Four More Years: The Road Ahead for LGBT Rights
When President Barack Obama voiced his personal support of same-sex marriage in May 2012, many predicted the move would cost the President crucial votes in the November election.
Instead, voters turned out on Tuesday to support President Obama and gays and lesbians. Maine, Maryland, and Washington became the first states to legalize same-sex marriage by popular vote, and Minnesota became the first state to reject an anti-gay amendment. In Wisconsin, Tammy Baldwin became the first openly gay person elected to the Senate.
Popular opinion has shifted dramatically in favor of gays and lesbians over the past four years. Voters on Tuesday demonstrated that same-sex marriage can no longer serve as a wedge issue in elections.
Will President Obama embrace this cultural shift toward LGBT equality in his second term?
President Obama’s first term brought significant changes for LGBT Americans, but the repeal of the Defense of Marriage Act and the passage of the Employment Non-Discrimination Act are both necessary for full equality.
In June 2009, Obama issued a Presidential Memorandum granting some benefits, though not full health coverage, to same-sex partners of federal employees. In April 2010, gays and lesbian partners were granted hospital visitation and medical decision-making rights.
The Obama Administration stopped defending the Defense of Marriage Act in Court in February 2011.Until it’s repeal, DOMA will prevent same-sex couples who are legally married in their own states from receiving the 1,138 benefits, rights and protections provided on the basis of marital status in Federal law.
In September 2012, the Department of Homeland Security announced it would expand the definition of “family” to include “long-term same-sex partners,” which gives gay, bi-national couples equal protection from deportation. This change has no effect on visa applications for same-sex spouses.
Obama has also made steady progress to secure rights for transgender Americans. In January 2010, federal employees were protected from discrimination based on gender identity; this protection was extended to all Americans in April 2012.
In addition, the administration ended the Social Security Administration’s practice of sending gender “no match” letters to employers in September 2011. This verification process unnecessarily outed transgender employees and put these workers at risk of gender discrimination.
Other milestones include the signing of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in October 2009 and the repeal of Don’t Ask, Don’t Tell (DADT) in September 2011.
Despite this significant progress, gays and lesbians are not federally protected from employment discrimination. Employers in 29 states can fire workers because they are gay, lesbian, or bisexual. The passage of the Employment Non-Discrimination Act (ENDA) would protect workers from this discrimination.
The road to full inclusion will be long, but President Obama carries the momentum of public support for gays and lesbians into his second term. This unprecedented support will pave the way to full equality for LGBT Americans.
What progress do you predict in the next four years?
Photo by Greg Ness