The Top 30 List of Obama's LGBT Achievements

As LGBT pride season approaches and legislative votes on important parts of the LGBT equality agenda (DADT, DPBO, ENDA) seems stuck in molasses, former DNC Treasurer Andy Tobias has compiled a list of the top 30 achievements of the Obama administration of interest and benefit to the LGBT community.

Here is the list:

1. Reversed an inexcusable US position by signing the UN Declaration on Sexual Orientation and Gender Identity
2. Extended benefits to same-sex partners of federal employees
3. Endorsed the Baldwin-Lieberman bill, The Domestic Partnership Benefits and Obligations Act of 2009, to provide full partnership benefits to federal employees
4. Signed the Ryan White HIV/AIDS Treatment Extension Act
5. Lifted the HIV Entry Ban effective January 2010
6. Released the first Presidential PRIDE proclamation since 2000
7. Hosted the first LGBT Pride Month Celebration in White House history
8. Awarded the Presidential Medal of Freedom to Harvey Milk and Billie Jean King
9. Appointed the first transgender DNC member in history
10. Issued diplomatic passports, and provided other benefits, to the partners of same-sex foreign service employees
11. Committed to ensuring that HUD’s core housing programs are open to all, regardless of sexual orientation or gender identity
12. Conceived a National Resource Center for Lesbian, Gay, Bisexual and Transgender Elders -- the nation's first ever -- funded by a three-year HHS grant to SAGE
13. Testified in favor of ENDA, the first time any official of any administration has testified in the Senate on ENDA
14. Signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which expanded existing United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity, or disability -- the first positive federal LGBT legislation in the nation's history
15. Supported lower taxes for same-sex couples who receive health benefits from employers
16. Hired and appointed a record number of qualified LGBT Americans, including more than 10 Senate-confirmed appointments
17. Sworn in Ambassador David Huebner
18. Changed the culture of government everywhere from – among others – HUD and HHS to the Export-Import Bank, the State Department, and the Department of Education
19. Appointed Sonia Sotomayor, instead of a conservative who would have tilted the Court even further to the right and virtually doomed our rights for a generation. To wit (quoting McCain): "I've said a thousand times on this campaign trail, I've said as often as I can, that I want to find clones of Alito and Roberts. I worked as hard as anybody to get them confirmed. I look you in the eye and tell you I've said a thousand times that I wanted Alito and Roberts. I have told anybody who will listen. I flat-out tell you I will have people as close to Roberts and Alito [as possible]"
20. Named open transgender appointees (the first President ever to do so)
21. Banned job discrimination based on gender identity throughout the Federal government (the nation's largest employer)
22. Emphasized LGBT inclusion in everything from the President’s historic NAACP address (“The pain of discrimination is still felt in America. By African American women paid less for doing the same work as colleagues of a different color and a different gender. By Latinos made to feel unwelcome in their own country. By Muslim Americans viewed with suspicion simply because they kneel down to pray to their God. By our gay brothers and sisters, still taunted, still attacked, still denied their rights.”) . . . to the first paragraph of his Family Day proclamation (“Whether children are raised by two parents, a single parent, grandparents, a same-sex couple, or a guardian, families encourage us to do our best and enable us to accomplish great things”) and his Mothers Day proclamation ("Nurturing families come in many forms, and children may be raised by two parents, a single mother, two mothers, a step-mom, a grandmother, or a guardian. Mother's Day gives us an opportunity to celebrate these extraordinary caretakers") . . . to creating the chance for an adorable 10-year-old at the White House Easter Egg roll to tell ABC World News how cool it is to have two mommies . . . to including the chair of the National Gay and Lesbian Chamber of Commerce along with the Secretary of the Treasury and the President of Goldman Sachs in the small audience for the President’s economic address at the New York Stock Exchange . . . to welcoming four gay couples to its first State Dinner
23. Recommitted, in a televised address, to passing ENDA . . . repealing Don’t Ask/Don’t Tell . . . repealing the so-called Defense of Marriage Act
24. Spoken out against discrimination at the National Prayer Breakfast ("We may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are -- whether it's here in the United States or, as Hillary mentioned, more extremely in odious laws that are being proposed most recently in Uganda.")
25. Dispatched the Secretary of Defense and the Chairman of the Joint Chiefs of Staff to call on the Senate to repeal Don't Ask / Don't Tell, in the meantime dialing back on discharges
26. Launched a website to gather public comment on first-ever federal LGBT housing discrimination study
    
