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UPDATED: Grading the Congressional LGBT Equality Caucus in the 112th Congress

[Updated due to introduction of ENDA on April 6, 2011]

According to their website (http://lgbt.tammybaldwin.house.gov/): The Congressional LGBT Equality Caucus was established in the U.S. House of Representatives in June 2008 by Co-Chairs Tammy Baldwin (D-WI) and Barney Frank (D-MA), along with Members of Congress who are strongly committed to achieving the full enjoyment of human rights for LGBT people in the U.S. and around the world.”

The Caucus is now co-chaired by four openly gay members of Congress:  Tammy Baldwin, Barney Frank, Jared Polis (D-CO), and David Cicilline (D-RI).  In addition to the Co-Chairs, the membership is comprised of 19 Vice-Chairs and 73 Members, which totals to 96 members (Current website doesn’t reflect the resignation of Jane Harman (D-CA).

It is commonly understood amongst LGBT advocacy organizations and activists, that with the recent loss of Democrats in the House of Representatives during the 2012 election, the 112th Congress might be a challenging field to secure passage of any LGBT legislation. Given the current political environment, one would expect that the Equality Caucus formed with the mission to achieve equal rights for LGBT people would immediately and unequivocally support ALL pieces of LGBT friendly legislation introduced in this Congress.

However that isn’t what is happening.  Act on Principles is giving the following grades to the Equality Caucus on their support of LGBT friendly legislation introduced in the House of Representatives. Currently, there are five pieces of legislation in the House that impact LGBT equality.  Shockingly, the Equality Caucus receives a mediocre report card consisting of one A, two B’s and two F’s.bw_teacher_pupil_blackboard-300x204

HR 1397: Employment Non-Discrimination Act (introduced 4/6/11 by Barney Frank (D-MA))

B-

HR 116: Respect for Marriage Act (introduced 3/16/2011 by Jerrold Nadler (D-NY))

B

HR 998: Student Non-Discrimination Act of 2011(introduced 3/10/2011 by Jared Polis (D-WI))

A-

HR 1028: Equal Access to COBRA Act of 2011 (introduced 3/10/2011 by Anthony Weiner (D-NY))

F

HR 1048: Tyler Clementi Higher Education Anti-Harassment Act of 2011 (introduced 3/11/2011 by Rush Holt (D-NJ))

F-

Before going into too much details on each of the bills, the three members of the Congressional LGBT Equality Caucus that are supporting ALL FIVE pieces of LGBT legislation introduced should be commended.  These Members of Congress received a 100% score on their co-sponsorship efforts, unfortunately they account for only 3% of the entire Equality Caucus (3 out of 96 members):

  • Michael Honda (D-CA) – Caucus Vice-Chair
  • Rush Holt (D-NJ) -Caucus Member
  • Steven Rothman (D-NJ) – Caucus Member

Conversely, the three members of the Congressional LGBT Equality Caucus that are supporting zero pieces of legislation should be also noted. These Members of Congress receive a 0% score on their co-sponsorship efforts.  (We do not want to penalize the Equality Caucus or Equality Caucus Member Gabrielle Giffords due to her circumstances and medical condition that keeps her from participating in her Congressional activities. Her co-sponsorships will not be counted in the tabulations).   Those with no co-sponsorships of any pro-LGBT legislation account for 3% of the Equality Caucus (3 out 95).

  • Charles Gonzalez (D-TX) – Caucus Member
  • Loretta Sanchez (D-CA) – Caucus Member
  • Frederica Wilson (D-FL) – Caucus Member

With a grade of a B-, only 81%  (77 of 95 members) of the Congressional LGBT Equality Caucus is supporting the Employment Non-Discrimination Act. Those Equality Caucus members not co-sponsoring the Employment Non-Discrimination Act include the three 0% members above and the following fifteen members:

