President Obama, Equal Rights and Sexual Orientation

The Brennan Center for Justice at New York University recently asked me and other "writers, thinkers and advocates" to express our "thoughts about what should be the President's first order of business." Here is my response.
(For other responses, see here).

As one of his first acts of office, President Barack Obama should call for federal legislation ensuring equal rights for all persons in the United States regardless of sexual orientation.

As a candidate for United States senator from Illinois, Mr. Obama announced that, as "an African-American man" and "a child of an interracial marriage," I have "taken on the issue of civil rights for the LGBT community as if they were my own struggle because I believe strongly that the infringement of rights for any one group eventually endangers the rights enjoyed under law by the entire population." He proclaimed that he had worked for more than a decade "to expand civil liberties for the LGBT community including hate-crimes legislation, adoption rights and the extension of basic civil rights to protect LGBT persons from discrimination in housing, public accommodations, employment and credit," and promised that he would continue to "be an unapologetic voice for civil rights."

Now is the time for Mr. Obama to fulfill that promise - boldly, proudly and in the spirit of this nation's continuing struggle for equal justice for all persons. Specifically, he should call upon Congress immediately to enact the Employment Non-Discrimination Act and the Matthew Shepard National Law Enforcement Hate Crimes Prevention Act, and to repeal the military's discriminatory "don't ask, don't tell" policy and the 1996 Defense of Marriage Act, which he once rightly described as "abhorrent."

Mr. Obama should further call upon Congress to enact federal legislation recognizing equal rights for all persons, without regard to sexual orientation, in the fundamental realm of family rights, including equal treatment under federal law of all persons who are in a legally-recognized marriage, civil union, or domestic partnership.

Mr. Obama wanted to lead. Now, let him lead.

Comments

[carsntrucks]

I'll never support the efforts of a group of people so callous as to compare this issue to the civil rights movement, so bigoted that they speak hatred against people because they're religious, and so self-centered that they care only about their political goals and not about the people they need to achieve them.

Never.

[SunDriedTomato]

My marriage is directly impacted by Prop 8. My church is suing along with 4,556 other churches to fight Prop 8.

Equal civil marriage rights are very important to me.

My brother is in the military. He has been in the middle-east.

Proper handling of the wars in Iraq and Iran are very important to me.

Which one, if I only focussed on these two, do I think Obama "should" deal with as one of his first acts? I'd like my brother home, and safe, and undamaged, please. Then he can come to the ceremony renewing my marriage vows later when DOMA is overturned, the dust settles, and my family has legal federal recognition.

[SunDriedTomato]

Whoops, I meant "proper handling of the wars in Iraq and Afghanistan and avoiding war in Iran"

[FearlessFreep]

Such civil-rights legislation should include the transgendered.

[iwantpie]

Obama needs to leave these issues alone and focus on the domestic and international affair of the nation. You people need to go to the state and leave the president-elect and the American people of out your affair.

[shaq]

I second that emotion!!!

[GiveUsFree]

I guess that one way to go. Personally, I would have chosen the WAR or the Economy, but hey, whatever floats your boat.

[PlaceboStudman]

The problem I see is, Obama must skirt a very narrow tight rope between giving the LGBT community the full equal rights we deserve, while making sure not to make it a federal mandate. If these rights were given by federal mandate, The Right will fly up in arms, and have the same complaints about human rights related to their religious beliefs, as those of us secular rationalist independents and democrats had when it came to Bush and the Patriot Act and other civil rights violated by GWB. Obama is in a precarious position, and while those of us in the LGBT community need his and Congress's help and support in our fight for unconditional equality, it has to be done with responsibility and respect of the entire country, most of whom are not yet ready to give us in the LGBT community the rights we deserve, unfortunately.

[FearlessFreep]

JFK's apologists said the same thing about black civil rights.

[shaq]

Yes, and you were all broken up about it, right? PLEASE!

[Emma Ruby-Sachs - Huffpost Blogger]

Thank you, Professor Stone, for this call for action. Equality can always take the back burner in the face of foreign policy and domestic economic policy. But we need real leadership on LGBT rights in this country and Obama said himself, he intends to be that leadership.

