The D.C. Board of Elections and Ethics issued a memorandum today keeping anti-marriage equality legislation off the ballot in the District of Columbia. A public hearing was held on October 26, 2009 on the “Marriage Initiative of 2009”, which would establish that “only marriage between a man and a woman is valid or recognized in the District of Columbia.” D.C. law currently recognizes same-sex marriages performed in other jurisdictions and there is pending pro-marriage equality legislation in the D.C. council. Board Chairman Errol R. Arthur said today,

“We have considered all of the testimony presented to the Board and understand the desire to place this question on the ballot. However, the laws of the District of Columbia preclude us from allowing this initiative to move forward.”

Democratic leaders have announced that a repeal of Don't Ask, Don't Tell will likely be attached to next year's defense authorization bill.

The 1993 policy prohibits anyone that "demonstrate(s) a propensity or intent to engage in homosexual acts" from serving in the military. It has resulted in the discharge of an estimated 13,000 soldiers, some having "critical" skills, such as linguistic and engineering expertise.

President Obama made a campaign pledge to end Don't Ask Don't Tell, but didn't lay out specifics for the repeal or a timeline. He reiterated his commitment to end the policy at this year's HRC dinner:

We cannot afford to cut from our ranks people with the critical skills we need to fight any more than we can afford -- for our military's integrity -- to force those willing to do so into careers encumbered and compromised by having to live a lie. […] I will end Don't Ask, Don't Tell. That's my commitment to you.

Thanks to Democratic leaders, a timeline to ending the discriminatory policy could now be in sight.

Will Phillips, a 10 year old boy in Arkansas, recently refused to stand and recite the pledge of allegiance. His reason? He said he could not pledge allegiance to a country that continues to deny equality to the LGBT community.

Will's teacher tried to reprimand him for not participating in the pledge, despite his constitutional right to do so. His principal acknowledges that students cannot be forced to recite the pledge, but is refusing to apologize to the 10 year old.

While some classmates are supportive of Will's stand for equality, others have taunted him with homophobic remarks. His mother commented that, "It's really frustrating to him that people are being so immature." When asked what it means to be an American, Will said, "Freedom of speech. The freedom to disagree. That's what I think pretty much being an American represents."

We couldn't agree more.

It was a thrill to be at the White House celebrating the historic enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. And now hot off the presses is this memo from Tom Perez, the Assistant Attorney General in charge of the Civil Rights Division, demonstrating how seriously the Justice Department takes its charge under this law. It';s addressed to U.S. Attorneys around the nation encouraging their active participation in delivering on Attorney General Holder's steadfast commitment to vigorous enforcement of the Act and to "develop[ing] ways that the Justice Department can educate communities about the new law and prevent hate crimes from occurring in the first place."

Almost 100 people testified on Monday, October 26 in a 7 ½ hour hearing on marriage equality legislation moving in the District of Columbia council. Another 169 people who signed up will testify on Monday, November 2. After that, marriage equality will move from committee to the full council and should be passed into law by the end of the year.

The hearing was inspiring and invigorating. I testified in support of the bill on behalf of People For the American Way and as a DC resident hoping to get married next year. I was at the halfway point of the hearing but stayed until almost 11 p.m. to hear everyone speak.

The good news is that pro-equality speakers, and pro-equality clergy, vastly outnumbered opponents. Included were other professional advocates from the Human Rights Campaign and the ACLU; a dozen pro-equality religious leaders, men and women representing many faiths, races, and ethnicities, among them Rev. Dennis Wiley of Covenant Baptist Church and Rev. Robert Hardies of All Souls Church, Unitarian, leaders of DC Clergy United for Marriage; pro-equality leaders from the local Democratic and Republican political parties; and a long list of DC residents, LGBT and not, testifying on behalf of themselves, their partners, their families and friends, and their children.