27. Appointed long-time equality champion Chai Feldblum one of the four Commissioners of the Equal Employment Opportunity Commission
28. Eliminated the discriminatory Census Bureau policy that kept our relationships from being counted, encouraging couples who consider themselves married to file that way, even if their state of residence does not yet permit legal marriage
29. Produced U.S. Census Bureau PSAs featuring gay, lesbian, and transgender spokespersons.
30. Instructed HHS to require any hospital receiving Medicare or Medicaid funds (virtually all hospitals) to allow LGBT visitation rights.

What do you think? The haters over at Americablog.com are most definitely not impressed. (Color me surprised. Not!)

Celebrity Friday: Nancy Pelosi

Today, Friday March 26th is the 70th birthday of Speaker of the U.S. House Nancy Pelosi. On Sunday night, she presided over the final passage of the most sweeping social justice legislation in over 40 years, Obama's national health care reform bill. Let's hope she has a good celebration of her 70th birthday!

Pssst, Nancy! We still expect ENDA and DPBO to pass before November. Don't let us down.

Top 10 Most Significant LGBT Events of 2009

It's that time of year! No, I'm not talking about Chrismuhkwanzakkuh, I'm talking about the annual ritual of making of Top 10 lists. Herewith is my list of the Top 10 Most Significant LGBT Events of 2009 in the United States.

10. Sonia Sotomayor is confirmed to the United States Supreme Court: August 6, 2009.

Hey, the United States Supreme Court doesn't get new members every year. Lots of presidents don't get to appoint any justices, and their influence can extend far beyond a presidential quadrennial or octennial term of office. So it must have been music to the ears of former University of Chicago Law School professor Barack Obama when Associate Justice (and confirmed bachelor) David Souter announced he wanted to return to New Hampshire and leave the nation's highest court. With 60 votes in the majority caucus, Obama could have forced almost anyone through the Senate (including openly gay law school deans Elana Kagan and Kathleen Sullivan) but he chose the person at the top of everyone's short list: Sonia Sotomayor, the New Yorker of Puerto Rican descent who went to Princeton and Yale Law School and went on to become the the first female, Hispanic justice. Although she was asked (and politely declined to answer) her thoughts on LGBT issues there's no question that Sotomayor's vote will be key to achieving full equality under the federal constitution for LGBT Americans in my lifetime.

9. The Vermont Legislature overrides the Governor's veto to enact marriage equality: April 7, 2009.

In a breathtakingly brief period of a few weeks late this Spring, the legislatures of Maine, New Hampshire, Connecticut and Vermont all passed marriage equality measures.Vermont was particularly stunning, because the Republican governor had the temerity to veto the measure and the Legislature was able to achieve a two-thirds majority in both Houses (by a margin of one vote in the lower body) to enact the law ending discrimination against same-sex couples having their relationships recognized by civil authorities in the Great State of Vermont.

8. The District of Columbia becomes the first Southern jurisdiction to pass marriage equality legislation: December 18, 2009.

Just squeaking in before the end of the year, the District of Columbia, which has a population slightly larger than the state of Wyoming and slightly less than the state of Vermont, passed a marriage equality ordinance through its unicameral legislature, the DC City Council 11-2. What makes the action so significant is the fact that the District of Columbia is below the Mason-Dixon line, which means that it is the first jurisdiction in the Southern United States (which also has a majority African American population) to affirm the principle that equality for all includes gay and lesbian couples access to civil marriage.

7. Barack Obama becomes 2nd sitting President to address LGBT rights fundraising event, reiterates promises to end "Don't Ask, Don't Tell": October 10, 2009.

