"Legalize Gay"

by: Jay Stevens

Tue Oct 13, 2009 at 09:17:51 AM MST

Among other issues, civil rights' supporters demanded an to the Don't Ask, Don't Tell policy that disallows gays to serve openly in the US military; the overturning of the Clinton-era Defense of Marriage Act, which prohibits the federal government from extending federal benefits to the same-sex spouses of federal employees; the inclusion of sexual orientation in the federal definition of hate crime; and an end to many states' - including Montana's -- legal discrimination against gays seeking housing or employment. In many instances, gay partners have no spousal rights over medical decisions, children, or financial matters.

Of course, there's also the issue of marriage.

As Pete Shea recently wrote, this institutionally accepted discrimination against gays and lesbians has real and dramatic consequences to human lives:

Even though approximately 10 percent of our population may identify themselves as LGBT (lesbian, gay, bisexual or transgender), they are invisible in our society in many ways. Many remain "in the closet" for life in an effort to hide. In our military, we can't ask and we can't tell. Where this invisibility is most damaging is in our own homes, where our children are coming to terms with their own sexual identities - alone and terrified. All too often they can't tell their parents and family because the reality of rejection is still too common.

Schools are places of bullying and terrorism, not just for teens who identify publicly as LGBT, but also for those whom others perceive to be gay because of some physical or personality trait. Homosexuality is still a topic that we dare not discuss openly, so we hide the topic and we hide those who are "it." Is it surprising that the suicide rate for gay teens is three or four times greater than for teens who don't have to struggle with sexual identity issues?

It's simple, isn't it? Gays simply want the right to pursue life, to choose the way in which they form their bonds of love and friendship, and to do so without facing government-approved institutional discrimination from employers, teachers, landlords, and bureaucrats. And by standing by, those of us who are straight are essentially approving of the state's involvement, not just in the affairs of gays, but in our lives, because in where we allow our government to discriminate against one group lies the potential for discrimination against others, perhaps even ourselves, and for equally arbitrary reasons.

On Sunday, before the National Equality March in DC, Obama spoke to the Human Rights Campaign, and reiterated his support for gay rights, pledging specifically to end Don't-Ask-Don't-Tell:

"I will end 'don't ask-don't tell,'" Obama said Saturday night to a standing ovation from the crowd of about 3,000 at the annual dinner of the Human Rights Campaign, a gay civil rights advocacy group. He offered no timetable or specifics and he acknowledged some may be growing impatient.

"I appreciate that many of you don't believe progress has come fast enough," Obama said. "Do not doubt the direction we are heading and the destination we will reach."

Of course, as the Washington Post today pointed out, the President isn't the only one responsible for the foot-dragging on gay rights:

Overturning "don't ask, don't tell" and DOMA require legislation. House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Harry M. Reid (D-Nev.) have been content to sit on the sidelines while Mr. Obama takes the hits. This can't continue. Ms. Pelosi and Mr. Reid must exert the necessary leadership in their respective chambers to pass bills the president has promised to sign. Until then, they deserve as much criticism and blame as Mr. Obama for impeding the long march to equality.

To be fair to the Congress and the President, the House did last week pass a bill that would expand "hate crimes law to make it a federal crime to assault people because of their sexual orientation." And in the wake of the buzz surrounding this weekend's march, the White House has begun discussions with the Senate on strategies as to how best to repeal Don't-Ask-Don't-Tell.

Still, Don't-Ask-Don't-Tell is something the President can address now. Dan Savage:

But while the president can't extend federal recognition to married same-sex couples or ban workplace discrimination against gays and lesbians by fiat, he can do something about DADT. As commander-in-chief he has the authority to halt enforcement of DADT. Seventy-six members of Congress asked him to do back in June.

Putting an end to DADT once and for all does require a legislative act. True. But suspending its enforcement would put pressure on Congress to do get off its butt and pass that legislation.

After watching this summer's Teabagger protests with mounting disgust - not so much at the racism, Red-baiting, and uncivil disruptions, but with the craven response of Washington lawmakers to the demonstrations by backing off of reform - the comparative lack of attention paid to this weekend's rally by the media, which was roughly twice as large as the 9/12 demonstrations, was dismaying and shameful. After all, Sunday's protesters weren't trying to sabotage essential reform - and endangering the lives of thousands - they were out rallying for their own rights that have arbitrarily denied them, and the extension of which would affect only themselves, and positively.

It's almost as if the media and DC policymakers are seeking to test whether what Jefferson wrote was true, that "the truth is great and will prevail if left to herself."

But you and I can give truth a little boost. Soon, in Maine, voters will head to the polls to vote on their newly enacted same-sex marriage legislation. Proponents of love and marriage are working hard there to ensure that the law stands. You can help by donating to the "No on 1" campaign via ActBlue.

Closer to home, of course, is the fact that Montana allows employers and landlords to discriminate against employees and tenants based on sexual orientation. And, as Mike Wessler recently commented, that's probably the next issue to tackle under the Big Sky:

While marriage equality is obviously a great goal and something I support 100%, I feel like tackling these housing and employment issues are possibly more of a pressing issue. Being denied housing or employment because you are gay/lesbian/trans can be devastating, especially for those living in small communities where housing and jobs are harder to come by.