There were many moving moments: a young gay couple, one of them a vet, tightly holding hands and fighting back tears to testify; a heterosexual married man who testified with his seven-year old daughter at his side, because she already understands that it's wrong that the gay people in her life, including the parents of her best friends, aren't treated equally under the law; dozens of women and men speaking the truth about their lives, their eagerness to protect their loved ones, and their desire to be treated equally in the city that is their home.

Opposing the measure were Bishop Harry Jackson, who leads the city's anti-equality forces, a handful of local civic activists, and a group of officials from the Catholic archdiocese of Washington and Catholic Charities. The most interesting back-and-forth of the night took place between the panel of Catholic leaders and Councilmembers David Catania and Tommy Wells over the scope of the religious liberty protections in the bill. Councilmember Catania had said earlier in the day that he was willing to consider changes to those provisions, but he and Wells were deeply skeptical of demands that Catholic Charities be given carte blanche to discriminate against same-sex couples in provision of services and treatment of its employees when 75 percent of its revenues are from public funds. Notably, a few panels earlier, Professor Joseph Palacios from Georgetown University had testified in favor of the legislation, citing recent research showing strong support for marriage equality among lay Catholics nationally and even stronger support in the District of Columbia.

The legislation is assured of passage: it was co-sponsored by nine of the 12 councilmembers, and another councilmember announced his support at the hearing. DC Mayor Adrian Fenty has pledged to sign it. Activists are working with congressional leaders to make sure that the legislation survives the legislative review period that DC's laws are subjected to. The council's overwhelming support for the measure was a source of frustration to some of the anti-equality speakers, who angrily denounced the hearing as a sham and demanded that the issue be put to a public vote. Earlier in the day, Jackson and other anti-equality speakers urged the District's Board of Elections to allow them to put marriage equality before the voters, even though the board had ruled earlier this year that doing so would violate DC law against putting human rights protections on the ballot.

Watch my testimony here: 

Changing Hearts and Minds. That was the focus this past weekend at two panel discussions I moderated at the California NAACP State Conference on the topic of Homophobia in the Black Church. From my vantage point it’s clear that these real in-person talks truly help people understand the dangers of homophobia. After the panel, a few people testified that their views about homophobia and even LGBT equality have changed completely. It’s remarkable the change that we can effect through honest, respectful conversation.

I waned to share just a few highlights from the panel:

Rev. Kenneth Samuel (Vice Chair - African American Ministers Leadership Council of PFAWF and Pastor of Victory for the World Church in Stone Mountain, GA) spoke passionately about the health risks to the Black community from Heterosexism and Homophobia. Forcing people to live closeted or secret down low lives, leads to risky behavior. This in turn can lead to grave consequences as it relates to STDs.

Dr. Sylvia Rhue (Director- Religious Affairs of the National Black Justice Coalition) reminded us that the LGBT Equality movement is comprised of fights for several basic civil rights, and that speaking out against homophobia is a continuation of the civil rights movement.

Rev. Deborah Johnson (Founder- Inner Light Ministries) spoke out about the dangers of Homophobic behavior. He explained how it has led to a history of violence against LGBT people of color throughout history, even at the hands of black brothers and sisters.

Rev. Byron Williams (Pastor- Resurrection Church in Oakland, CA and member of the AAMLC of PFAWF) dared all of us not to compare “black” oppression to “LGBT” oppression, but to recognize that oppression is just that, and it goes against the Christian ethic of Love thy Neighbor.

As moderator of the discussions the common ground was clear to me - we must LOVE one another and speak out against homophobic behavior.

Once more, the Obama Administration is in federal court defending government-mandated discrimination against gay and lesbian Americans. This time, it's Don't Ask Don't Tell, in a case arising in a California federal district court.

Previously, DoJ asked the district court to dismiss the lawsuit filed by the Log Cabin Republicans, arguing that Ninth Circuit precedent already clearly addresses the legal issues in favor of the Administration. The court denied the motion to dismiss and allowed discovery to proceed, and the Log Cabin Republicans filed their request for discovery. (Discovery is the pretrial phase of a lawsuit where each party can compel the other parties to turn over documents and other evidence that may be relevant to the case.)