After an increasingly impatient LGBT community complained that the Obama administration's moves towards institutionalizing LGBT progress were distressingly slow, the President agreed to attend the Human Rights Campaign's annual DC gala, which this year was occurring a few hours before hundreds of thousands of LGBT citizens would walk the streets of DC for the National Equality March. At the dinner, Obama gave a typically stirring speech where he reiterated his opposition to Don't Ask, Don't Tell and the Defense of Marriage Act and called for Congress to pass the Employment Non-Discrimination Act, the Domestic Partner Benefits and Obligations Act and the federal hate crimes act for his eager signature. Obama became the first president to attend an LGBT fundraising event in the first year of his first term (Clinton attended in 1997 after his re-election the year before) but it was not enough. LGBT critics complained that Obama did not layout a timeline for when his legislative accomplishments would be achieved.

6. Openly lesbian Annise Parker is elected mayor of Houston, the nation's 4th largest city: December 12, 2009.

After being elected by her hometown six consecutive times statewide in races for City Council and as City Controller, Annise Parker built up a resume and reputation that one would expect for a leading contender to be elected mayor of the nation's fourth largest city. That she was also openly gay and had been so for her entire electoral career gave the race against African-American Gene Locke extra media attention. In the end, Parker was elected handily. Whose to say that she will stop at Mayor? What her election does show is that there is no lavender ceiling for openly LGBT politicians in electoral politics.

5. California Supreme Court refuses to strike down Proposition 8 but affirms marriages of same-sex couples entered into prior to its passage: May 26, 2009.

Almost exactly one year after the California Supreme Court released its landmark ruling In Re Marriage Cases (which struck down Proposition 22 and the state's 1974 marriage statute, legalized marriage for same-sex couples and elevated sexual orientation to a category receiving the highest level of judicial analysis) the same court disappointed millions of people by refusing to exhibit similar judicial courage to invalidate Proposition 8. In a 6-1 vote (only Justice Carlos Moreno, under consideration by President Obama for the United States Supreme Court at the time, was willing to strike down the constitutional amendment which stripped same-sex couples of the right to marry) the Court upheld the legality of Proposition 8 under the California constitution. The Court also unanimously upheld the legal principle that all people married during the 173 days between June 15, 2007 and November 3, 2008 had all the rights and responsibilities of civilly married couples. This will not be the last word on whether Proposition 8 will remain in the California Constitution, however, the legal superduo of Ted Olson and David Boies have filed a federal lawsuit against the measure, and a full trial has been scheduled for January 11, 2010.

4. The Iowa Supreme Court unanimously rules in favor of marriage equality: April 3, 2009.

In the last three years all of the half-dozen or so state Supreme Court decisions which have decided marriage equality prior to Iowa's unanimous Varnum v. Brien decision had been 4-3-vote majorities (Favorably: Massachusetts, 2004; California, 2008; Connecticut, 2008. Unfavorably: New Jersey, 2005; New York, 2006; Washington, 2006; Maryland, 2007). That's what makes the ruling by the Iowa State Supreme Court so significant. The logic that there is no rational basis or legitimate state purpose for preventing same-sex couples from being issued civil marriage licenses is unassailable. The decision went into effect three weeks later, and same-sex couples have been getting married ever since without much publicity. In Iowa, the state constitution can only be amended by passing through the state legislature and the Democratic majority is refusing to consider such a measure. Iowa puts paid to the idea that gay marriage is an idea that is a purely liberal or geographically centered. If same-sex couples are getting married in Iowa, can Kansas be far behind?

3. On election day, Maine voters reject marriage equality law while Washington voters retain "everything but marriage" comprehensive domestic partnership statute: November 3, 2009.

The weeks and months leading up to election day were dominated by the "Proposition 8-redo" in Maine called Question 1 where heterosexual supremacists again forced a public vote on whether private relationships would be treated equally by the state. Another public vote, another devastating loss. For the 31st time in 32 tries, the public voted against marriage equality for LGBT couples, this time by a margin of 52.75% Yes to 47.25% No (even larger than Proposition 8's 52.3 Yes to 47.7% No in 2008). However, thousands of miles away in Washington State, voters overwhelmingly Approved Referendum 71 (by a margin 0f 53.15% to 46.85% or 113,00 votes) to retain a recently enacted comprehensive domestic partnership law modeled after California's landmark AB 205 from 2003. (Interestingly, Nevada was able to enact their comprehensive domestic partnership act over their Republican governor;s veto on May 31, 2009.)