  • Timothy Bishop (D-NY) – Caucus Member
  • Earl Blumenauer (D-OR) – Caucus Member
  • Andre Carson (D-IN) – Caucus Member
  • Hansen Clarke (D-MI) – Caucus Member
  • Peter DeFazio (D-OR) – Caucus Member
  • Keith Ellison (D-MN) – Caucus Member
  • Colleen Hanabusa (D-HI) – Caucus Member
  • Doris Matsui (D-CA) – Caucus Member
  • Carolyn McCarthy (D-NY) – Caucus Member
  • Christopher Murphy (D-CT) – Caucus Member
  • Frank Pallone, Jr. (D-NJ) – Caucus Member
  • Gregorio Kilili Camacho Sablan (D-MP) *Non-voting Caucus Member from the Northern Mariana Islands
  • Paul Tonko (D-NY) – Caucus Member
  • Nydia Velazquez (D- NY) – Caucus Member
  • Peter Welch (D-VT)  – Caucus Vice-Chair

With a grade of a B, only 84%  (80 of 95 members) of the Congressional LGBT Equality Caucus is supporting the Respect for Marriage Act. Those Equality Caucus members not co-sponsoring the Respect for Marriage Act include the three 0% members above and the following thirteen members:

  • Robert Andrews (D-NJ) – Caucus Vice-Chair
  • Xavier Becerra (D-CA) – Caucus Vice-Chair
  • Ileana Ros-Lehtinen (R-FL) – Caucus Vice-Chair
  • Timothy Bishop (D-NY) – Caucus Member
  • Andre Carson (D-IN) – Caucus Member
  • Hansen Clarke (D-MI) – Caucus Member
  • Peter DeFazio (D-OR) – Caucus Member
  • Colleen Hanabusa (D-HI) – Caucus Member
  • Carolyn McCarthy (D-NY) – Caucus Member
  • Bill Pascrell (D-NJ) – Caucus Member
  • Laura Richardson (D-CA) – Caucus Member
  • Gregorio Kilili Camacho Sablan (D-MP) *Non-voting Caucus Member from the Northern Mariana Islands
  • Betty Sutton (D-OH) – Caucus Member

With a grade of an A-, 91% (86 of 95 members) of the Congressional LGBT Equality Caucus is supporting the Student Non-Discrimination Act. Those Equality Caucus members not co-sponsoring the Student Non-Discrimination Act include the three 0% members above and the following six members:

  • Robert Andrews (D-NJ) – Caucus Vice-Chair
  • Xavier Becerra (D-CA) – Caucus Vice-Chair
  • George Miller (D-CA– Caucus Member
  • Nydia Velazquez (D-NY) – Caucus Member
  • John Conyers (D-MI) – Caucus Member
  • Martin Heinrich (D-NM) – Caucus Member

With a grade of an F, 44% (42 of 95 members) of the Congressional LGBT Equality Caucus is supporting the Equal Access to COBRA Act. Rather than list all those Equality Caucus members not cosponsoring the Equal Access to COBRA Act let’s look at some other details.  All of the Equality Caucus Co-Chairs (Baldwin, Cicilline, Frank, and Polis) are cosponsors of the bill.  However, only 36% (7 of 19) of the Vice-Chairs of the Caucus are cosponsors of the bill.

With a grade of F-, 7% (7 of 95 members) of the Congressional LGBT Equality Caucus is supporting the Tyler Clementi Higher Education Anti-Harassment Act. The bill sponsored by Democrat Rush Holt from New Jersey is the least supported piece of legislation in the Equality Caucus with only 7 co-sponsors. None of the Equality Caucus Co-Chairs (Baldwin, Cicilline, Frank or Polis) are cosponsors and only 11% (2 of 19) of the Vice-Chairs of the Caucus are cosponsors of the bill.

In order to achieve full federal equality, we need an important institution such as the Congressional LGBT Equality Caucus to actually be efficient and turnkey in our efforts to demonstrate and increase the support for all pieces of LGBT friendly legislation. I am hopeful that the Equality Caucus leadership either: 1. Encourages all of its members to support and cosponsor ALL LGBT-friendly legislation introduced by its membership and other allies in Congress or 2. Explains to the larger LGBT community why the Equality Caucus isn’t supporting specific pieces of legislation.

