Federal LGBT legislation in limbo, nine equality bills are going nowhere

Don’t plan on seeing any sweeping equality legislation out of Washington, D.C., this year. Or next.

Despite the end of Don’t Ask Don’t Tell – the military policy forbidding gays and lesbians to serve openly – on the horizon, the political gridlock that caused a summer of anguish (will they or won’t they raise the debt ceiling?), has taken another victim besides the United State’s credit rating: the LGBT-equality movement.

“There’s a lot of important legislation still pending in Congress,” said Denver Democrat U.S. Rep. Diana DeGette. “We were happy to get rid of Don’t Ask Don’t Tell, and we were very close to being able to pass ENDA and other legislation (in 2010), but with this new group in Washington, everything has stalled.”

DeGette, chief deputy whip and vice-chair of the LGBT caucus, is in a unique position to be at the forefront of the fight for equality. But that fight has all but come to a halt.

DeGette’s finger is pointed squarely at GOP House leadership.

“The Republican Party has been taken over by the Tea Party contingent that thinks they were elected to dismantle the government,” she said. “So they don’t work with us.”

There are currently nine pieces of legislation that have been introduced in both the House and Senate. Only one bill, the Respect for Marriage Act that would repeal the federal definition of marriage between one man and one woman, has had a hearing in the Senate where Democrats are still in control, said federal legislative director for the National Gay and Lesbian Task Force Stacey Long.

“So far, the Republicans aren’t interested in advancing LGBT rights,” Long said.

Emails and phone calls to U.S. House Majority Leader Eric Cantor’s office were not returned by deadline.

The Task Force, the oldest nationwide LGBT advocacy organization, has shifted gears from offense to defense and long-term planning, Long said.

“We are doing everything we can so we’re in the right place at the right time,” Long said. “We want to be ready to get over the hump when it comes time.”

But there is hope, Long said. While New York Rep. Jerrold Nadler’s marriage bill and his Uniting American Families Act – that would grant spousal rights to binational couples – have little prospects of advancing, there is promise for Boulder gay Democrat Rep. Jared

Polis’ non-discrimination bill that would protect LGBT students.

According to Polis’ spokesman Brian Branton, the legislation has strong bipartisan support in the House with 145 cosponsors.

“We are confident that we can successfully incorporate this legislation into the reauthorization of the No Child Left Behind Act when Congress takes this up,” Branton said via email.

But that might not be until 2012, deep into the election cycle when anything can happen. And there are still anti-equality amendments pending this year.

“These amendments could include reinstatement of the federal needle exchange ban and attacks on marriage equality in Washington, D.C.,” said Human Rights Campaign spokesman Charles Joughin.

Some, including Nadler spokesman Ilan Kayatsky, are hoping the GOP comes around. And soon.

Kayatsky said his office has had conversations with GOP House members and several are privately “closer than you think,” to signing onto some equality bills.

While the “regression forces” are strong in the GOP there are still potential allies, Kayatsky said.

“I hope we’ve hit rock bottom already,” Kayatsky said when asked if the partisan divide in the Washington could get worse.

Only time will tell.

Legislation in limbo

The following bills have been introduced in both the House and the Senate this year. Only one has had a hearing this year in the Senate – the Respect for Marriage Act. It’s unlikely any of these bills will be passed by both chambers as standalone bills. According to representatives for Rep. Jared Polis, D-Boulder, and The Gay and Lesbian Task Force, Polis’ bill might have a chance of becoming law in 2012 if it’s attached to a larger bill.

The Student Non-Discrimination Act
Lead Sponsor: Jared Polis, D-Colo.
If this bill became law LGBT students would be protected as a special class by a federal law. Referred to committee. No hearings have been held
in this Congress.

The Employment Non-Discrimination Act
Lead Sponsor: Barney Frank. D-Mass.
This law would make it illegal to fire someone because of their sexual orientation or gender identity. Referred to committee. No hearings have been held in this Congress.

Respect for Marriage Act
Lead Sponsor: Jerrold Nadler, D-NY.
If enacted, the federal Defense of Marriage Act limiting marriage to a man and a woman would be repealed. Referred to committee. No hearing in the House in this Congress, but there was a July 20 hearing in the Senate in the Judiciary Committee.

Uniting American Families Act
Lead Sponsor: Jerrold Nadler, D-NY.
This bill is designed to provide spousal protections for binational gay and
lesbian couples. Referred to committee. No hearings have been held
in this Congress. l