Rand Paul, Don’t Ask Don’t Tell, and the “Right” to Discriminate

Matt Coles at the ACLU has written an interesting blog post outlining some major reasons why the repeal of Don’t Ask Don’t Tell is so important. One of his points especially resonated after last week’s firestorm around Republican Senatorial Candidate Rand Paul:

Second, we need to get rid of DADT because it is a blot on the Constitution. DADT enshrines in federal law a principle which had been rejected in most other contexts: that discrimination could be justified by the prejudice of others. In the 60s, businesses in the South said that the prejudice their customers had against black people ought to give them an exemption from discrimination laws. Congress and the courts disagreed. In the 80s, government agencies actually defended discrimination on the basis that neighbors (or others) had strong negative feelings about disabled people, "hippies" and even older people (in Miami of all places). Again, the courts disagreed. But in the Congress that passed it, the single justification for Don't Ask, Don't Tell was not that gay members of the Armed Forces couldn't do their jobs. It was rather that heterosexual service members would be so unnerved by the mere presence of gay people that they would be unable to perform theirs. As long as DADT endures, the idea that your rights can't be taken away just because someone else doesn't like you is hardly secure.

Last week, Rand Paul struggled to defend his view that the government should allow private enterprises to discriminate against people based on race, gender, or sexual orientation. He was forced to backtrack on his position after his statements were shot down by civil rights groups, the media, and members of his own party. His reasoning essentially amounted to the idea that the government has more of a duty to protect the right to discriminate than to protect those who are discriminated against. Sound familiar?

That’s a false and outdated interpretation of the Constitution—one that didn’t hold water in 1964, and doesn’t today.

(And, as a sidenote, check out the American Prospect’s takedown of another one of Paul’s perversions of the Constitution).


Supreme Court Changes Course to Rule for Workers Over Technicalities

Good news from the Supreme Court this morning: after taking a beating for its 2007 decision denying Lilly Ledbetter the right to sue her former employer for years of wage discrimination based on a deadline she could not have observed, and for a series of stunning pro-corporate rulings, the Court today handed down two decisions restoring justice to workers who had been denied relief based on technicalities.

In Lewis v. City of Chicago, the Court ruled that 6,000 African American applicants for firefighting jobs in Chicago could sue the city for discrimination, even though the city argued they had filed their complaints too long after the discrimination had taken place (whether or not the discrimination happened was not in question):

In a 9-0 decision, the justices said the city was liable for paying damages to those applicants who had "qualified" scores on the test but were excluded in favor of those who scored higher. Earlier this year, a lawyer for black applicants estimated the total damages in the case could reach $100 million.

The question was whether the city’s discrimination had taken place when it had compiled a discriminatory hiring list (in which case the plaintiffs had missed the filing deadline), or each time it made a hiring decision based on that list (in which case they had sued the city in time). The court ruled the latter.

And in Hardt v. Reliance Standard Life Insurance Co., the Court ruled unanimously that an employee who had prevailed in her suit for benefits under the Employee Retirement Income Security Act (ERISA) could gather attorneys’ fees, even though she had not prevailed through a judicial decision. (Her employer had backed down and agreed to pay her compensation before the case was decided by a court).

About 10,000 ERISA lawsuits are filed each year.

President Obama’s nominee for the Supreme Court, Solicitor General Elena Kagan, filed amicus briefs on behalf of the plaintiffs in both cases.


Bork by Any Other Name

In the two days since Republican Senate nominee Rand Paul restated his long-held opposition to the portions of 1964’s Civil Rights Act that prohibited racial discrimination by private businesses, members of his party have been keeping their distance and tripping over themselves in the rush to declare their allegiance to the landmark civil rights law.

But, as the Washington Post’s Ruth Marcus points out, there was a time not long ago when Republican Senators were faced with someone with views very similar to Paul’s–and, instead of distancing themselves from him, tried to put him on the Supreme Court.

Rand Paul and Robert Bork, Marcus writes, “are ideological soul mates.”
For those whose perspective on the rejected Bork nomination is that it was such a skewed pummeling that it led to the creation of a new verb -- Borking -- here’s a reminder. Writing in The New Republic in 1963 about the proposed civil rights act, Bork inveighed against a principle of "unsurpassed ugliness” -- not of racism, mind you, but of the notion of compelling private property owners to stop discriminating. Sound familiar? The next year, Bork lit into the proposed bans on discrimination in both employment and public accommodations, saying they would “compel association where it is not desired,” and citing “serious constitutional problems” with the measure.

