Will Next Year Top 2013?

Clearly significant progress was made in 2013 for many in the LGBT communities.  There were some surprises in the mix that added more shine to an already glossy year.  Coming out revelations, the first openly gay candidate elected to the U.S. Senate, increased popular support for marriage equality, and even a Super Bowl trophy for our beloved Baltimore Ravens were part of this intriguing year.

Immediately after midnight on New Year’s Eve, the tone for the rest of 2013 was already set.  Baltimore Mayor Stephanie Rawlings-Blake, already a proven advocate and supporter for LGBT issues, officiated the first legal same-sex marriage ceremony in Baltimore and was among the first in the state where dozens celebrated their nuptials on that glorious day.

Following that historic occasion, hundreds of other couples in Maryland tied the knot throughout the year, and marriage equality, unfathomable just three years ago, became almost routine.  During Pride, the Mayor officiated the first mass same-sex weddings to loud cheers by hundreds of family members, friends and onlookers.  This joy of marriage equality spread across the country as the year closed with 18 states and D.C. legalizing same-sex marriages.

We also celebrated the announced retirement of state delegate Emmett C. Burns, Jr. and the political ruination of fellow homophobe delegate Donald H. Dwyer, Jr. who did little during their terms other than attempt to block progress on LGBT rights.

While delivering the State of the Union Address in January, President Obama became the first president in U.S. history who called for equal rights for gays.  That indicated we had clearly turned the corner in the debate over LGBT rights.  This was followed by a parade of elected and other officials across the country publicly favoring marriage equality.

The biggest news on the marriage front was the U.S. Supreme Court’s 5-4 ruling in June that struck down Section 3 of DOMA.  By doing so the Court paved the way for the federal government to recognize legally wed same-sex couples, which would, among a plethora of rights and benefits, entitle couples to file taxes jointly and receive such federal benefits as Social Security and veterans pensions.

The U.S. Senate made history with its bipartisan vote on a trans-inclusive ENDA—the federal Employment Non-Discrimination Act.  President Obama already said he would immediately sign the bill into law if the House approves it.

Of course, not everything was so rosy.  By a vote of 6-5, the Maryland Senate Judicial Proceedings Committee struck down SB 449—a measure that would have provided protections in employment, housing and public accommodations on the basis of gender identity or expression—thus killing the bill for the 2013 legislative session.

All things considered and recognizing there is a ton of work to do in the way of HIV/AIDS prevention, LGBT homelessness, transgender non-discrimination at the state level, bullying, hate crimes and other issues, this was a very good year—particularly for gays and lesbians. 

But will 2014 offer reasons for jubilation?  Sadly, no.

We all like to view any New Year through the lens of unfiltered optimism.  I sure do.  But there is that pesky thing called reality that manages to be the skunk at the picnic.  Some years are better than others, but there is little cause for unbridled optimism in 2014.

On the positive side, we will see several new states join in the marriage equality parade.  New Mexico, Oregon even Pennsylvania and Ohio could legalize same-sex marriage through various means.  Certainly, the Supreme Court ruling has provided clarity and precedence for future discrimination cases brought before lower courts.  This could be a major story.

On the other side of the ledger ENDA most assuredly will not be brought up during 2014, not with elections taking place in November and Republican incumbents fear of being “primaried” for not being more like the Tea Party voters. Still kowtowing to that faction, Speaker John Boehner said he will not allow a vote (even though head counters say it would pass) because there is “no basis or need” for federal employment nondiscrimination protections.

At the state level, transgender non-discrimination legislation is not likely either given that it’s an election year.  This looks like it would have to wait until 2015 when the chances for passage would seem brighter.  With a shift in the make-up of the Judicial Proceedings Committee by Senate President Miller or one of the members changing his/her mind, the bill could get through and pass in both chambers.  A targeted strategy directed towards the JPR and/or Miller is really what’s needed to make the bill a law.  But again, being an election year complicates matters.

The upcoming year should not be totally dismal for LGBT folks because so much could happen either way.  Nonetheless, progress on key issues will be stalled.  There were surprises in 2013 and we could see some more—good or bad—this time around.

One thing I believe will occur is that there will be interesting developments in at least one major LGBT organization in 2014.  Stay tuned, and have a Happy New Year.

One Giant Leap for Equality

The incredibly historic rulings by the U.S. Supreme Court (SCOTUS) on marriage equality remind me of another improbable feat. As Neil Armstrong said upon setting foot on the lunar surface, “One small step for [a] man; one giant leap for mankind.”  Before the 1960’s nobody thought we could land a man on the moon but we did on July 20, 1969.  We are now approaching the 44^th anniversary of that astounding occasion.

The SCOTUS decisions similarly could not have been predicted just a few years ago given what the Court has wrought over the years including Bush v. Gore, Citizens United, and just the day before the marriage rulings were handed down, the lamentable decision on the Voting Rights Act.

I always thought that the 1996 Defense of Marriage Act or DOMA would collapse under litigation based on the equal protection clause of the U.S. Constitution.  And some lower courts saw it the same way.  Yet, SCOTUS with its conservative tilt and conservative Chief Justice, seemed like the time was not quite right to make bold progressive rulings in arguably the most significant civil rights issue in decades.

Bold they weren’t in the case of Proposition 8 in California. Rather than ruling that same-sex couples everywhere in the U.S. have the fundamental right to marry, the Court punted.  The case went back to the lower court because those who appealed that decision to strike down Prop 8 lacked the legal standing.   This meant that same-sex couples in California regained their right to marry. 