Act On Principles (www.actonprinciples.org) will continue publicly whip all LGBT supportive legislation in the 112th Congress, continue to evaluate the Congressional LGBT Equality Caucus on their support of our equality, and work with organizations to ensure we achieve full federal equality.

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Grading the Congressional LGBT Equality Caucus in the 112th Congress

According to their website (http://lgbt.tammybaldwin.house.gov/): The Congressional LGBT Equality Caucus was established in the U.S. House of Representatives in June 2008 by Co-Chairs Tammy Baldwin (D-WI) and Barney Frank (D-MA), along with Members of Congress who are strongly committed to achieving the full enjoyment of human rights for LGBT people in the U.S. and around the world.”

The Caucus is now co-chaired by four openly gay members of Congress:  Tammy Baldwin, Barney Frank, Jared Polis (D-CO), and David Cicilline (D-RI).  In addition to the Co-Chairs, the membership is comprised of 19 Vice-Chairs and 74 Members, which totals to 97 members.

bw_teacher_pupil_blackboard-300x204It is commonly understood amongst LGBT advocacy organizations and activists, that with the recent loss of Democrats in the House of Representatives during the 2012 election, the 112th Congress might be a challenging field to secure passage of any LGBT legislation. Given the current political environment, one would expect that the Equality Caucus formed with the mission to achieve equal rights for LGBT people would immediately and unequivocally support ALL pieces of LGBT friendly legislation introduced in this Congress.

However that isn’t what is happening.  Act on Principles is giving the following grades to the Equality Caucus on their support of LGBT friendly legislation introduced in the House of Representatives. Currently, there are four pieces of legislation in the House that impact LGBT equality, as of today, the Employment Non-Discrimination Act has not been formally introduced by Equality Caucus Co-Chair Barney Frank.

HR 116: Respect for Marriage Act (introduced 3/16/2011 by Jerrold Nadler (D-NY))

B-

HR 998: Student Non-Discrimination Act of 2011(introduced 3/10/2011 by Jared Polis (D-WI))

B

HR 1028: Equal Access to COBRA Act of 2011 (introduced 3/10/2011 by Anthony Weiner (D-NY))

F

HR 1048: Tyler Clementi Higher Education Anti-Harassment Act of 2011 (introduced 3/11/2011by Rush Holt (D-NJ))

F-

Before going into too much details on each of the bills, the four members of the Congressional LGBT Equality Caucus that are supporting ALL FOUR pieces of LGBT legislation introduced should be commended.  These Members of Congress received a 100% score on their co-sponsorship efforts, unfortunately they account for only 4% of the entire Equality Caucus (4 out of 97 members):

  • Michael Honda (D-CA) – Caucus Vice-Chair
  • Rush Holt (D-NJ) -Caucus Member
  • Frank Pallone (D-NJ) – Caucus Member
  • Steven Rothman (D-NJ) – Caucus Member

Conversely, the nine members of the Congressional LGBT Equality Caucus that are supporting zero pieces of legislation should be also noted. These Members of Congress receive a 0% score on their co-sponsorship efforts.  (We do not want to penalize the Equality Caucus or Equality Caucus Member Gabrielle Giffords due to her circumstances and medical condition that keeps her from participating in her Congressional activities. Her co-sponsorships will not be counted in the tabulations).   Those with no co-sponsorships of any pro-LGBT legislation account for 8% of the Equality Caucus (8 out 96).