Bork renounced those views publicly in 1973, during his nomination for solicitor general. Paul’s about-face took less than 24 hours.

It might seem unfair to bring up a 23-year-old nomination battle in the debate over today’s policies, but some in the Republican Party have done just that, using Bork’s Senate defeat as a recurring Supreme Court talking point.

Just last week, for instance, Senate Minority Leader Mitch McConnell (who voted to confirm Bork in 1987) used the Bork-as-martyr defense to excuse all GOP attacks on Elena Kagan.

This week, McConnell weighed in on the Paul brouhaha, issuing a statement extolling the “landmark achievement” of the Civil Rights Act.

If Republicans want to keep on bringing up the Bork nomination, they should spend some time remembering why Bork met with such an unfriendly reception.

For a reminder, check out People For’s 1987 TV Ad on Bork, narrated by Gregory Peck:



PFAW and AAMIA tell House: Pass ENDA now

People For the American Way and African American Ministers in Action wrote to the House of Representatives today urging swift passage of the Employment Non-Discrimination Act – as a clean bill with no harmful amendments or motions to recommit. This follows last month’s joint statement by over 200 organizations demanding immediate action.

According to PFAW’s Michael B. Keegan and Marge Baker:

American principles of fairness and equal opportunity should be extended to all in the workplace. Passage of ENDA would be a major step in the right direction.

AAMIA’s Reverend Timothy McDonald further explored the idea of shared values.

If we’re going to build the beloved community that Dr. King spoke of, we must be conscious of discrimination, no matter where it rears its ugly head.  As African American ministers, we know what it takes to stand up against systemic oppression. It is in solidarity and love that we recognize the plight of others and support this struggle for the same protections.

We believe a committee vote is imminent, with a House floor vote not far behind. Please write or call your Representative now and tell him or her that you support the Employment Non-Discrimination Act.

Before I go, a special shout out to our friends at the National Center for Transgender Equality for their recent action calling on transpeople to seek employment at congressional offices as a way to demonstrate that transpeople need jobs and are determined to get them.


DOD puts breaks on DADT repeal, veterans to lobby Congress

Late Friday, Defense Secretary Robert Gates and Joint Chiefs Chairman Admiral Mike Mullen urged Congress to hold off on repealing Don’t Ask, Don’t Tell until the Pentagon completes its policy review. This was followed by a White House statement (cited by Washington Post and other media outlets) deferring to Secretary Gates.

Alexander Nicholson, a former Army interrogator discharged under Don't Ask, Don't Tell and current Executive Director of Servicemembers United, believes that the push for repeal is not the real problem.

This letter from Secretary Gates is a significant cause for concern for those who truly respect and support the gay military community.

PFAW agrees that careful thought must be given to a repeal of Don’t Ask, Don’t Tell. But like Alexander Nicholson, we believe just as strongly that legislative action does not depend on the actions of the DOD Working Group. The Working Group was commissioned to study how to repeal Don’t Ask, Don’t Tell – not whether it should be repealed. That’s the point on which Congress wants to act. They could do so as early as this month when work begins on the DOD Authorization bill. Congress should proceed now so that we are ready for implementation by December 1 – the deadline for completion of the Working Group report.

Aubrey Sarvis, Army veteran and Executive Director of Servicemembers Legal Defense Network, described this “fierce urgency of now” in his response.

As a result of the Commander in Chief's decision to defer to Secretary Gates' wishes and timeline, gay service members will continue to be treated as second class citizens, and any sense of fairness may well have been delayed for yet another year, perhaps for another decade.

Joe Solmonese, President of the Human Rights Campaign, continues.

[F]ailure to act this year will, without a doubt, continue to send the message to the thousands of gay and lesbian Americans serving their country in silence that their views and concerns, and the impact on them and their families, do not matter to the military leadership, including their Commander-in-Chief.

Advocates will not rest in their push for an end to LGBT discrimination and muzzled military service. In fact, we’re just one week away from the National Veterans Lobby Day. Hundreds of veterans will come to Capitol Hill to stand up and speak out for the end of Don’t Ask, Don’t Tell.