As for Section 3 of DOMA, SCOTUS decided by a vote of 5-4 that the federal government must recognize the lawful nuptials of same-sex couples, thus conferring over 1,100 rights, benefits and responsibilities.  That decision applies only to the 13 states (including California) and D.C. where such marriages are valid.

President Obama, arguing that DOMA was unconstitutional, refused to defend it in court and later filed a brief that attacked DOMA on the merits.  The administration is currently taking steps to broaden the benefits of the SCOTUS ruling by moving swiftly to revise regulations so that same-sex couples in states where marriage equality does not exist, can tie the knot in any of the other 14 jurisdictions and receive federal benefits and protections.  

Moreover, the entire DOMA could eventually be scuttled as Senator Diane Feinstein (D-CA) immediately re-introduced the Respect for Marriage Act in the upper chamber.  It would repeal DOMA and require the U.S. federal government to recognize the validity of same-sex marriages regardless of what state the couple lives in. The number of co-sponsors has increased sharply from 17 just two years ago to 40 presently.
An identical bill was introduced into the House by Rep. Jerrold Nadler, (D-NY) with the support of 160 co-sponsors, including at least two Republicans.  Alas, this measure will not advance soon as the tea party caucus continues to dominate the GOP-controlled House, and they are not ready to drop DOMA.

The Republicans can’t help themselves.  All that post-election talk about “expanding their tent” evaporated into thin air and not just in terms of their attitudes towards women and immigration reform.  They continue to maintain an anti-gay posture and seem to be stuck in that mire while the rest of the country is moving forward.  House Speaker Boehner and others denounced the SCOTUS decisions proving that the GOP is still enmeshed in and controlled by base politics. 

While the SCOTUS rulings do not have wide applications, what did come down justified the celebrations.  For one thing, the Court could have gone the other route and upheld Prop 8 and DOMA.  That would have been a significant setback for marriage equality advocates, and positive change would be perhaps a generation away.  But this Court, albeit narrowly, handed down decisions that should pave the way for favorable outcomes in the near future.

Emboldened by the SCOTUS rulings especially on DOMA and a surge in public support for marriage equality in recent years, advocates in several states are seeking to overturn existing bans to same-sex marriage via their legislatures or at the ballot box.  Furthermore, it is almost guaranteed that there will be a wave in lawsuits in the non-equality states based on violation of the equal protection clause and the precedent established in the SCOTUS majority opinion. 

Going into the last week of the Pride month of June, many folks were optimistic even hopeful about the Court’s rulings but cautious considering the make-up of the Court.  Justice Anthony Kennedy, who had written the majority opinion in Lawrence v. Texas exactly ten years before that ruling de-criminalized sodomy, was considered the “swing” vote.   But many viewed him as unpredictable based on his stated concern during the oral arguments phase last March about venturing into “unchartered waters.”

Nevertheless, as was the case with the Apollo mission, SCOTUS defied the odds and doubts and came through when few imagined it possible say, four years ago.  And because of the now favorable possibilities, this was indeed one giant leap for equality and the beginning of a new frontier.

Equality Wins!

Supreme Court strikes down DOMA, reverses Prop 8

On the 10^th anniversary of the U.S. Supreme Court’s ruling that struck down sodomy laws in Lawrence v Texas, June 26, 2013 turned out to be another seminal landmark in the history of LGBT rights.  By a 5-4 decision the Court struck down Section 3 of DOMA—the Defense of Marriage Act—on the grounds that it violated the equal protection clause in the U.S. Constitution.  

In the case, Windsor v the United States, DOMA was viewed by the majority of the Court, whose opinion was written by Justice Anthony Kennedy, as unconstitutional “as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  Justice Scalia was among three justices authoring dissents.

“By creating two contradictory marriage regimes within the same State, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect,” wrote Justice Anthony Kennedy. “By this dynamic DOMA undermines both the public and private significance of state sanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage.”

The result is that same-sex couples who were married in states where such nuptials are legal, including Maryland, will be able to enjoy over a thousand Federal rights, benefits and entitlements that are accorded heterosexual couples. They include such Federal benefits as the right to file joint tax returns, federal pension survivors’, Social Security survivors’ benefits and many more.   Government agencies will be required to revamp their regulations to include legally married same-sex couples. 

With the Court’s decision to allow a lower court’s ruling to stand, which struck down Proposition 8 in California based on the equal protection clause, there are now 13 states plus D.C. where same-sex couples can marry. This represents jurisdictions covering over 93 million Americans.

DOMA was signed into law in 1996 by President Bill Clinton in which the Federal government was barred from recognizing same-sex marriages even if they were legal in certain states.  At the time, no such marriages were legal.

The second landmark decision that struck down Proposition 8 was based on standing that upheld the U.S. District Court of California’s ruling, authored by Vaughn Walker.  “We have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to,” read the majority opinion in Hollingsworth v. Perry authored by Chief Justice John Roberts. “We decline to do so for the first time here.”

By taking this approach, the Supreme Court nullified Proposition 8 in California but provided no opinion on the rights of states to ban same-sex couples from being legally married.  Observers characterize the Court’s decision as “punting.”  During the oral arguments in March, Justice Kennedy cautioned that the Court was entering “unchartered waters,” which signaled a more likely narrow ruling as opposed to a sweeping broader one, unlike the DOMA ruling.

