for a vote. The new Democratic-controlled Congress is expected to be more sympathetic toward the 10 bills, but Democratic leaders chose not to place any of them on their agenda for their first 100 days in office.
Employment Non-Discrimination Act: Calls for banning private sector employment discrimination based on sexual orientation and gender identity.
Local Law Enforcement Enhancement Act: Calls for giving the federal government authority to prosecute hate crimes based on a victim’s sexual orientation, gender identity or disability.
Military Readiness Enhancement Act: Calls for repealing the U.S. military’s “Don’t Ask, Don’t Tell” policy so that gay male, lesbian and bisexual troops would be allowed to serve openly.
Uniting American Families Act: Calls for amending the U.S. Immigration & Nationality Act to allow foreign nationals who are same-sex domestic partners of U.S. citizens to apply for the same immigration rights offered to foreign nationals who legally marry U.S. citizens. Similar to the existing law’s application to heterosexuals, the bill calls for prosecution of same-sex couples who fraudulently form a partnership to enable a foreigner to obtain immigration rights.
Domestic Partner Health Benefits Equity Act/Tax Equity for Health Plan Beneficiaries Act: Introduced respectively in the Senate and House, the identical bills call for amending the Internal Revenue Code to end taxation of health insurance benefits for domestic partners. Under the current IRS Code, legally married employees do not pay taxes on their employers’ contribution to their health insurance benefits that cover their spouses and dependent children. But gay and lesbian employees must pay taxes on similar benefits as if they were ordinary income.
Domestic Partners Benefits & Obligations Act: Calls for providing health insurance and other benefits to same-sex and opposite-sex domestic partners of federal government employees. Under current law, these benefits are only available to legally married spouses of federal employees. The bill sets various requirements to define a domestic partnership, including an affidavit that the partners live together, are not relatives, are over 18 and are not married.
Clarification of Federal Employment Protections Act: Declares that, “federal employees are protected from discrimination on the basis of sexual orientation” and “[repudiates] any assertion to the contrary.” Gay-supportive members of the House of Representatives introduced the bill to overrule a controversial decision by U.S. Special Counsel Scott Bloch not to enforce a longstanding federal employment policy banning sexual orientation discrimination against federal workers.
Family Medical Leave Inclusion Act: Calls for amending the Family & Medical Leave Act of 1993 to allow government and private sector employees to take leave to care for a domestic partner who has a serious health condition. The bill also would allow medical leave for the care of a same-sex married partner or the parent-in-law, adult child, sibling or grandparent of a same-sex partner who has a serious health condition.
Responsible Education About Life Act: Calls for creating a $206 million federal grant program to award funds to states for comprehensive sexuality education that is not linked to advocacy of abstinence-only-until-marriage. Supporters say the bill is needed because existing sexuality education programs funded by the federal government are linked to abstinence-only policies.
Early Treatment for HIV Act: Calls for allowing low-income, childless adults with HIV to become eligible for Medicaid coverage before they develop full-blown AIDS. Under current law, people who meet the income requirements for Medicaid are ineligible for the federal health program if they have HIV but are not “disabled” by having AIDS.
As reported in the Washington Blade, www.washingtonblade.com
By LOU CHIBBARO JR. Friday, December 15, 2006
The Democratic-controlled Congress is expected to take up legislation in 2007 aimed at protecting gays and transgender people from job discrimination and hate crimes, but the prospects for bills dealing with other sexual orientation-related issues are less certain, according to activists and Capitol Hill observers.
Supportive members of Congress have introduced at least 10 gay- or AIDS-related bills during the past several years, including a measure to repeal the military’s “Don’t Ask, Don’t Tell” policy. Other bills call for allowing foreign nationals who are domestic partners of U.S. citizens to enjoy the same immigration rights as married spouses and call for domestic partnership benefits for federal employees.
Rep. Nancy Pelosi (D-Calif.), who will become Speaker of the House in January, is considered one of the strongest gay rights supporters in Congress and has signed on as a co-sponsor to all 10 gay- and AIDS-related bills dropped in the hopper in recent years.
“She has said ENDA and the hate crimes bills have received widespread, bipartisan support,” said Pelosi spokesperson Drew Campbell. “She said they would be expected to come up quickly.”
Campbell was referring to the Employment Non-Discrimination Act, or ENDA, which is expected to call for banning job discrimination in the private sector workplace based on sexual orientation and gender identity.
He also referred to the Local Law Enforcement Enhancement Act, which calls for giving the federal government authority to prosecute hate crimes based on sexual orientation, gender identity and disability.
The hate crimes measure has passed in the House and Senate in separate years only to be defeated in House-Senate conference committees at the urging of conservative Republican leaders.
The Human Rights Campaign, the nation’s largest gay political group, has said it will join forces with other groups to make ENDA and the hate crimes measure its top priority.
Rep. Barney Frank (D-Mass.), one of two gay members of Congress, said ENDA and the hate crimes bill would likely receive the highest priority among supportive members of Congress because they affect the largest number of people subject to discrimination.
In the House, the two bills will come before the House Judiciary Committee, whose chair, Rep. John Conyers (D-Mich.), is a strong supporter of both. In the GOP-controlled Congress that just ended, Republican leaders blocked the bills from moving out of committee, ensuring that they would not be considered for a vote.