[SiberianRat]

I agree, but I think it's kinda on the arrogant side for anyone to call for this as a major priority in the first few days--there are MAMMOTH problems facing the world and the country. I'm gay, and of course I think LGBT issues are important, but I also think that many LGBTs need to get over themselves and realize that not everything revolves around LGBT issues.

[carter2004]

So LGBT people should all shut up so long as there are pressing problems which affect a larger group of people?

Does it impress you/change your tone at all if I remind you that the federal Civil Rights Act was passed in 1964?

I for one am so glad that history does not share your narrow-minded view of what can and cannot be accomplished by our government in time which are turbulent both economically and geopolitcially.

[iwantpie]

Agreed. Lets focus on others issues and not these personal things.

[gunsreligion]

Really? Thats the first thing he should do? You gotta be kidding me.

[iwantpie]

co-signing

[nobigots]

Very nice to see something so clear and to the point.
I see no reason our new President can't do all the specifics you list by the end of his first 6 months in office. Surely Obama knows how to use his staff to multitask, so all the other very pressing issues won't be slighted if he also acts on his commitment to full equality for ALL citizens.

[JohnBisceglia]

For many of us (Q's that have experienced trauma due to inequality) - We have HAD IT. If American cannot "handle" Federal Equality...now....and if President Obama cannot do as Mr. Stone suggests and LEAD, then this "Culture War" will only get intensified and more dangerous for all of us.

The financial boycotts have barely begun; more are advocating tax revolt [equality tax protest]

There is ABSOLUTELY NO REASON why 2 women in love, and their 4 children, should have to fight and struggle and suffer....sometimes CRUEL suffering......while a man and woman in love, and their 4 children enjoy the 1,138 rights WHICH PREVENT suffering and injustice. WE HAVE HAD IT.

[shaq]

So, why don't those 2 women to whom you refer and their 4 children move to Massachusetts? If the overriding issue and priority is being united in marriage and benefitting legally from such a union. What's keeping all of the homosexuals from just moving there and getting married?

[billy goat]

While I'd be in favor of these advancements and likely benefit from them, I hope President Obama takes on the more daunting challenges of our unhealthy economy, increasingly taxing wars and related foreign policy, and health care first. Positive movement and strong leadership in these areas benefitting all will go a great distance in building the political capital necessary to take on the challenges of LGBT discrimination. He needs to prove that he's real and can deliver especially against the backdrop of the last eight years. No more monkey business!

[JohnBisceglia]

(hey billy_goat, this is more of a response to those who feel as you do - and there are many....)

But lower income Q families and individuals suffer needlessly, and they have ALL of those worries you listed AND MORE...........due to inequality. Should they pay MORE money for less rights? The "suffering" I'm refering to includes stories of parent's LOSING children to relatives, losing homes, pensions, careers, and worse.....due to federal inequality in marriage, adoption, and employment..........all 3 often interlocked.

How many lawyers are needed to just say:

EQUAL = EQUAL?

[KathrynKate78]

Those are definitely compelling reasons but don't forget, widespread economic reform would alleviate such problems (though not permanently solve them).

It's not that equal rights is not an important issue, it's that it doesn't pose as immediate a threat to all Americans as the economy and international situation do--both of which are spiraling out of control. We lack the prosperity and peace for the federal government to take up this issue at this time (emphasis on that qualification). For now, we should be demanding STATE action, not federal action, on the question of equal rights for LBGT citizens. Our national government has very pressing and dire issues to address that affect all Americans. Advocating the rights of some Americans is no less important but, at this stage, would be better if handled by the states that, though strained, are not as beleaguered as our federal government currently is. We are all in very serious trouble if our economy and foreign policy crises aren't productive addressed immediately. Probably worse than we realize.

And remember, just because gay marriage isn't at the top of Obama's increasingly daunting to-do list doesn't mean it's not on the list. He supports gay marriage and is well versed in constitutional law. This issue, I trust, will not fall by the wayside in an Obama administration.

[JohnFromCensornati]

I thought we were hiring the smart guy who could do more than one thing at a time.The author's wish list could be enacted without even deepening the financial crisis. Not to worry, though. BHO (and the Dems) have no intention of doing any of it.

[iwantpie]

"Not to worry, though. BHO (and the Dems) have no intention of doing any of it."

Thank, God.

[SiberianRat]

I agree.