  • Robert Andrews (D-NJ) – Caucus Vice-Chair
  • Xavier Becerra (D-CA) – Caucus Vice-Chair
  • Hansen Clarke (D-MI) – Caucus Member
  • Charles Gonzalez (D-TX) – Caucus Member
  • Jane Harman (D-CA) – Caucus Member
  • Loretta Sanchez (D-CA) – Caucus Member
  • Frederica Wilson (D-FL) – Caucus Member
  • Gregorio Kilili Camacho Sablan (D-MP) *Non-voting Caucus Member from the Northern Mariana Islands

With a grade of a B-, only 82%  (79 of 96 members) of the Congressional LGBT Equality Caucus is supporting the Respect for Marriage Act. Those Equality Caucus members not co-sponsoring the Respect for Marriage Act include the eight 0% members above and the following nine members:

  • Ileana Ros-Lehtinen (R-FL) – Caucus Vice-Chair
  • Timothy Bishop (D-NY) – Caucus Member
  • Andre Carson (D-IN) – Caucus Member
  • Peter DeFazio (D-OR) – Caucus Member
  • Colleen Hanabusa (D-HI) – Caucus Member
  • Carolyn McCarthy (D-NY) – Caucus Member
  • Bill Pascrell (D-NJ) – Caucus Member
  • Laura Richardson (D-CA) – Caucus Member
  • Betty Sutton (D-OH) – Caucus Member

With a grade of a B, 85% (82 of 96 members) of the Congressional LGBT Equality Caucus is supporting the Student Non-Discrimination Act. Those Equality Caucus members not co-sponsoring the Student Non-Discrimination Act include the eight 0% members above and the following six members:

  • George Miller (D-CA– Caucus Member
  • Rosa DeLauro (D-CT) – Caucus Member
  • Nydia Velazquez (D-NY) – Caucus Member
  • John Conyers (D-MI) – Caucus Member
  • Marcia Fudge (D-OH) – Caucus Member
  • Martin Heinrich (D-NM) – Caucus Member

With a grade of an F, 44% (42 of 96 members) of the Congressional LGBT Equality Caucus is supporting the Equal Access to COBRA Act. Rather than list all those Equality Caucus members not cosponsoring the Equal Access to COBRA Act let’s look at some other details.  All of the Equality Caucus Co-Chairs (Baldwin, Cicilline, Frank, and Polis) are cosponsors of the bill.  However, only 36% (7 of 19) of the Vice-Chairs of the Caucus are cosponsors of the bill.

With a grade of F-, 7% (7 of 96 members) of the Congressional LGBT Equality Caucus is supporting the Tyler Clementi Higher Education Anti-Harassment Act. The bill sponsored by Democrat Rush Holt from New Jersey is the least supported piece of legislation in the Equality Caucus with only 7 co-sponsors. None of the Equality Caucus Co-Chairs (Baldwin, Cicilline, Frank or Polis) are cosponsors and only 11% (2 of 19) of the Vice-Chairs of the Caucus are cosponsors of the bill.

In order to achieve full federal equality, we need an important institution such as the Congressional LGBT Equality Caucus to actually be efficient and turnkey in our efforts to demonstrate and increase the support for all pieces of LGBT friendly legislation. I am hopeful that the Equality Caucus leadership either: 1. Encourages all of its members to support and cosponsor ALL LGBT-friendly legislation introduced by its membership and other allies in Congress or 2. Explains to the larger LGBT community why the Equality Caucus isn’t supporting specific pieces of legislation.

Act On Principles (www.actonprinciples.org) will continue publicly whip all LGBT supportive legislation in the 112th Congress, continue to evaluate the Congressional LGBT Equality Caucus on their support of our equality, and work with organizations to ensure we achieve full federal equality.

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Nicholson’s “Big Unclassified Secret” on the Roadmap to the DADT Repeal

Alexander Nicholson, Executive Director of Servicemembers United, shares the narrow, delicate path to get “Don’t Ask, Don’t Tell” Repeal done this year. He addresses specific timelines and specific targets, and even cautions us regarding how some “advocates” will distract us by telling us to focus on Senators John McCain and Mitch McConnell. Following this path, Nicholson suggests we have a 50-60% chance to pass DADT Repeal, not following this strategy, the possibility of DADT Repeal goes down to 5-10% .

According to Nicholson, if someone tells you to focus your DADT energy (i.e. make calls or protest) on Sen. McCain they are trying to distract you. Be very suspicious of such advice, as John McCain does not control anything in the DADT debate.