LGBT families included in immigration reform framework

Senate Democrats made news this week with the release of their framework for moving forward on immigration reform. It is by no means perfect, and there is much work left to be done. However, these Senators should be commended for the framework’s attention to family unity and its inclusion of LGBT families. Page 22 stands strong on behalf of keeping LGBT families together in the US.

[The proposal] will eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status.

This language speaks to the Uniting American Families Act (UAFA) and lays the foundation for fully incorporating UAFA into whatever legislation results from the framework. Incorporating UAFA would be a meaningful step taken toward providing equality to same-sex couples and keeping their families together. UAFA allows many same-sex partners to begin the immigration process more quickly and efficiently, and with fewer limitations. Gay men and lesbians whose partners are US citizens or legal permanent residents could apply for family-based visas and green cards.

Last month, PFAW urged the Senate to take action on comprehensive immigration reform (CIR). We believe this issue is critical to the welfare of our country.

Today, we thank Senators Schumer (NY), Reid (NV), Menendez (NJ), Durbin (IL), Feinstein (CA), and Leahy (VT) for recognizing that addressing immigration fairly and effectively means addressing the needs of ALL people.

For more information, please visit Immigration Equality.


Sessions warns of Obama’s “dangerous” SCOTUS philosophy

Don’t say he didn’t warn you. Sen. Jeff Sessions has taken issue with several of President Obama’s criteria for picking a Supreme Court nominee, but he’s especially concerned about the stipulation that the new justice have a “keen understanding of how the law affects the daily lives of the American people.”

That priority, Sessions warned ABC News this week, is “dangerous.”

One has to wonder if Sessions was similarly terrified in 2006, when in his confirmation hearings before Sessions’ committee, now-Justice Samuel Alito made an eloquent speech about his ability to identify with the concerns of immigrants, children, victims of discrimination, and people with disabilities.

He shouldn’t have worried: despite his professed understanding, Alito helped bring us a variety of decisions that have ignored the realities of daily life in America.

But if he sees out-of-touch as the most desirable quality in a Supreme Court justice, Sessions may have found his ideal Justice in John G. Roberts. Roberts has already reassured us that he missed the Internet age entirely. And on Monday, the Chief Justice showed us his lack of concern for low-wage laborers when he belittled the situation of workers forced to sign bad contracts as “economic inequality or whatever.”

If Sessions is looking for a Supreme Court that disregards the lives of ordinary Americans, he’s got it. But maybe it wouldn’t be so dangerous for our newest Justice to understand the difference between “economic inequality” and “whatever.”


More evidence that in Virginia, the Radical Right's in charge

The Washington Post reported today that Virginia Attorney General Ken Cuccinelli has sent a letter to the Commonwealth’s public colleges and universities asking them to rescind policies that ban discrimination against LGBT people, stating:

"It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including 'sexual orientation,' 'gender identity,' 'gender expression,' or like classification as a protected class within its non-discrimination policy absent specific authorization from the General Assembly."

Colleges that have included such language in their policies -- which include all of Virginia's leading schools -- have done so "without proper authority" and should "take appropriate actions to bring their policies in conformance with the law and public policy of Virginia," Cuccinelli wrote.

I posted last week on the new Virginia Governor's assault on LGBT Virginians, in his rush to carry out the agenda of the Religious Right. Clearly it's not just Gov. Bob McDonnell who poses a threat to Virginians’ rights. The Religious Right has spread its tentacles throughout the upper echelons of Virginia’s state government, and with its grip firmly on the levers of power, Virginians have a lot to be worried about.

More brutal evidence of the fact that elections matter... Progressives will have a lot of work to do fighting back the policies of McDonnell, Cuccinelli and right-wing state legislators in Virginia.


Virginia's New Radical Right Governor Begins His Assault

Pat Robertson's man in the Virginia State House, Governor Bob McDonnell, has been in office less than a month and is already delivering on the Religious Right's agenda ... at the expense of Virginians' civil rights.

A February 5 executive order from the 'Gov stripped gay and lesbian state workers of protections against job discrimination. It was that simple: signing an order that prohibits discrimination based on nearly every category except sexual orientation (which had been included under McDonnell's predecessor, Gov. Tim Kaine). The move has already been praised by Radical Right groups like Tony Perkins' Family Research Council.