Hundreds of equality supporters as well as a lesser number of opponents gathered around the Supreme Court building in sweltering heat and humidity cheering the news amidst a sea of rainbow colored flags and signs.  People came from all over the U.S. with some spending the night before to witness history.

“Today the married lives of same-sex couples in Maryland were made whole,” Carrie Evans, executive director of Equality Maryland, told me.   “We can now access the more than 1,000 protections the federal government provides to married couples. And with the ruling in the Perry case, marriage equality returns to California bringing us to 13 states and the District of Columbia that have marriage equality. We will continue our quest in the remaining 37 states until all loving and committed couples in the U.S. have access to marriage equality.”

HRC president Chad Griffin issued a statement that said in part, “Today’s historic decisions put two giant cracks in the dark wall of discrimination that separates committed gay and lesbian couples from full equality.”

Governor Martin O’Malley, who pushed marriage equality in Maryland, weighed in calling the rulings “a powerful step forward for those who live in states like Maryland.”

The White House issued the following statement: “I applaud the Supreme Court’s decision to strike down the Defense of Marriage Act.  This was discrimination enshrined in law.  It treated loving, committed gay and lesbian couples as a separate and lesser class of people.  The Supreme Court has righted that wrong, and our country is better off for it.  We are a people who declared that we are all created equal – and the love we commit to one another must be equal as well.

“This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents’ marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.” 

“This is a historical day for all gay and lesbians couples,” said Annapolis resident Kim Hinken. “My wife, Adri and I are overjoyed at the repeal of DOMA. Finally, the country recognizes our vows to each other as they do any couple. The legal protections that this ruling allows us will assure that we are seen as a legally married couple in the U.S.”

A Good Time to be OUT and PROUD

Since last year’s Pride, happily there have been some quick-moving major developments in the quest for LGBT equality.  The repeal of “Don’t Ask, Don’t Tell” took effect with a ho-hum reaction from within the Armed Services instead of the predicted panic by anti-gay worry-warts. 

Both California’s Proposition 8 and the federally passed DOMA—Defense of Marriage Act—are not being upheld in the lower courts on Constitution grounds.  These cases will eventually go before the Supreme Court for an ultimate ruling.

New York State’s legislature passed same-sex marriage and Governor Cuomo immediately signed it. In Maryland the General Assembly narrowly approved marriage equality and Governor O’Malley signed it into law on March 1.  A referendum in an effort to overturn the law is likely in November.

As for gender identity non-discrimination, although Maryland’s General Assembly failed to bring the matter to a vote again this year, protections were legislated successfully in Baltimore and Howard counties, which expand on those already passed in Baltimore City and Montgomery County.  Perhaps next year, the state will follow through.

We witnessed for the first time in U.S. history a sitting president publically support same-sex marriage as did the current vice-president, his two predecessors and two former presidents.  And this hasn’t been demagogued so far by equality opponents as one would have expected.   You can sense a change in the direction of the wind.

One of the factors for this welcome progress has been the trending revealed in local and national polls about the improved attitudes towards LGBT folks including support for marriage equality.  A few years ago this would have seemed implausible. 

The people seem to be always out in front of the politicians on these matters, and the politicians take notice.  That was one of the reasons “Don’t Ask, Don’t Tell” was repealed; it garnered huge widespread backing from the citizenry.

What is causing the needle move into the positive side of the dial?   A recent CNN-ORC International survey offers some clues.  Although the divide continues by political party and age, the support for marriage equality, for example, is inching upward, and it might be because the issue has become more personal than before. 

According to this poll, the number of Americans who say someone close to them is gay stands at 60 percent.  Contrast that to 49 percent in 2010.  And during the 1990’s, CNN reports that the highest percentage of Americans having a gay family member or a close friend reached only 41 percent.   And that was a mere 14 years ago.  In that timeframe, that number rose from 41 to 60 percent, almost a 50 percent increase.

Gays and lesbians are coming out; it’s just that simple.  More are doing so at an earlier age than ever.  Added familiarity with gay people through culture or other means creates a safer environment to come out as do the increased protections against discrimination in employment and housing allow gays and lesbians to disclose their sexual orientation at work. (Note, there is still a long way to go in that regard and federal protections are still lacking.)

While there are too many instances whereby parents reject their children after they come out, those who are accepting have recognized that sexual orientation is not a choice or these families are not dominated by religious dogma.  Or maybe they simply love their kids as they are supposed to do!

All this may explain the fact that more people have close ties to a gay or lesbian person than before.  It should also explain why the positive numbers are rising since folks do not want to see the people close to them hurt by discrimination.

Still, there is so much work left to be accomplished.  We still have too many haters, and that’s an obstacle that will be difficult to overcome.  They should be remanded to the ever-shrinking minority of homophobes and Bible thumpers.

As Pride rolls in, there are certainly reasons to celebrate.  More people are coming out and are being more accepted for who they are.  And that translates into progress.

Pride began as a commemoration of the Stonewall uprising in New York when a rag-tag bunch of trans people, drag queens, street hustlers, and others marginalized by society in general and by gay folks in particular fought back after constant harassment.  Gay rights then were completely non-existent. 

Each year Pride parades and celebrations allow LGBT people to let it rip and be themselves. Sometimes this has impeded progress, but the world is getting used to it—or over it. 

