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Overview of Prior Legislative Agenda for REPACKAGING in 112th Congress

Hello Congress & Movement:

I’ve done a quick review and summary of bills filed last Congress on issues remaining. Most of what we need for “full equality” is being filed.

The big holes are:
A. non-discrimination in all federally funded programs, (though we’ve already tackled health, adoption/foster care, and schools), and
B. ending state marriage discrimination by federal statute.

What this shows to me is that the main task before us (as we refile everything in the new Congress) is that of coordination among the various members filing legislation, and some strategic packaging. Of course, duplicate individual bills could still be filed where desired.

The natural groupings are indicated below. Already our bills go to many different committees, so we’re scattered like the wind. What we don’t benefit from is the possible synergies, particularly of grouping the discrimination bills.

Using the word “Civil Rights Act” seems to make people nervous, though we are already seeking non-discrimination in many of the various laws covered under that general rubric, which really refers to the broad array of federal non-discrimination laws already applicable to “race, color, sex, national origin, religion, disability, marital status” (to varying degrees depending on the law).

I hope the filers of these bills will work together so at a minimum there is organization and coordination to our legislative effort. The AEB offers a good template, but more work needs to be done to reconcile and cover these various bills, particularly for enforcement features and new programs.

Please let me know of any corrections.

Tks, Tif

I. ENDING DISCRIMINATION

1. Employment Non-Discrimination Act (ENDA) in the House/Senate (Rep. Barney FRANK, D-MA; Sen. Jeff MERKLEY, D-OR) (Outlaws discrimination on SO+GI by govt & private employees, like Title VII of CRA and Gov’t Employees Rights Act do for other group-traits). (4 committees) (1994)

2. Freedom from Discrimination in Credit Act in House (Rep. Steve ISREAL, D-NY2, Frank, Baldwin, Polis) (adds SO+GI to Equal Credit Opport. Act)

3. Fair and Inclusive Housing Rights Act in House (Rep. NADLER, D-NY8, no GL Reps?) (adds SO+GI to Fair Housing Act, Title VIII of CRA)

4. Student Non-Discrimination Act in House/Senate (Rep. Jarrod POLIS, D- CO, Frank, Baldwin, Nadler) (end discrimination/harrassment based on SO/GI via federal programs (CRA, Title VI) hook; whistle blower; enforcement provisions; private right of action.

5. Equal Rights for Healthcare Act in House (Rep. Laura RICHARDSON, D-CA37) (prohbits discrim in fed. health care services/research programs on basis of ‘sex, race, color, nat.origin, so, gi, or disability’)(This may duplicate already existing protections for some traits).

6. Ending LGBT Health Disparities Act in House (Rep. Tammy BALDWIN, D-WI12) (10 committees) (pre-existing conditions; fed. Employee DP; Medicaid for HIV; spouse for Medicare; nondis for SO/GI in Medicaid/care, CHIP; grants for SO/GI studies and projects to improve health & mental health for so/gi minorities; ‘culturally competent’ care provisions; office of LGBT health; anti-violence programs/studies; teen pregnancy/stds grants; children of same-sex partners insurance benefits; veterans benefits and DOD programs.) (MOST probably covered by Title VI, CRA; except new programs)

Missing:
-Federally Funded Programs (CRA, Title VI) (except adoption/foster care; health, schools) (BIG pieces remain)
-Public Accommodations (CRA, Title II) (an issue critical to Trans)
-Public Facilities (CRA, Title III)
-Trans issues in American w/Disability Act (though probably impacted via health care bills) (no reason for controversy)

II. FAMILY RECOGNITION
7. Respect for Marriage Act (DOMA Repeal) in House (Rep. Jerrold NADLER, D-NY8) (repeals DOMA, recognizes valid state marriages)

8. Uniting American Families Act (UAFA) in the House/Senate (Rep. Jerrold NADLER, D-NY8; Sen. Patrick LEAHY, D-VT) (provides domestic partnership equivalent for spousal immigration process)

Missing:
Ending State Discrimination in Marriage (44 state laws against us)

III. RELATIONSHIP-EMPLOYMENT BENEFITS

9. Family Medical Leave Inclusion Act in House (Rep. Carolyn MALONEY, D-NY14) (creates Domestic Partner equivalent provisions)

10. Domestic Partnership Benefits and Obligations (DPBO) Act in the House/Senate (Rep. Tammy BALDWIN, D-WI2; Sen. Joseph LIEBERMAN, I-CT) (adds annuity/pension benefits for all gov’t employees, except armed services, but including DOD, Coast Guard) (Committee: Homeland Security)

11. Tax Equity for Health Plan Beneficiaries in House/Senate (Rep. James McDERMOTT, D-WA7; Sen. Charles SCHUMER, D-NY) (makes health insurance contributions for any ‘eligible beneficiary’ deductable).

IV. CHILD WELFARE (ADOPTION,/FOSTER; BULLYING; SEX ED)(beyond lgbt)

12. Every Child Deserves a Family (ECDF) Act in the House (Rep. Fortney STARK, D-CA13) (ends discrimination in federally funded adoption/foster care, based on SO+GI, marital status).

13. Safe Schools Improvement Act in House (Rep. Linda SANCHEZ, D-CA, Frank, Baldwin)(adds to definition of “violence”: bullying and harassment based on ‘race, color, nat. org, sex, SO/GI, disability” to the Safe & Drug Free Schools & Community Act; complaint procedures; evaluations.)(duplicates to some extent the SNDA)

14. Responsible Education About Life (REAL) Act in House (Rep. Barbara LEE, D-CA9; Sen. Frank LAUTENBERG, D-NJ) (sex education/HIV/STDs program, study, includes nondis SO+GI)

V. HEALTH CARE HIV DRUG PROVISION (not lgbt specific)

15. Early Treatment for HIV Act (ETHA) in House/Senate (Rep. Eliot ENGLE, D-NY17; Sen. Charles SCHUMER, D-NY) (committee: Energy/sub-Health) (insuring HIV antiviral treatment under Social Security).

PASSED 111th Congress: Hate Crimes;  DADT (repeal) (Yahoo)

-Sodomy decriminalized by Supreme Court (June 2003)

-NO FEDERAL LAW outlawing SO&GI discrimination

CURRENT STATE LAW PATCH WORK

-29 states with NO employment anti-discrimination laws for SO

-38 states with NO employment anti-discrimination laws for GI

-30 states with NO housing protections for SO&GI

-35 states with NO anti-bullying protections for SO&GI

-44 states have laws or Constitutional amendments against same-sex marriage


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