Equality

On October 28, 2009, President Obama signed the “Matthew Shepard Act” which expands existing federal hate crimes law to include sexual orientation, gender identity, and disabilities.  This bill was first introduced in 1997 and finally made it to the President’s desk 12 years later.  The 14th Amendment to the United States Constitution states clearly that all people are entitled to EQUAL protection under the law.  But the reality is that many inequalities still exist.  For example, did you know that a police officer on the east coast was fired after it was discovered he was gay?  He was fired for “leading an alternative lifestyle” in a state where there is no employment protection based on sexual orientation.

The Issues

Don’t Ask, Don’t Tell (DADT) – This policy exists officially to exclude openly gay and lesbian people from serving in the military.  The idea is that as long as you don’t talk about being gay or no one finds out that you are gay, you can lay your life on the line for this country along with your straight counterparts.  Supporters of DADT claim that homosexuals disrupt the effectiveness of military units.  Gay and lesbian people have always been members of the military and we’ve done pretty well.  This discriminatory policy was finally ended for good on September 20, 2011.

But DADT does still exist unofficially in most law enforcement agencies in this country.  At least in the states with employment protection, a department cannot fire someone for the state reason of “leads an alternative lifestyle,” but the culture of most law enforcement agencies is such that it is still very challenging if not impossible to come out and be treated equally.  For police officers, DADT promotes dishonesty for the sake of career survival.  It causes officers to lie about who they are and about their lives.  Dishonesty in any form is devastating for any individual officer and the profession in general.

Employment Discrimination (ENDA) – Employment protection is related to DODT in that no one should be precluded from pursuing the career of their choice based on their sexual orientation.  The identity groups protected by state employment laws vary.  Some states are very inclusive, while others are not.  The reality is that as a successful police officer, you can still be fired for simply being gay or lesbian.  Gender expression and gender identity is an emerging issue in employment protection.  Imagine being trapped in the wrong body and faced with making a decision about who you are and the career you love.

The Defense Of Marriage Act (DOMA) – The First Amendment to the United States Constitution protects the freedom of religion, to believe or not believe, and to practice whatever faith you wish.  State and federal laws defining and allowing a marriage have no connection whatsoever to religion.  There is, however, a direct connect between marriage and over 1100 state and federal laws (some with financial benefits) that are currently only available to male and female couples.  Same-sex couples are not able to access these rights and this creates a clear and obvious violation of the 14th Amendment.

If DOMA were eliminated and same-sex marriage was permitted in every state, under no circumstances would any church ever be required to perform a marriage for anyone.  The civil process of marriage does not require the religious confirmation of the marriage.  It boggles my mind about how committed religious organizations such as the Catholic Church and Mormon Church are about making sure gay and lesbian couples cannot marry.  They are investing hundreds of thousands of donated dollars to fight this political battle.  And for what?  Remember, eliminating DOMA is only the first step.  The federal government must begin recognizing same-sex marriage in away that provides all of the same tax and other related benefits to same-sex couples.

We’ve won the hate crimes battle.  Now, it’s time to move forward with eliminating DODT and DOMA and pass ENDA.  Everyone can do their part by paying attention to who you vote for.  The Senators and Congressional Representatives who you vote for are the ones who will be making decisions on these three pieces of equality.