This is a painful, cringe-inducing "I told you so" moment that brings no satisfaction to anyone and certainly no desire to gloat. It's a sad reminder that when we snooze, we lose -- in this case, progressive voters snoozing has led to LGBT Virginians losing, but rest assured, there will be more to come and enough misery to go around.

Bob McDonnell's opponent in the gubernatorial race was Creigh Deeds, who failed to inspire his progressive base. Deeds campaign ran away from progressive values instead of embracing and fighting for them, and the Democratic ticket paid the price on Election Day. Deeds got the Democratic nomination in the first place because of dreadful turnout, particularly among progressives, in that party's primary election.

The other lesson we must take away is that we must EXPOSE right-wing candidates for what they are. This need makes organizations like PFAW and blogs like RightWingWatch very important. McDonnell is an undoubtedly intelligent and charismatic politician. He seems like a very nice guy, a good family man and emanates a sincerity that might be genuine. But this persona belies his radical beliefs.

McDonnell could rightly be called a "wolf in sheep's clothing" for running a campaign that avoided the polarizing issues on which his Religious Right agenda is focused. But the evidence was there all along. He was elected, in part, due to progressives' and Democrats' failure to expose his true radical right-wing inclinations despite a wealth of evidence.

His master's thesis (at Pat Robertson's Regent University, which itself should have been portrayed as a bigger red flag to VA voters) espoused extremely radical views. It became a major campaign issue for his opponent Deeds but somehow McDonnell was able to diffuse it by saying those were the views of a younger, less lived and learned version of himself. He was 34 YEARS OLD when he wrote the thesis, though, and hardly some naïve kid. McDonnell's record as Attorney General and statements he had made in the past, as well as his close connection to Pat Robertson, should have been additional red flags.

But here we find ourselves, with LGBT Virginians taking the first of what will likely be many blows to their basic rights throughout Gov. McDonnell's tenure. And it's not only Virginians who are going to suffer.

McDonnell has been unleashed onto the national political scene too. Americans already have enough fear from hatemongers like Sarah Palin, Rick Santorum and others who threaten America with their potential candidacy for president. Now, we have Bob McDonnell (Pat Robertson's protégé!!!) who is clearly being groomed to be a national leader of the Republican Party after he gave the GOP response to President Obama's State of the Union Address -- a response that was very well executed and positioned the articulate family man McDonnell as what one would imagine to be a Tea Party activist's ideal alternative to our current president. (The fact that McDonnell is white is sadly of central importance in the GOP's ploy, but that's a topic that deserves further dissection in another post).

It's been said that we get the government we deserve, based on who we vote for or whether or not we choose to vote at all. But no one deserves a governor like Bob McDonnell. And the likes of Pat Robertson and Tony Perkins certainly do not deserve to have their errand boy serving them up one wish list item at a time wrapped all pretty with a bow on it.

Progressives stay at home on Election Day at all of our peril. And that goes for the primaries especially. The progressive "base" can't just be the voters whose turnout makes the difference for Democrats in general elections (young voters, low-income voters, etc.). People who truly embrace what it means to be progressive need get out there and stand up for our values within the political party structure. If there's one thing this current crop of Democratic members of Congress has made all too clear, it's that no one else is going to assert those values (the same ones that made and continue to make America great, I might add) if we don't do it in the voting booth.

We must do better.

In the meantime, we need to keep an eye on Governor Bob McDonnell, lest he follow the path of another perceived "every man" who was strong on "family values" and played the part of a "uniter, not a divider." That "every man," George W. Bush, served up the most radical right-wing policies of any modern president and was quick to empty the nation's treasury into the pockets of war profiteers and his other corporate sponsors. Let's learn from the past.


Correcting the Court is nothing new

On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act into law, restoring the rights taken away by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Company. One year to the day, a new movement is afoot to correct the Court.

Title VII of the Civil Rights Act of 1964 was enacted to protect individuals from discrimination they face in the workplace.  In Ledbetter, the Supreme Court undermined that protection by holding that employees who are subjected to pay discrimination must bring a complaint within 180 days of the discriminatory compensation decision and that each paycheck that is lower because of such discrimination does not restart the clock.  Advocates fought hard for a law that would reiterate Congress’ intent to hold employers accountable for their discriminatory practices and to allow employees a fair chance to challenge unlawful pay discrimination.