2. John A. Pérez is named the next Speaker of the California Assembly, the first openly gay person of color to head a state legislative body: December 10, 2009.

John A. Pérez is someone I have hung out with at parties and sat next to at banquets and stood next to at rallies. He is also the first LGBT person of color ever to be elected to the California legislature (in 2008). In January 2010, he will become the Speaker of the Assembly, one of the Top 3 positions in California politics. Yes, he's the cousin of the Mayor of Los Angeles and had to defeat my own Assemblyman Kevin de Leon in order to win over a majority of the California Democratic caucus as a first-term legislator in order to have up to 4 years of eligibility to serve as head of the lower body of the California Legislature, the first gay and third Latino to do so. His elevation among his peers, along with Annise Parker demonstrates the assimilation of sexual orientation into the mainstream of Democratic politics. It is more likely John's sexual orientation helped him rather than hurt him in becoming Speaker of the California Assembly and that speaks volumes for the trajectory of the LGBT civil rights movement in the future.

1. President Barack Obama signs the federal hate crimes bill (the Matthew Shepard and James Byrd, Jr Hate Crimes Prevention Act) into law: October 28, 2009

Despite the carping from some corners that the legislation only gives rights to LGBT people only after they are victimized or dead, the historic echoes of the President's signature on H.R. 1913 should not be under-estimated. The federal hate crimes bill became the first piece of federally enacted legislation to ever include the words "gender identity" and only the second to expand rights based on sexual orientation. Yes, the measure was attached to a "must-pass" piece of legislation, the Defense Reauthorization Act of 2009, instead of a stand-alone bill. But this did not make Republican opposition any less fierce or morally questionable.

MAP Report on LGBT Right Progress 2000-2009

There's an interesting report out this week called "A Decade of Progress on LGBT Rights" written by one of the smartest (and least well-known) LGBT organizations, the Movement Advancement Project, (with funding from the Evelyn and Walter Haas, Jr Fund) which puts where the LGBT community is now in a useful historical context.

* Discrimination Based on Sexual Orientation: The number of states outlawing discrimination based on sexual orientation increased 83 percent, from 12 to 22, between 2000 and 2009. The percentage of the U.S. population living in states banning discrimination based on sexual orientation soared from 24.5 percent to 44.1 percent, an 80 percent increase. In other words, today 134 million Americans are now living in states where discrimination based on sexual orientation has been outlawed, an increase of 65 million over the decade. (When local nondiscrimination laws passed by cities without statewide protections are included, the figure is over 50 percent of the U.S. population.) Fortune 500 companies that protect workers based on sexual orientation grew from 51 percent to 88 percent.

* Discrimination Based on Gender Identity: There was an even more remarkable increase in states outlawing discrimination based on gender identity and expression, which rose from just 1 state in the year 2000 to 14 states representing nearly 30 percent of the population in 2009. The percentage of Fortune 500 companies that protect workers based on gender identity jumped even more, from just 0.6 percent to 35 percent.

* Relationship Recognition: Similarly exceptional gains were made in the area of family recognition. In 2000, no state extended the freedom to marry to same-sex couples; one state gave broad recognition to same-sex relationships and one offered limited recognition. Now in 2009, five states extend marriage to same-sex couples (with New Jersey and the District of Columbia pending at press time), six offer broad recognition, and seven offer more limited recognition. Overall, the number of Americans living in a state that offers some protections to same-sex couples nearly tripled, from 12.7 percent to 37.2 percent.

* Protection from Violence: The 2009 Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is the first federal law to specifically protect LGBT people.

* LGBT Elected Officials: The number of openly LGBT elected officials in America rose 73 percent between 2000 and 2009, from 257 to 445.