Nicholson says he is “not going to sit on the sidelines and rely on the strategy of others.“

Welcome to the club, Mr. Nicholson.


Inflexible Dates and Deadlines

  • Thursday, November 18th, or Monday, November 22nd (at the latest). -Senate needs to introduce Defense Authorization Bill: This is a busy time with new Senator orientation and other cloture votes. (With the National Defense Authorization Act – Nicholson expects the Senate needs one to two weeks debate on Senate floor).   Thursday, November 25th is Thanksgiving.
  • Thursday, Dec 9th – (or at the latest Monday, December 13th) – Start conference of Defense Authorization Bill, Nicholson expects the Senate and House need between one to two weeks to “conference” the bill that included DADT Repeal between the House and Senate chambers.
  • Thursday, Dec 23rd – Absolute latest day Senate is in session this year, however they may take recess earlier.

Who are the key targets?

  • Senate Majority Leader Harry Reid (D-NV) – Senator Reid holds the cards as to whether the bill, and all other Senate bills are brought up under above timeline. And he also determines the rules under which the bills are brought up. Nicholson argues that a standard and customary open amendment process is needed (This is needed to get some Republican votes.) In September, Sen. Reid pissed off a few Republicans and lost their vote by the way this was introduced not allowing any amendments.
  • President Obama- The President needs to get personally and publically involved in this issue. Having only the White House staff involved is not sufficient. Nicholson asserts that President Obama needs to do four times what the President did in previous efforts during May and September this year.
  • Moderate and Reasonable Republicans-  Senator Susan Collins (R-ME) and Richard Lugar (R-IN) needs to break the filibuster vote yes if brought up .  Oympia Snowe (R-ME), George Voinovich (R-OH), Scott Brown (R-MA), and others need to vote yes after reviewing the study as promised. Their final vote on DADT will be after the study has been released.  The Arkansas Democrats Blanche Lincoln (D-AR) and Mark Prior (D-AR) also need to vote yes.

EXPIRED

Call Senator Gillibrand: 212-481-2010

New York City Activists are staging a daily vigil asking for one of our heroes, Sen Gillibrand to file the American Equality Bill. They are asking you to call her campaign office at 212-481-2010. These brave activists are on the front edge of the movement, and deserve our support. Watch a Granny Peace Brigade activist show you how it is done.

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Socarides: “a gay ’separate but equal’ rule — is contrary to what Obama stands for”

The Politico publishes an opinion piece from Richard Socarides, former advisor to President Bill Clinton.  Read the full article here.

Support for equal benefits, but not for equal status — a gay “separate but equal” rule — is contrary to what Obama stands for, both as a person and as a symbol of expanding freedoms and opportunities. Continuing on this course will lose him and his fellow Democrats the support and enthusiasm of a large block of his base voters.

But can President Obama, who once supported gay marriage, only to oppose it now, change his position again? The answer is yes — and he in fact has no choice.

People understand that most public officials who now support gay marriage once opposed it. It wasn’t until after they left office that Bill Clinton and Al Gore (and, most recently, Laura Bush) said that they favored marriage equality. As Nate Silver recently wrote on his blog FiveThirtyEight.com: “Does anyone really believe, in a country that is becoming close to evenly divided on gay marriage, that Hillary Clinton, Barack Obama and John Kerry are among the half who oppose it?

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Mixner: “The President is either with us or against us.”

Another bold and clear argument by LGBT activist and leader David Mixner on how the current White House is failing the LGBT community in its lack of leadership following the historic Prop 8 Decision on Wednesday, August 4th.

Our President, our fierce advocate, continued with a game of giving us begrudgingly congratulations in a tepid unemotional and uninspired statement while sending his minions out to make sure the entire country knew that he was against marriage equality. If there was anyone that should sit down and read this opinion it would be this son of an interracial couple who had to go to Supreme Court to obtain marriage equality.

This game has to stop. The President is either with us or against us. If he is neutral, so be it but then stop hurting us by saying over and over how marriage equality is between a man and a women. He should pay close attention to the line in Judge Walker’s decision that says,

“Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex couples are superior to same-sex couples. “

Click here to read the full article. Be inspired.