Frank said the Democratic-controlled Congress also could be expected to block gay-related bills, but only those that seek to take away rights. He said the Federal Marriage Amendment, which calls for amending the U.S. Constitution to ban gay marriage, will not come up for a vote in the new Congress.
Activists say this will free gay rights supporters to work on as many of the 10 gay- and AIDS-related bills as possible.
“None of these are a slam dunk,” Frank said. “There is still opposition. The important thing is for people to start lobbying.”
HRC legislative director Allison Herwitt said that HRC will give priority to ENDA and the hate crimes bill, but others won’t be far behind.
“While we focus on these two immediate priorities, simultaneously we’re going to continue to highlight the failure of ‘Don’t Ask, Don’t Tell’ and look for legislative opportunities to advance critical benefits and protections for GLBT families,” she said.
The Servicemembers Legal Defense Network, a national group that advocates on behalf of gays in the military, has called on Congress to pass the Military Readiness Enhancement Act, which would repeal the “Don’t Ask, Don’t Tell” policy. But SLDN spokesperson Steve Ralls acknowledges that this remains a hot-bottom issue that could trigger strong opposition.
Rep. Martin Meehen (D-Mass.) introduced the bill into the House the last Congress but was unable to line up anyone to introduce the measure in the Senate. Ralls said a Senate version of the bill is expected in 2007.
“I don’t think we would see a vote on this any time soon,” Ralls said. “What we would like to see is hearings on this in the new Congress.”
The Uniting American Families Act, which calls for giving immigration rights to domestic partners of U.S. citizens who are foreign nationals, also faces uncertain prospects.
“We could not get any immigration bill passed,” said Frank, who added that adding gay immigrants to the mix is likely to stir up more opposition.
Congressional Delegate Eleanor Holmes Norton (D-D.C.) said the Democratic leadership in the House and Senate are aware of the support that gay voters have historically given to the Democratic Party. She said she is certain that ENDA and the hate crimes bills will move forward in the upcoming months.
“We have to produce for this community because this community has produced for us,” Norton said.
Top 10 gay bills in Congress
Gay-supportive members of Congress have introduced these bills at the request of gay rights or AIDS advocacy groups in recent years. All of them have died in committee after Republican leaders in the House and Senate refused to bring them up for a vote. The new Democratic-controlled Congress is expected to be more sympathetic toward the 10 bills, but Democratic leaders chose not to place any of them on their agenda for their first 100 days in office.
Employment Non-Discrimination Act: Calls for banning private sector employment discrimination based on sexual orientation and gender identity.
Local Law Enforcement Enhancement Act: Calls for giving the federal government authority to prosecute hate crimes based on a victim’s sexual orientation, gender identity or disability.
Military Readiness Enhancement Act: Calls for repealing the U.S. military’s “Don’t Ask, Don’t Tell” policy so that gay male, lesbian and bisexual troops would be allowed to serve openly.
Uniting American Families Act: Calls for amending the U.S. Immigration & Nationality Act to allow foreign nationals who are same-sex domestic partners of U.S. citizens to apply for the same immigration rights offered to foreign nationals who legally marry U.S. citizens. Similar to the existing law’s application to heterosexuals, the bill calls for prosecution of same-sex couples who fraudulently form a partnership to enable a foreigner to obtain immigration rights.
Domestic Partner Health Benefits Equity Act/Tax Equity for Health Plan Beneficiaries Act: Introduced respectively in the Senate and House, the identical bills call for amending the Internal Revenue Code to end taxation of health insurance benefits for domestic partners. Under the current IRS Code, legally married employees do not pay taxes on their employers’ contribution to their health insurance benefits that cover their spouses and dependent children. But gay and lesbian employees must pay taxes on similar benefits as if they were ordinary income.
Domestic Partners Benefits & Obligations Act: Calls for providing health insurance and other benefits to same-sex and opposite-sex domestic partners of federal government employees. Under current law, these benefits are only available to legally married spouses of federal employees. The bill sets various requirements to define a domestic partnership, including an affidavit that the partners live together, are not relatives, are over 18 and are not married.
Clarification of Federal Employment Protections Act: Declares that, “federal employees are protected from discrimination on the basis of sexual orientation” and “[repudiates] any assertion to the contrary.” Gay-supportive members of the House of Representatives introduced the bill to overrule a controversial decision by U.S. Special Counsel Scott Bloch not to enforce a longstanding federal employment policy banning sexual orientation discrimination against federal workers.
Family Medical Leave Inclusion Act: Calls for amending the Family & Medical Leave Act of 1993 to allow government and private sector employees to take leave to care for a domestic partner who has a serious health condition. The bill also would allow medical leave for the care of a same-sex married partner or the parent-in-law, adult child, sibling or grandparent of a same-sex partner who has a serious health condition.
Responsible Education About Life Act: Calls for creating a $206 million federal grant program to award funds to states for comprehensive sexuality education that is not linked to advocacy of abstinence-only-until-marriage. Supporters say the bill is needed because existing sexuality education programs funded by the federal government are linked to abstinence-only policies.
Early Treatment for HIV Act: Calls for allowing low-income, childless adults with HIV to become eligible for Medicaid coverage before they develop full-blown AIDS. Under current law, people who meet the income requirements for Medicaid are ineligible for the federal health program if they have HIV but are not “disabled” by having AIDS.