* Public Opinion: The percentage of the public supporting the right of openly gay and lesbian people to serve in the military grew from 62 percent to 75 percent. Support for marriage equality has grown from 35 percent in 2000 to 39 percent today; there has been an even larger increase in support for relationship recognition that involves many of the rights of marriage, from 45 to 57 percent.

* Safer Schools: In 2000, only one state had a safe school law that specifically cited sexual orientation *and* gender identity/expression for protection; by 2009 that rose to 13 states. The number of Gay-Straight Alliance Clubs in high schools grew from 700 to 4,700, a nearly six-fold increase.

The report also includes data on areas with mixed or negative results.

· Marriage Opposition: In 2000, 5 states had blocked marriage equality through a statewide vote; today, 31 have done so, including 29 states amending their constitutions to prohibit the recognition of same-sex marriages.

· Homophobia in schools: The percentage of LGBT students reporting hearing homophobic remarks in school has remained above 99 percent and LGBT students who report experiencing harassment in school edged up (up from 83.2 percent to 86.2 percent.)

· HIV/AIDS: New HIV infections among adolescent and adult men who have sex with men grew 10 percent, from 28,000 to 30,800, as did the percentage of new HIV infections overall that occurred among men who have sex with men, which rose from 51 percent to 53 percent.

· Military Service Ban: In spite of overwhelming public support for the repeal of Don't Ask, Don't Tell, the U.S. military continued to discharge hundreds of gay and lesbian service members, with the cumulative number of discharges under the 1993 policy nearly doubling during the past decade. The only "positive" note was that the number of annual discharges decreased from 1,241 in 2000 to 619 in 2008 (the most recent year for which data are available), apparently because of the urgent need for soldiers to fight the wars in Iraq and Afghanistan since 2002.

I hope that some of the people who have been screaming obscenities at our friends in power take a sobering look at how far we have come, and think about where we want to be in 2019.

MadProfesah Quoted Threatening Obama Administration Over DADT

As 2009 comes to a close there will be lots of ink spilled summarizing the first decade of the 21st century in a number of areas.

A front-page piece by Joe Garofoli in the San Francisco Chronicle titled "Charting a decade of progress in gay rights" quotes yours truly discussing the "Don't Ask Dont Tell" policy and threatening the Obama administration if the policy is not reversed by the end of 2010.

If Obama does not reverse the military policy "there will be hell to pay," said Ron Buckmire, a professor at Occidental College who leads the governing board of the Jordan/Rustin Coalition, an African American LGBT group in Los Angeles.

Buckmire said it is important to note that Obama signed a law in October that makes it a federal crime to assault someone because of his or her sexual orientation or gender identity.

"That was huge," San Francisco District Attorney Kamala Harris said recently while attending a fundraiser for Equality California.

Bizarrely, I also said that the biggest event in LGBT history for which 2009 will be remembered is President Obama's signing of the federal hate-crimes act which includes gender identity and sexual orientation. But I'm glad Kamala Harris had the exact same thought. Great minds think alike, indeed!

The point I was making about "Don't Ask, Don't Tell" was that there would be hell to pay if the Obama administration (and the Democrats) do not follow through with the previously announced plan to end the DADT policy in the process of the reauthorizing the 2010-11 Department of Defense budget.

I want to clarify that I had no intention of threatening the administration over DADT but was just reflecting the pent-up frustration that many LGBT activists feel over the lack of movement on a policy which is supported by vast super-majorities of the American public. I said that I completely understood why a Democratic president wouldn't touch the issue with a ten-foot pole in his first year and felt confident that DADT would be repealed in the legislative manner outlined by Barney Frank.

I also said that I was confident that DPBO and ENDA would be law by February or March of next year. I also said it was significant that ENDA will be trans-inclusive, following the fractious community debate over passing a non-inclusive ENDA (i.e. "splENDA") in the House in 2007.