So on Friday, the Department of Justice filed what's called a motion to certify order for interlocutory appeal (legalese for "we want to appeal the court's decision now, instead of waiting until the end of the trial") to avoid its obligation to respond to the discovery requests. The Administration is arguing that the case will eventually be dismissed. Since the plaintiff's discovery requests are so "burdensome" for the Administration, appealing the court’s decision not to dismiss the case will "materially advance the ultimate termination of this litigation."

If the Administration is concerned about bureaucratic burdens, the President can issue a stop-loss order and freeze the anti-gay machinery that is destroying lives and weakening our armed forces.

And if he wants to "materially advance the ultimate termination of this litigation," there's a better way than an interlocutory appeal. That would be for President Obama to show some leadership on this issue. He ought to give a timeline for repealing Don't Ask Don't Tell and push Congress to act on it.

Tom Perez, assistant attorney general in charge of the Justice Department’s Civil Rights Division, has celebrated the imminent passage of legislation that will allow the Justice Department to prosecute discrimination against the LGBT community.

Pending legislation includes hate crimes legislation that passed the House last week and the Employment Non-Discrimination Act.

In a speech to his colleagues, Perez said, "We must fight for fairness and basic equality for our LGBT brothers and sisters who so frequently are being left in the shadows [and to] ensure that there's a level playing field in which our LGBT brothers and sisters are judged by the content of their character."

Perez’s announcement is a welcome step forward for ending discrimination against the LGBT community in a division that has traditionally focused little attention on LGBT equality issues.

Perez began his position in the Civil Rights Division only last week after failed attempts by Senate Republicans to block his confirmation. Senate Republicans have continued to block well-qualified nominees like Perez from being confirmed to important offices, especially Dawn Johnsen’s nomination to head the Office of Legal Counsel.

Sign the PFAW petition to confirm Dawn Johnson so that she too can restore justice at the Justice Department.

Last night, in a 178-234 vote, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act moved one step closer to becoming law. This legislation protects victims of hate crimes based on disability, sexual orientation, gender, or gender identity. 

The vote was taken on what's called a motion to instruct conferees - this one would have instructed those negotiating a final Defense Authorization bill to remove the hate crimes language included by the Senate. In a series of speeches (item 35) fit only for Right Wing Watch, the motion's supporters tried to take down this critical update to "equal protection under the law." Thankfully, their efforts were to no avail, and the Shepard/Byrd bill may soon reach President Obama's desk. A few minor hurdles remain, but we hope to see it signed within the next week.

With the stroke of a pen, the President will have an opportunity to send loud and clear the message that freedom from discrimination is a right all Americans should enjoy. And we cannot forget that this action would affirm - for the first time in federal law - a positive protection for gender identity.

Click here for more information from People For the American Way and African American Ministers in Action.

DC Councilman David Catania introduced a bill on Tuesday that will end discrimination against same sex couples who wish to marry in the nation's capital. The District already recognizes same-sex marriages performed in other jurisdictions, but the new proposal will allow the nuptials to take place in the city.

The bill is expected to pass the 13-member city council, and it is supported by DC Mayor Adrian Fenty. In spite of this strong support in the city, outsiders will once again focus on denying marriage equality to DC residents.

Harry Jackson, Bishop of the Hope Christian Church in Maryland, is once again vowing to bring the issue to the ballot. As PFAW has reported, Jackson is an ardent supporter of homophobic ballot initiatives; this time he has the support of the Catholic Archdiocese of Washington, Colorado-based Focus on the Family, and the National Organization for Marriage.

In addition, Rep. Jason Chaffetz (R-Utah), who failed at derailing the marriage recognition bill from over the summer, has expressed interest in overturning DC law again, though he admits it is unlikely that Congressional Republicans will be able to muster enough support to do so.