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Obama’s Bus, are the LGBT’s under it yet?

Just saw this on the internets from the 2008 Election….

Are we under Obama’s bus or not?

ObamaBus

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Thoughts on Elena Kagan: Equal Justice Under the Law

The following landed in my inbox from an activist friend of mine in Seattle, Stuart Wilber.   I thought I would  share it with you.

stewart-wilber_webI listened today to Solicitor General Kagan’s statement this afternoon. She movingly quoted the words that are etched in marble above the entrance to the Supreme Court, ”Equal Justice Under Law”.  And I said to John, my husband when we visit Canada; my partner if we don’t venture in the wrong direction from the State of Washington,- in Oregon we’re recognized, in Idaho, we’re not. I asked, “Where is our equal justice under the law?” “When do we see GLBT people treated equally under the law?”

In about 2 years, we will undoubtedly see Perry v. Schwarzenegger go before the Supreme Court.  I propose we consider possible, dignified actions both locally and in DC that will pose that question to the Justices and all Americans, “Where is our equal justice under the law?”  Be they rolling hunger fasts, non violent sit-ins or creative actions that our diverse community conceives; the question needs to be asked continually and with coordinated NVCD actions across our country, “When will we have equal justice under the law?

I don’t suggest we wait two years to take action to demand our equal rights, but I think we need to start planning coordinated actions both in response to and in anticipation of issues. Exodus held its 35th Anniversary celebration in Orange County and the protests went virtually unnoticed. Yesterday, tens of thousands of people came out to Pride events in Seattle, but a few weeks ago we couldn’t muster ten dozen to protest DADT.  There must be a way to motivate those tens of thousands.

Saturday and Sunday I posted a request on many of your FB walls; I also mentioned the idea to the list-serve: As we are planning direct actions, please remember one of the most powerful is to reinforce good behavior with a thank you. I’d like to suggest that every activist organization set up a ‘good cop squad’ of letter writers to thank those who advocate on our behalf. Sometimes in our anger and impatience we forget to take this gentle direct action, especially with our straight allies and advocates many of whom risk their careers on our behalf. A few sent e-mails; almost none re-posted. Here in Seattle the rainbow flag is flying over the space needle for the first time in history. Let’s make sure it flies there next year. Please it’s so easy, just a thank you. Here’s one to start with:[email protected].

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Thoughts on Obama’s Interim Measures toward Full Equality

Many may celebrate, embrace, and laud “interim measures” that are provided by the Obama Administration such as the domestic partner benefits for federal employees, hospital visitation rights for same-sex partners, and family leave for our partner’s children. Although it is true that all of the new policies provide new rights to the LGBT community, they are not providing us truly equal treatment of our marriages, just a separate set of laws and policies needed to address fundamental inequalities for second-class citizens. rainbowpath

We are starting down a path of creating an entirely new subset of laws and policies to address at the Federal level the inequality and discrimination we experience as families (hospital visitation, FLMA, etc.). Separate is never equal.

Such progress is a path that I feel uncomfortable going too-far down, without always coming back to the main legislative barriers to our legal equality such as DOMA, anti-LGBT state laws, and the absence of a comprehensive federal non-discrimination law addressing sexual orientation and gender identity.

With regards to the recent FLMA announcement, because of DOMA, we still do not have the Federal right to take off work to care for our same-sex partner. Although many corporations and states allow such leave. In addition, we are assuming that all LGBT families feel comfortable accessing such work-around FMLA benefits, when we know many fear the risk of being fired based on sexual orientation and/or gender identity. ENDA is needed to allow fuller access to such benefits.

Repeal of DOMA is the mother-lode that brings over 1100 federal rights and responsibilities. It should not be downplayed by advocates as we are given sentimental and significant, yet far from comprehensive, expansion of our Constitutional rights from this Administration, or any other for that matter.

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Watch Now: LT. Dan Choi speaks at NYC Pride on DADT