Advocates are now calling for another Court correction, this time in response to the Citizens United ruling, which prohibits Congress from limiting the influence of corporations in elections for public office. Not only is this a radical departure from longstanding precedent, it defies common sense: it argues that corporations and American citizens have identical free speech rights under the Constitution. As Justice Stevens pointed out in his dissent, corporations are not people. They cannot vote, they cannot hold office, and they should not be allowed to pour billions of dollars into our system of government.

Unfortunately the fix we found in for the Ledbetter decision is not enough to fix Citizens United. Legislation, while important and critically needed to mitigate the effects of the decision, may ultimately prove to be inadequate against the unfettered influx of corporate election spending. Only a constitutional amendment can restore the American people’s authority to regulate corporate influence in our elections and restore our democracy.

People For the American Way is calling for just such an amendment. Click here for more information and to sign our petition.


Obama: Repeal 'Don't Ask, Don't Tell'

In last night's State of the Union Address, President Obama pledged to work with Congress and the military to repeal "Don't Ask, Don't Tell" this year.

Thousands of activists joined People For the American Way in urging the President to include the repeal of "Don't Ask, Don't Tell" in the defense budget proposal he sends to Congress early next month.

While it's not yet clear what the vehicle is going to be for repeal, the President's strong statement last night is an indication that he's getting the message. Now, it's up to the Obama administration to deliver on last night's pledge and it's up to all of us to make sure that it does.

We can't slack up in our fight to make sure that the administration and Congress advance pro-equality reforms this year. Anti-LGBT discrimination in the military, the workplace and, yes, in the institution of civil marriage must be addressed by this president and this Congress without delay.

You can join the fight for equality at:


Justice Department Intervenes in LGBT Rights Case

Think Progress points out that the Department of Justice is intervening in an LGBT rights case for the first time in a decade.

The case centers on an openly gay 14-year old student named Jacob in Mowhawk, New York* who sued his school district for failing to appropriately respond to the repeated harassment he suffered at school.  Now the DOJ, citing Title IX of the Civil Rights Act of 1964, is intervening in the suit, arguing that “the law also covers discrimination based on gender stereotypes.”

According to the Utica Observer-Dispatch, the school district claims that it’s close to a settlement.  It also contains an apt summation of the case from Jacob’s father: “He has the right to go to school and feel safe.”

We’re glad that the Justice Department feels the same way.

* - Side Note: Can we all agree on how awesome it is that Mowhawk, New York has an openly gay 14 year old willing to stand up for his rights?  Jacob – When you get to college, give us a call.  I know some people you should meet.


Supreme Court Takes Church-State Case

Yesterday, the Supreme Court agreed to hear Christian Legal Society v. Martinez, a case with important consequences for church-state separation.

The group, the Christian Legal Society, says it welcomes all students to participate in its activities. But it does not allow students to become voting members or to assume leadership positions unless they affirm what the group calls orthodox Christian beliefs and disavow “unrepentant participation in or advocacy of a sexually immoral lifestyle.” Such a lifestyle, the group says, includes “sexual conduct outside of marriage between a man and a woman.”

The law school, Hastings College of the Law in San Francisco, part of the University of California, allows some 60 recognized student groups to use meeting space, bulletin boards and the like so long as they agree to a policy that forbids discrimination on various grounds, including religion and sexual orientation. The school withdrew recognition from the Christian group after it refused to comply with the policy.

Hastings is a public university, and it has a clear policy requiring all student groups to be open to all comers. So, to make a long story short, the group, CLS sued and the case made its way to the Supreme Court.

At stake is whether or not tax dollars—your tax dollars—should go to fund a group which specifically excludes people based on religion or sexual orientation. The answer, in case you were wondering, is “no.”


New GAO Report Exposes More About Politicization of Department of Justice Under Bush

With a new Government Accountability Office report on the activities of the Civil Rights Division of the Department of Justice between 2001-2007, we are learning even more about a department that had been politicized to a dangerous degree under the Bush Administration. Instead of representing the best interests of the American people, the DOJ had been turned into a political machine. The report, obtained by The New York Times, found:

When compared with the Clinton administration, its findings show a significant drop in the enforcement of several major antidiscrimination and voting rights laws. For example, lawsuits brought by the division to enforce laws prohibiting race or sex discrimination in employment fell from about 11 per year under President Bill Clinton to about 6 per year under President George W. Bush.

The report also found that recommendations of career DOJ lawyers to pursue voter intimidation and other cases were inexplicably rejected, with the supervisors leaving no information explaining why the cases had been closed.