The evolution from political rallies at Pride to a party atmosphere has been the subject of much commentary over the years.  We have plenty to celebrate to be sure.  But we should never forget how this all started in the first place.  And we cannot allow ourselves to forget the road to equality remains largely unpaved.

Let’s celebrate our accomplishments as a community and who we are as individuals, but let’s also rally the masses to join in on one of the most fundamental battles for equality this state has known.  If we do that we can achieve further success.

To do that, we need the entire community to get behind the effort to defeat the referendum in November.  Not everyone sees themselves as ever being married.  That’s OK.  But here’s the chance to show the world that the time for being treated like a second class citizen is over. 

That’s what real Pride is all about.  And why we should be out and proud.

Why We Cannot Leave the Game

In contemplating the future of the LGBT movement, Editor Dana LaRocca commented last issue: “I do not know what my New Year’s resolutions will be for Baltimore OUTloud. It will not be ‘all marriage, all the time.’ We will get that, and we will achieve gender identity rights. However, if newspapers like ours and organizations like Equality Maryland and the HRC are to have any legitimacy after those goals are achieved we will have to look at a larger picture or choose to leave the game.”

Yes, marriage equality and gender identity protections will come our way at some point. It is possible they can be accomplished as soon as 2012 or it can take a generation to achieve these worthy objectives. Who knows? But even if these goals are realized, there is plenty of unfinished business to justify the existence of LGBT organizations and periodicals.

For one thing, passing marriage equality in Maryland (and that’s assuming there’s a successful effort to thwart a voter referendum) is merely one step in a process. Unless DOMA is repealed or struck down by the Supreme Court, same-sex marriage will not reap the full benefits or portability of heterosexual marriage.

Gender identity anti-discrimination laws are a good thing, of course. Still, with such protections codified in Baltimore City, trans-folk are being harassed, physically attacked or murdered. Baltimore County does not have such protections on the books. But even if it did, do you think that would have prevented the impromptu rage-beating of Chrissy Lee Polis at a Rosedale McDonald’s? But laws are needed nonetheless.

There is plenty of hate still around. All you need to do is read the message boards on any news item that is related to our community. The anti-gay vitriol is intense and widespread coming from all over the U.S. and it is even seeping into the presidential race.

A candidate for the presidency of the U.S. from a major political party, Rick Perry, appears in a campaign video decrying the repeal of ‘Don’t Ask, Don’t Tell.’ “There’s something wrong with this country when gays can serve openly in the military,” Perry says as he ambles through the rural woods. This is a popular sentiment among the candidates within the Republican Party and among the party faithful as well—at least with the “social conservatives” (read: bigots).

A gay soldier who put his ass on the line in Iraq is booed by audience members when he discloses his sexual orientation in a question at a Republican debate. The candidates, yappy otherwise, were mute. No one on the stage or even the moderators called out the booing (and disrespect).

As Secretary Hillary Rodham Clinton so poignantly expressed during her recent U.N. speech in Geneva, “Many LGBT Americans have endured violence and harassment in their own lives, and for some, including many young people, bullying and exclusion are daily experiences. So we, like all nations, have more work to do to protect human rights at home.”

Indeed, if hatred, homophobia and transphobia were non-factors, it would be much easier to implement zero-tolerance anti-bullying measures in our nation’s schools. There is still considerable resistance, and it stems from this bigotry.

The anti-gay messages spewed by government leaders and other sources foster the hate and intolerance that is still pervasive in our country. It legitimizes discrimination, if not outright violence, when jerks hear these epithets.

And that doesn’t include all the religious zealotry that dominates the conversations. Cherry-picked verses in Scripture have always been used to justify discrimination and intolerance since the Bible was ever “published.” But similar verses are ignored when they become inconvenient. How about parents stoning their children to death when they are disrespectful? That doesn’t count, I suppose, but it’s in there.

This anti-gay, anti-trans rhetoric makes it possible for all kinds of discrimination. For example, Americans can be fired in 29 states on the basis of their sexual orientation and in 34 states on the basis of their gender identity.

“Progress comes from changes in laws,” Secretary Clinton continued in her speech. “In many places, including my own country, legal protections have preceded, not followed, broader recognition of rights. Laws have a teaching effect. Laws that discriminate validate other kinds of discrimination. Laws that require equal protections reinforce the moral imperative of equality. And practically speaking, it is often the case that laws must change before fears about change dissipate.”

But for laws to change there must be progress in educating the uneducated on these matters, especially lawmakers. It’s a long road but one we must continue to travel.

There will be a lot of work ahead of us beyond the attainment of marriage equality and gender identity protections in Maryland. Other key legislation, such as the federal Employment Non-Discrimination Act (ENDA) must be enacted. The same goes for immigration equality. Firm anti-bullying measures in the nation’s schools must also be put in place.

To repeat Secretary Clinton’s call for action, “we…have more work to do to protect human rights at home.” As such, LGBT organizations and newspapers will continue to be rather busy at least until the needed laws are enacted and the rants on message boards and political ads are reduced to the irrelevancy they deserve.

To do so, we cannot leave the game.

Halloween or the Nov. 2 Elections—Which is Scarier?

Sharron Angle, one of the darlings of the tea party movement and who is running as the Republican challenger against Democratic Senator Harry Reid in Nevada, has professed some interesting ideas. And as we approach Halloween and the general election a couple of days afterwards, these are scary ideas.

