Four Reasons for Hope on LGBT Rights and the Obama Administration

OK, so you voted for Obama, and you are a big LGBT rights supporter, and you are starting to despair because he has yet to push for the repeal of either DOMA or the Don't Ask, Don't Tell policy. And to make matters worse, you've heard that his Department of Justice filed a brief in a case challenging the constitutionality of DOMA in which it argued that the law is clearly constitutional.

The Administration has been hit hard, and rightfully so, on all of these points by LGBT leaders and by the gay blogosphere.

But I, for one, do not want to completely lose the sense of optimism that I felt just a few months ago when Obama replaced what was without a doubt the worst and most incompetent administration since that of Herbert Hoover's. I want to find reasons to still believe that the Obama Administration will do the right thing for LGBT people, and do it relatively soon. Below are four "signs of hope" (and perhaps you can think of more). Please understand that I am not suggesting that these small steps justify the Administration's refusal so far to push for the repeal of DOMA and of the military's blatantly discriminatory policy. All I am saying is that these are silver linings of sorts which suggest that perhaps better things are on the way when it comes to how the Administration will handle some of the most important civil rights issues of our time.

1. The Administration has decided not to appeal a successful discrimination lawsuit brought by a transgendered person who was denied a position with the library of congress.
This is an important case because the trial judge ruled that the plaintiff, as a transgendered individual, is protected by Title VII of the Civil Rights Act of 1964, the nation's most important employment antidiscrimination law. You can be sure that the Bush Administration would have appealed this ruling By refusing to appeal, the Administration (at least implicitly) is agreeing that transgendered individuals are protected by Title VII, a point that will no doubt be used by future litigants. By deciding not to appeal, the Administration is also sending the message that government agencies should not discriminate on the basis of gender identity. This is consistent with reports that the Administration is in the process of quietly drafting workplace guidelines prohibiting discrimination by agencies of the federal government.

2. The Administration has decided that the 2010 census will count same-sex couples who are married.
It will not surprise you to learn that the Bush Administration took the position that DOMA prohibited the federal government from even counting how many same-sex couples are married under either the laws of foreign countries or of those states that recognize gay marriages. The Obama Administration has reversed that decision, which will help to render visible the thousands of same-sex couples across the country whose marriages have been recognized by at least one jurisdiction.

3. The Administration has proposed eliminating the regulation that excludes HIV + immigrants.
There used to be a time when having a same-sex sexual orientation was a sufficient ground to deny an immigrant the right to enter or stay in the United States. That law was changed in 1990. But a few years before that, during the dark days of the Reagan Administration, the federal government adopted a regulation requiring that those who want to emigrate to the U.S. (or immigrants already here who want to stay) have to be tested for HIV, with their petitions denied if they test positive. Since HIV is not transmitted casually, there was never a public health justification for the HIV immigration ban. It is therefore heartening that Obama's Department of Health and Human Services has started the public comment process that should lead to the elimination of this unnecessary and discriminatory regulation.

4. The Administration has appointed several open LGBT people for relatively high positions
including John Berry (Director of Personnel Management), Nancy Sutley (Chair of the Council of Environmental Quality); Fred Hochberg (Chair of the Export-Import Bank); and Brian Bond (Deputy Director of the White House Office of Public Liaison). I know that in this day and age, we should be beyond the point of commending organizations, including the government, for not discriminating against people because of their sexual orientation. But, again, remember where we were just a few months ago: The previous Administration, to my knowledge, did not make a single significant appointment of an openly gay or lesbian person to the federal government for eight years. The fact that political appointees of the federal executive branch are starting to reflect the country's diversity, including its sexual diversity, is a positive and important change.

I trust that you will not think I am being unduly Pollyannaish in my search for hope when it comes to the Obama Administration and LGBT rights. I fully recognize that the Administration's track record so far on these issues has been (to say the least) mixed. But I want to believe. So I am going to try to hold off despair for as long as I can.

Comments

[jmpurser]

Wow! President Obama isn't quite as awful as he could possibly be on the subject of civil rights! Hip Hip Hooray!

[PlaceboStudman]

I seem to be the only one who actually LISTENED when President Obama made his speech commemorating the anniversary of Stonewall last month. During those remarks, he very clearly and succinctly said it was up to us, the citizens of this country, to pressure congress to pass the repeals of DADT and DOMA (and ENDA, and UAFA and Hate Crimes legislation which always get pushed to second tier rights). He told us (or maybe it was just me) that it is in our hands when we "Make him do it", by pushing congress to speed up the process getting DADT and DOMA to the floor. Obama is being a community organizer, and in this case, he is organizing us, the community (LGBTs and our supporters) to rally our troops, and motivate ourselves to campaign and push congress to do what they are required to do. And don't tell me about the executive order route. If he did that, Republicans would do anyhting and everything in their power to kill health care and energy reform, which is high on the agenda. Yes, we must be patient, but we must also be persistent in our patience, and continue to put pressure on congress to do what we want them to do for us, not let them do what they want to us, as they currently are doing on health care reform.

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[Carlos A. Ball - Huffpost Blogger]

Thank you for the comment. You make an excellent point. With all of the attention and pressure that the administration is getting on these issues, one has to wonder where are our congressional leaders in all of this. Yes, they are busy with other matters, but so is the administration. We need to keep the pressure on Congress, and not just on Obama.

[aftershock]

"During those remarks, he very clearly and succinctly said it was up to us, the citizens of this country, to pressure congress to pass the repeals of DADT and DOMA"

And he said this merely to take the pressure off himself. He said during the campaign he'd be a fierce advocate. A fierce advocate doesn't sit back and say, well there's nothing I can do, but you guys go ahead and call Congress and yell at them because there's nothing I can do. It's highly disingenuous to almost downright insulting. Pres. Obama holds much more sway on the issues, and can use his office to get more votes for a certain issue. He certainly was able to twist some arms for other things he's wanted so far, but on gay rights, well, there's just nothing he can do right?

"And don't tell me about the executive order route. If he did that, Republicans would do anyhting and everything in their power to kill health care and energy reform, which is high on the agenda."

Yeah, like they're not doing that already. ~rolls eyes~ Dude people (the President included) need to wake up and realize the GOP is not going to work with Obama. They will try and stop anything that could possibly make his Presidency successful.

[AntonBursch]

Get in line. Mermaids and Centaurs are facing legislation that threatens their very existence.

[SouthJerseySteve]

Even baby steps grow and become "toddler" steps and I am ready for the grown up steps!

[jeremyfive]

Good article, and yes there needs to be more progress by the Obama administration. The time is now.

At a time when GOP leaders can't seem to honor their marital vows, or refrain from ordering up call girls, or making moves on senate pages, or toe-tapping in the mens room, the timing is fortuitous to make a move to legitimize real committed relationships.