The office also found that case files often had no information explaining why supervisors had decided to close cases, sometimes against the recommendation of career officials. In a companion report, it also found that six years of internal audits about the division’s case-tracking system were missing.

People For the American Way followed the politicization of the DOJ during the Bush Administration, calling for the resignation of then-Attorney General Alberto Gonzales and others who played a part in the department’s politicization. We reported on the U.S. attorneys scandal, in which career attorneys at the department were instructed to follow the lead of the White House, not the rule of law, to smear Democratic candidates, protect GOP candidates, and suppress voter turnout through overzealous pursuit of baseless voter fraud claims. We responded to the Inspector General’s report which confirmed the inappropriate actions surrounding their firing.


Washington Post Publishes One-Sided Feature Story on Bishop Harry Jackson

The Washington Post published a one-sided piece on Bishop Harry Jackson that neglected to mention his ties to right-wing political figures such as James Dobson, Lou Sheldon, Tony Perkins and the Family Research Council.

Bishop Harry Jackson has enthusiastically opposed equality and basic civil rights for gays and lesbians couples, and has worked overtime to make discrimination the law of our land. He has dedicated his life’s work to denying gay and lesbian couples important legal protections that could determine whether couples can be kept apart when one person is sick, or forced out of a home when one dies. The government should not put obstacles in the path of those who are trying to care for their loved ones with a lifetime commitment, and neither should Bishop Harry Jackson.

Nor has Bishop Jackson limited his right-wing activism to opposing rights for LGBT people. Bishop Jackson opposed Barack Obama’s presidential bid, saying during the campaign that an ongoing ‘march of darkness’ would overtake the country if ‘we don’t do the right thing in this campaign.’ In an ad, Jackson argued that if Obama was elected president, the nation would not have ‘chosen God’s best.’ Jackson has worked hard to oppose important initiatives that will help all people, especially the poor – from affordable and accessible health care to quality public education to sensible immigration policies.”

People For the American Way released an in depth report on Bishop Harry Jackson earlier this year, “Point Man for the Wedge Strategy.” Click here to view the report.


Quite the 360: The Mormon Church is backing gay rights bill in Salt Lake City

The Church of Jesus Christ of Latter-day Saints is publicly supporting two proposed ordinances in Salt Lake City protecting gay and lesbian residents from housing and employment discrimination.

According to Michael Otterson, the managing director of the LDS Church’s public affairs office, “the church supports this ordinance because it is fair and reasonable and does not do violence to the institution of marriage.”

We applaud the church for their stance on this ordinance, but we remember all too well their unfair and unreasonable support of Prop 8 in California:

Last year at the urging of church leaders, Mormons donated tens of millions of dollars to the "Yes on 8" campaign and were among the most vigorous volunteers. The institutional church gave nearly $190,000 to the campaign — contributions now being investigated by California's Fair Political Practices Commission.


Obama Honors Shepard and Byrd by Signing Hate Crimes Law

Today marks an historic step forward in the fight for equality. With the signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, President Obama sent loud and clear the message that freedom from violence is a right all Americans should enjoy.

As I watched the President put pen to paper, I couldn't help but reflect on my own memories of the tragedies that befell Matthew Shepard and James Byrd, Jr. in 1998. How gripped the country was by each man's story. How years later I saw a stage production of Moisés Kaufman's The Laramie Project. I'll never forget the emotion that overcame one of my friends in the audience. He was struck by the fact that Laramie wasn't so different from his hometown. What happened to Matthew could have happened in his backyard. It could happen just about anywhere without people and a government willing to stand up to fear and hate. Today we stood up.

Enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is all the more remarkable for affirming a positive protection for gender identity - a first in federal law. In showing how far we've come, this action also shows how far we have yet to go. Just two years ago, a battle was fought over whether to include gender identity protections in employment discrimination legislation. ENDA's enactment with gender identity intact will hopefully be the next great achievement for the LGBT community, and for us all.

As the late Senator Kennedy so famously said, "For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die."

Click here for today's statement from Reverend Timothy McDonald of African American Ministers in Action and Michael B. Keegan of People For the American Way.


Obama Continues to Defend Discrimination

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.


Perez Says Justice Department Will Attack Gay Discrimination

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.


Hate Crimes Legislation One Step Closer to Becoming Law

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.