Angle, according to the AP, deemed "a BP fund of oil spill victims a 'slush fund;' suggesting tea party followers will resort to 'Second Amendment remedies' if Washington is not reformed; concluding that unemployment benefits have 'spoiled our citizenry;' and blasting Democrats for pushing public benefits to 'make government our God.'”

She has advocated the end of Social Security although her views have "moderated" to simply "transitioning out" Social Security, because her campaign has been subject to greater scrutiny.

Angle opposes abortion in all circumstances, including rape and incest. She is virulently anti-immigration, and clearly opposes most of the key LGBT issues, such as repeal of Don't Ask, Don't Tell (though she doesn't understand the process in the Congress) and same-sex marriage.

Even possessing what one would ordinarily characterize as an extreme right-wing ideology, Angle is actually ahead in the polls against the Senate Majority leader. She has a good chance of winning.

And so do other like-minded tea party-backed candidates for Congress—all Republicans. In some places they will surely lose. In others they will certainly win. The New York Times argued that regardless of the outcome of the November 2 elections, the tea party movement will enjoy broad influence in the Republican Party that will pull it further to the right as a result of the inevitable battle of ideology wages on.

This is profoundly scarier than any Halloween—especially if you are part of the LGBT community or an ally.

The GOP, for reasons that continue to escape me, is poised to regain control of the House of Representatives and even worse but less likely, the U.S. Senate. They want to make this election about President Obama; after all he stopped a sure depression, saved a million jobs that would have been lost had he not pushed for a bailout of major automobile manufacturing companies, and restructured health care that has been pronounced by independent economists as deficit neutral.

Until his refusal to use his authority to finally crush the nefarious Don't Ask, Don't Tell policy when a California judge opened that door, I had been a big supporter of the President. But his presidency—at least his first term—was doomed from the start when radio blowhard Rush Limbaugh emerged from his addiction problems to pray that the President and his policies should fail. This lends new meaning to the word patriotism from a man who had prides himself as a patriot.

When the Republican opposition had been relatively quiet at the outset of Obama's term, Rush gave them voice. They lined up behind this jackass and found their footing. The "birthers" re-emerged. You know, they are the ones who still feel Hawaii is a foreign country and the President is not a U.S. citizen. Then he has been accused of being a Muslim, forgetting their own demagoguery during the 2008 campaign against Obama's association with the Christian preacher, Reverend Jeremiah Wright.

This is what we are facing if the predictions of November 2 come true. A country that will be led in part by the likes of Queen of the Tea Party, Sarah Palin (at least through her own brand of demagoguery), Michelle Bachman, and perhaps Sharron Angle, Rand Paul and others of their ilk.

Say good-bye to the repeal of DADT. Despite Sen. Mitch McConnell's supposed willingness to allow the vote to once again take place following the elections, don't bet on a favorable outcome. Not if the sore-loser-in-chief Sen. John McCain has his way. The continued reckless discrimination against gay and lesbian service members will continue unabated despite 70 percent of the country and all of the top military brass favoring repeal.

Say good-bye to the Employment Non-Discrimination Act or ENDA, which had its best chance in the first term of President Obama, but that window shut in a hurry. The 30-year attempt to end discrimination in the workplace will continue to languish.

And for sure, say good-bye to any opportunity for repealing the Federal Defense of Marriage Act or DOMA. It really didn't have much of a chance to begin with but at least a dialogue and perhaps hearings may have started during Obama's second term (if there is to be one) and Democrats somehow remain in the majority.

Locally, we have squandered the past four years with a liberal Democratic governor and a huge majority of Democrats in the legislature. No same-sex marriage bill ever saw the light of day outside a committee. No transgender or gender identity protection bill was allowed to head to the floor for a debate and vote.

The upcoming election will unlikely result in any significant shift in the legislature, but the fight for governor is still up in the air with turnout in a two-to-one Democratic advantage in the state to be the key factor. Should Mr. Ehrlich prevail, the next four years will go as the previous eight—no tangible progress, no matter how many legislators sign their name to a pro-LGBT bill.

Yes, Halloween, especially for children could be scary yet fun. Whatever frightening costumes, pranks and tricks that are a part of the tradition will only last a day or night.

But with the upcoming election, the results could prove even scarier, the pranks are on us, and they will last for years to come.

www.SteveCharing.blogspot.com.

Window Closing Fast

Changing political climate does not bode well for LGBT progress.

By Steve Charing

Back in March 2009 when President Obama's approval rating was still gaudy, I wrote that we had a window of opportunity to secure key legislative LGBT victories. ENDA, the repeal of "Don't Ask, Don't Tell," repeal of DOMA and the passage of a comprehensive hate crimes bill (recently enacted) all seemed within grasp.

The President's popularity, his campaign promises, and a more lgbt-friendly Democratic-controlled Congress created the formula for potentially historic victories in the lgbt arena. The time was right.

I also opined that we needed to seize this window of opportunity now because things can change in a hurry. In March I wrote:

"If history has taught us anything, nothing lasts forever. Mr. Obama could stumble as the economy tumbles more. He could be accused of allowing “bonus-gate” to erode an already low trajectory for consumer confidence. There could be an international crisis—somewhere, anywhere. Patience could easily wear thin. .. Anything can happen that could derail this presidency."

And so it did.