Federal DP Bill Advances To US Senate Floor

According to HRC Backstory, the United States Senate Homeland Security and Governmental Affairs Committee passed the Domestic Partnership Benefits and Obligations Act, S.1102, (also known as DPBO) by a vote of 10-6 (8-1 official in-person vote) to the Senate floor, with five Republicans and Democrat David Pryor of Arkansas voting against the bill and Chairman Joe Lieberman ("Independent") and Ranking Member Susan Collins (Republican of Maine) voting in favor along with all the other Democrats on the committee.

The companion bill in the House which is sponsored by lesbian Congresswoman Tammy Baldwin (Democrat of Wisconsin), H.R. 2517, is also pending on the floor of that body after having passed the House Committee on Oversight and Government Management on November 18th.

HRC sent out a press release lauding the Senate Committee action:

“Today’s markup in the Senate is an important step toward guaranteeing equal compensation for lesbian and gay workers serving our government at home and abroad,” said Human Rights Campaign President Joe Solmonese. “DPBO recognizes that equal pay for equal work is a value fundamental to American opportunity. We thank Chairman Lieberman for his leadership in ushering this important legislation through Congress.”

The Domestic Partnership Benefits and Obligations Act (DPBO) was introduced in the 111th Congress by Chairman Lieberman and Senator Susan Collins (R-ME) in the Senate and by Congresswomen Tammy Baldwin (D-WI) and Ileana Ros-Lehtinen (R-FL) in the House. DPBO would provide the same family benefits to lesbian and gay federal civilian employees as are already provided to employees with different-sex spouses. To receive benefits, employees would have to submit an affidavit of eligibility for benefits with the Office of Personnel Management, certifying that the employee and domestic partner meet necessary criteria, as provided in the Act.

DPBO would bring employment practices in the federal government in line with those of America’s largest and most successful corporations. Nearly 60% of Fortune 500 companies provide domestic partner benefits to their employees. In addition, 23 states, the District of Columbia, and over 150 local governments make benefits available to public employees and their same-sex partners. A May 2000 poll conducted by the Associated Press found that a majority of Americans favor the extension of health insurance coverage to same-sex partners. In addition, this legislation has been endorsed by the American Federation of Government Employees, American Federation of State, County and Municipal Employees, Harvard University, National Treasury Employees Union and United Church of Christ.

Looks like DPBO will make it to the President's desk before ENDA. Oh my bad, I forgot, there's been no progress on LGBT rights in the Obama Administration because Barack Obama hates "teh gays." STFU!

Federal DP benefits Bill Passes House Committee

The White House Media Affairs Office just sent out a press release featuring John Berry, the openly gay head of the Office of Personnel Management, lauding the movement of the Domestic Partnership Benefits and Obligations Act:

OPM Director John Berry lauds passage of Domestic Partnership Benefits and Obligations Act through House Committee on Oversight and Government Management

Bill provides essential recruitment tool for the Federal government

Washington, DC – Earlier today, the House Committee on Oversight and Government Management approved H.R. 2517, the Domestic Partnership Benefits and Obligations Act of 2009, sponsored by Representative Tammy Baldwin. The measure extends benefits to the domestic partners of Federal employees, including participation in the Federal Employee Health Benefits (FEHB) Program, retirement and survivor benefits, relocation reimbursements and other benefits currently offered to spouses of Federal employees. The Committee also adopted an amendment offered by Chairman Edolphus Towns that made changes to the legislation to ensure proper implementation.

“I want to commend the Committee for approving the Domestic Partnership Benefits Act,” said U.S. Office of Personnel Management Director John Berry. “This is an essential recruitment tool as we seek the best and the brightest to tackle the many challenges America faces.”

Berry also said: “This is a positive step that helps the federal government to better compete with other employers for top talent. President Obama has stated clearly that this is an issue of equality. But just as important, youth today, LGBT or not, see this benefit as a litmus test for determining high quality employers. The Administration looks forward to continuing its work with lawmakers as the House and the Senate move toward enactment of this bill.”

OPM oversees human resources and benefits policies for over 1.9 million Federal civil servants and 2.5 million retirees and survivor annuitants.

But I guess nothing positive is happening on LGBT rights in this Administration so we might as well as boycott them. Not.