Much of the country now seems angry at President Obama and his policies. They rail against a 10% unemployment rate because he couldn't wave a magic wand to instantly fix the bleeding economy he had inherited from 8 years of Bush-Cheney. He was stuck with 2 wars, a healthcare crisis that needed mending, and giant corporations and financial institutions about to go under that would have led to a worldwide depression had there not been government intervention. In fact, had such calamities taken place, we'd be at 40% unemployment or worse.

Nonetheless, people are angry and fed up. This was evidenced in the Massachusetts debacle. The anti-incumbent fears are growing—nationally and locally—which is likely to result in a slaughter for Democrats in November unless there are dramatic improvements.

While Democrats in Congress (and the President) have been slow to act on LGBT initiatives due to other priorities, such as the economy, healthcare and national security, imagine the prospects of success with the GOP either in control or in a position to squash any progressive legislation. The Republicans win on "Gays, God and Guns."

Yes, the window is closing real fast—nationally and locally.

In Annapolis, the anti-incumbent environment will indeed affect how lawmakers react during the current General Assembly; therefore, the prospects for LGBT successes are just as dim. There is absolutely no chance whatsoever that the Religious Freedom and Civil Marriage Protection Act will be passed in this session even if brought to a vote.

This bill, as is the case of the measure that would offer protections based on gender expression and identity, has been tied up in the Senate Judicial Proceedings Committee the past few years because Senate President Thomas V. "Mike" Miller wants to maintain, if possible, a super majority of Democrats and is loathe to bring additional controversial measures to the floor.

Moreover, lawmakers who are squeamish about marriage equality are emboldened by the actions of their counterparts in New York and New Jersey, not to mention the voters in Maine that prevented same-sex marriage from becoming a reality. They will not stick their necks out on this hot button issue. Not this year. They have enough on their plates as they grapple with the state's severe budget deficit and the political posturing that accompanies such debate.

Same-sex marriage is not an issue that will see the light of day, despite the best efforts of activists. It's simply a casualty of the political reality on the ground.

In November all delegates and senators are up for re-election, as is the governor. There could be major changes in the composition of each chamber, and there is a possibility that Robert L. Ehrlich, Jr. (or his wife Kendal) could move back into the mansion. Who would have thought that after 2006? There is an angry electorate, so anything is possible.

That doesn't mean we should give up. Far from it. We still have a chance, albeit a slight one, to make progress in 2010. But that window is closing fast in Washington as well as in Annapolis.

www.stevecharing.blogspot.com

The Rainbow Glass is Half Full

What a vein-popping summer! Such anger, such hatred. This vitriol is mainly centered on the tug-of-war battle concerning health-care reform. Other interest groups are still angry and frustrated because their priorities haven’t been acted upon in the first 8 months of this administration. LGBT activists, immigration reform folks and environmentalists all have gripes with this administration and Congress.

It’s not a happy time with a slow economy and joblessness serving as the backdrop. And health-care proposals—fact and fiction—are keeping the dialogue hot.

We hear the contradictory epithets of "Nazi!" "Fascist!" "Radical!" "Socialist!" "Communist!" and "Terrorist!" Many nasty signs have been hoisted and yes, some messages were racist—all being ascribed to President Obama. Some have even taken to calling Obama "homophobe." It makes me long for the days when "Liberal" was considered to be a dirty slur, the former ultimate insult aside from "faggot."

Everyone is in a sour mood it seems, including me because of the idiots dominating the debate. But I was uplifted when I recently saw the images of Ellen DeGeneres interviewing her guest Neil Patrick Harris on her show.

It was a needed burst of fresh air for sure and a calming influence. Two out gay people on national television, comfortable in their own skin and wildly successful both in their personal lives and professionally. They have reached the heights in their respective careers and have broad appeal across most demographic groups.

And add the fact that Ellen has been named as a judge on American Idol—the highest rated show on TV—and Harris was handed the high-profile hosting job at the Emmys, following his splendid performance emceeing the Tony Award extravaganza this spring. Wow!

I reflected upon the progress that we are making when you see these two gay stars on the set together during a popular TV show. This would not have been possible 40, 30 or even 20 years ago. Is this symbolic of our finally turning the corner and on the path towards equality? We’ll find out, won’t we?

Gay activists, impatient with the workings of government and the political sludge that gums up the gears of progress, will be taking to the streets at the National Equality March on Washington October 10-11. Using Obama’s campaign pledges and the current lack of substantive results as the fuel, the marchers and demonstrators will be calling for several main initiatives that are at the top of the must-have list.

Among them is the Matthew Sheppard Hate Crimes bill. Introduced once again, the bill has passed both houses in Congress and is awaiting a conference committee to iron out the details. This should pass this year and the President will sign it.

The Employee Non-Discrimination Act or ENDA was also introduced in the 111th Congress by Representatives Barney Frank (D-MA) and Ileana Ros-Lehtinen (R-FL) in the House with 117 original co-sponsors. The bill was introduced in the Senate by Sens. Jeff Merkley (D-OR) and Susan Collins (R-ME). Again, the President will sign the bill if it reaches his desk.

A bill to repeal the Defense of Marriage Act or DOMA was just introduced in the House of Representatives by Reps. Jerrold Nadler (D-NY), Tammy Baldwin (D-WI) and Jared Polis (D-CO). Again, despite the administration’s all-too-vigorous defense of DOMA during litigation, Obama had campaigned to repeal the entire law.

This measure will have to navigate through tricky terrain, however, as legislators can and will be politically attacked for supporting the weakening of the institution of marriage as well as the other canards to be expected during the debate.

Frankly, I am surprised this bill was introduced this soon. It could very well be as a result of the anger that LGBT activists have levied towards the Obama administration and the Democrat-controlled Congress for scant progress.

As reported in the Washington Blade, Rep. Patrick Murphy (D-PA) expects that House hearings on the "Don’t Ask, Don’t Tell" policy will begin early next year. On the Senate side, Sen. Kirsten Gillibrand (D-NY), announced plans this summer for a fall hearing, according to the Blade. Rep. Barney Frank predicts that Congress will repeal the law in 2010.

These are all promising signs. Nonetheless, we must be cautious about our optimism because ENDA, for example, has been languishing in Congress for three decades. We need all of us to keep the pressure on Congress and the President to act swiftly on these measures. We must not let up.

But the prospects are certainly brighter today. Public opinion is on our side on all of these initiatives and that helps our elected officials who are not dominated by right-wing dogma to make the right decisions.

We have a President, who despite the misplaced anger by some of our lgbt friends, will do right by us. We have openly gay celebrities not just taking up our cause but maintaining high visibility without threatened boycotts and other anti-gay backlash.

At this point in time, I say our rainbow glass is half full, and filling up more day by day, albeit slowly.

http://www.stevecharing.blogspot.com/.

Anger Management: We Could All Use It

By Steve Charing

The summer of discontent is about to fade away soon. At least the summer part will. This has been one of the stormiest, hottest, turbulent summers in memory, and I’m not referring to the weather. Everybody is pissed off at well, seemingly everybody.

Vitriolic town hall meetings around the country concerning health-care reform have dominated the news. Politicians are angry with each other. LGBT folks, environmentalists and immigration advocates are enraged at President Obama for not acting on issues of importance to these groups at a faster pace.

LGBT activists are incensed at former President Bill Clinton for his role in the nefarious "Don’t Ask, Don’t Tell" and the Defense of Marriage Act or DOMA. Clinton, in turn, is angry at gays for not helping him gain support in Congress to ward off DADT.

There also remains an unyielding rage towards the slow economy and bailouts used to revive it. Arguments are breaking out at the office water cooler. The terms "Socialist" and "Hitler" are being thrown around indiscriminately. Heck, Philadelphia Eagles fans are outraged over the signing of dog-abusing, ex-felon Michael Vick. But then again, those fans are perennially grumpy.

What’s going on here?

Clearly, health-care reform and its concomitant protests have taken over the spotlight in recent weeks. But it appears that these scenes of rage are not so much about the specifics contained in the proposed legislation in which several components have been fabricated for political purposes. (I wonder how many protesters truly understand the details.)

A lot of the wrath is fueled and organized by a small noisy minority who are cranky because they are out of power and that the country is run by an African-American who is decidedly smarter than them. They’re opposed to Obama at every turn, regardless of what he tries to achieve.

These are the same groups who idolize the numbskull Sarah Palin and believes her rubbish about "death panels." Some have even taken to carrying weapons to the aforementioned town halls.

Speaking of madness and Palin, recall on the campaign trail when she whipped her minions up in a frenzy to the point when some shouted out "terrorist" and "kill him" referring to Obama. And to her utter disgrace, Palin said absolutely nothing to tamp down the hateful rhetoric.

And then you add to the stew the nutcases of Rush Limbaugh, Glenn Beck and Lou Dobbs and it’s easy to see why there is so much stewing.

Even ex-presidents aren’t immune from the surly atmosphere. During a Netroots Nation gathering in Pittsburgh last month, an angry LGBT activist identified as Lane Hudson interrupted the principal speaker Bill Clinton with a condemnation of his role in DADT and DOMA.

Wagging that famous finger, Clinton replied with a shaky voice, ''You want to talk about Don't Ask, Don't Tell? I'll tell you exactly what happened. You couldn't delivery me any support in the Congress! And they voted by a veto-proof majority in both houses against my attempt to let gays serve in the military…And all -- most of you did was to attack me instead of getting me some support in the Congress. Now, that's the truth!''

Something could be said for the fact that gays did not mobilize support in Congress back in 1993, though it would have probably been futile then. But the President did not have any standing with the military based on the perception that he dodged the draft during the Vietnam War. That alone would have iced his executive order.

He was also a new president who eked out a victory during a three-man race and won with a minority of votes cast, so his legitimacy in the minds of many was never fully established.

With no cache of political capital to spend on this issue, the military brass led by Colin Powell, forced Clinton to retreat. And Senator Sam Nunn led the congressional opposition, so the best Clinton could do was the so-called compromise of "Don’t Ask, Don’t Tell." Sixteen years after that debacle, the anger remains and is still palpable—in both directions.

The problem with all this finger pointing and irascibility is that thoughtful, reasoned ideas get drowned out by the noise. We saw the boisterous hubbub in Towson where Rep. Ben Cardin held a town hall. The country, already divided by the policies of the Bush presidency, is rupturing again after a brief feel-good respite between November’s election and the inauguration.

The anger by LGBT activists over the president’s perceived slowness in taking on our issues, I believe, is unreasonable given his right as president to establish his own set of priorities and schedule for his administration. Plus his term still has well over three years remaining, which allows time for action on his part. But at least the exasperation got his attention and demonstrates that we are not asleep at the switch like we were back in 1993.

Sometimes expressing disdain concerning policy or even towards policy-makers is healthy and in a democracy it is part of our fabric. But the heated furor as exhibited during this searing summer can be a bit much, and we should all take a deep breath and cool off some.

Temperature Control

Keeping the heat on President Obama is right, but let’s be realistic.

By Steve Charing

Towards the end of the Pride festival a young lady asked me, "When will Obama give us our rights?" as if he can wave a magic wand.

The next day in an uncharacteristically testy e-mail blast, Equality Maryland called on its supporters to "Give President Obama a Piece of Your Mind."

Recently a well-publicized partial boycott by LGBT donors of a Democratic National Committee fundraiser was in response to the Department of Justice’s over-the-top legal brief in defending the Defense of Marriage Act as well as inaction on securing other aspects of the LGBT agenda.

And the Servicemembers Legal Defense Network staged a demonstration in front of the White House to bemoan the lack of progress to repeal "Don’t Ask, Don’t Tell." Other protest marches in D.C. are planned for the fall.

What is going on here is a series of sporadic outbursts of frustration by many lgbt activists who resent the DOJ brief’s language and the slow pace in which campaign promises are being addressed.

Beleaguered President
LGBT activists are not the only ones turning the heat up on President Obama. He is also being criticized by Hispanics over the lack of comprehensive immigration reform. Environmentalists are on his case for not acting swiftly on global warming. Mr. Obama is hearing it from Republicans who oppose everything he is trying to do to lift the economy out of oblivion after they largely put it there.

He’s feeling pressure from the left, the right, the center, the media—just about everyone. He’s too timid on Iran. He’s driving the deficit up. His healthcare plan will doom the nation. He’s too pro-Israel. He’s too pro-Palestine. And North Korea has its sights set on Waikiki Beach. It seems like it’s time for him to get another dog.

This barrage of criticism and demands resembles a national dunking machine where Obama sits on the platform and the whole country is hurling balls at the metal circular plate.

From our perspective, President Obama clearly could have imposed a moratorium on DADT discharges while Congress sorts it out. And while I doubt he personally approved the language in the DOJ brief, he is still responsible for it, and it counters his pledge to repeal it through legislation. Are these outbursts, however, the right strategy?

The political realities
Of course, we want our agenda pushed through. We have a Democratic president with a huge Democratic majority in Congress—a window of opportunity that will not remain open forever despite the GOP’s foibles. But let’s get real.

President Obama has been in office just over 5 months out of 48 months in his first term. He potentially could reach 96 months if re-elected. In the short time since inauguration he has dealt with problems that would make any other person find an escape clause in the contract. His issues are too numerous to delineate here, but I’m sure there is no question as to the challenges facing our country. Imagine McCain and Palin grappling with these crises.

Mr. Obama didn’t win the election based on a gay agenda. He won on "change" and to put Democratic policies in place and eradicate the previous administration’s mistakes. He won on ending the war in Iraq and implementing some form of universal healthcare. And he won by being the anti-Bush.

He amassed 365 electoral votes. Even if Mr. Obama did not receive a single lgbt vote (and 30% of lgbt folks did not vote for him anyway), he still would have won. That’s right, as a bloc, and I use that term loosely, we didn’t win the election for him.

But that doesn’t mean he will renege on his campaign promises to us. The key components of our legislative agenda must originate in Congress. It is that body that needs to act on an all-inclusive ENDA, to repeal of DADT and to pass the Matthew Sheppard Act while we still have this large majority.

Alas, the repeal of DOMA appears to be years away from passage. It’s not politically realistic that sitting Representatives will want to enter their next electoral campaign with their opponents harping on the fact that the incumbent is opposed to preserving the institution of marriage.

But we need to start educating them and it would be easier to succeed on this front if we can achieve victories in the other important issues first. Once we achieve equality in one area, it is harder justify discrimination in other areas.

As much as the bully pulpit is useful for a popular president to help frame the agenda and kick-start the process, Mr. Obama will not sacrifice any political capital on these matters—yet—until HIS priorities are realized. Congress, however, must act now.

What needs to be done
Barney Frank, one of only three openly gay Representatives, believes that too much blame is being placed on President Obama and not enough significance is being attached to lobbying members of Congress. "It’s not that Obama doesn’t want to do it, but you need the votes," Frank said. "You can’t complain about the president until you’ve called your senator."

It doesn’t matter if President Obama is on our side if Congress won’t play ball. A grassroots effort is needed to persuade members of Congress—district by district.

Maintain the pressure on the president to make sure he understands we’re not going away. Let’s try to persuade him to deliver a speech along the lines of his race speech in Philadelphia and the recent speech in Cairo whereby he reached out to Muslims. Here he could denounce discrimination against lgbt people and to reiterate his desire to be a "fierce advocate for equality."

If we become extreme, any reactive moves on his part would be seen as appeasing a segment of his base. And keep in mind there is a significant number within his base who opposes transgender rights and marriage equality.

At the partially-boycotted DNC fundraiser Vice-President Joe Biden told the lgbt crowd, "I want to thank you for being a critical – critical – voice for keeping the nation focused on the unfinished business of true equality for all of our people; and I know, and this administration knows, that we have so much more to do. I promise you, I promise you, with your help we’ll get there in this administration."

The window is 48 or even 96 months, not 5. Remember that.