Another Gay Rights Win For Obama: DADT Ends 09/20/2011

Today, President Barack Obama, Secretary of Defense Leon Panetta and Joint Chiefs of Staff Admiral Mike Mullen all certified that the lifting of the ban on open service by lesbian, gay or bisexual Americans in the U.S. Armed Forces will not negatively impact national security. The certification was the last step to be taken after DADT repeal legislation passed the Congress last December and was signed into law by the President in front of a crowd of cheering supporters. The military's anti-gay policy will cease to be in effect 60 days after today's certification, or on September 20, 2011.

This is the another huge gay rights win which must be credited to Obama, following his enactment of the federal hate crimes act in 2009, his determination by the federal government that laws affecting sexual orientation must receive heightened scrutiny and thus declaring DOMA to be unconstitutional earlier this year and now the enactment of the repeal of "Don't Ask, Don't Tell."

The main thing left on the gay rights agenda is some forward movement on federal government forcing it's contractors not to discriminate on the basis of sexual orientation or gender identity, since it is unlikely that the Employment Non-Discrimination Act (ENDA) will be passing Congress any time soon.

Statement by the President on Certification of Repeal of Don't Ask, Don't Tell

Today, we have taken the final major step toward ending the discriminatory ‘Don’t Ask, Don’t Tell’ law that undermines our military readiness and violates American principles of fairness and equality.  In accordance with the legislation that I signed into law last December, I have certified and notified Congress that the requirements for repeal have been met.  ‘Don’t Ask, Don’t Tell’ will end, once and for all, in 60 days—on September 20, 2011. 

As Commander in Chief, I have always been confident that our dedicated men and women in uniform would transition to a new policy in an orderly manner that preserves unit cohesion, recruitment, retention and military effectiveness.  Today’s action follows extensive training of our military personnel and certification by Secretary Panetta and Admiral Mullen that our military is ready for repeal.  As of September 20th, service members will no longer be forced to hide who they are in order to serve our country.  Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian.

I want to commend our civilian and military leadership for moving forward in the careful and deliberate manner that this change requires, especially with our nation at war.  I want to thank all our men and women in uniform, including those who are gay or lesbian, for their professionalism and patriotism during this transition.  Every American can be proud that our extraordinary troops and their families, like earlier generations that have adapted to other changes, will only grow stronger and remain the best fighting force in the world and a reflection of the values of justice and equality that the define us as Americans.

DADT Certification

MAP: Sexual Orientation & Gender Identity Discrimination in U.S.

This map is what the state of play in sexual orientation and gender identity discrimination in employment looks like in the various states as of March 2011. There are 29 states that have no protections for LGBT people in employment in any way (so your boss can say, "I'm firing you because you're a fag!") and you have no recourse what so ever.

As of July 6th, there are now 15 states which ban discrimination on the basis of gender identity, and there are 21 which ban employment discrimination on the basis of sexual orientation or gender identity (all the states which ban gender identity discrimination also ban sexual orientation discrimination). The six states which do not overlap are: New York, Wisconsin, New Hampshire, Massachusetts, Maryland and Delaware. (One should note that 3 of these 6 states have already enacted marriage equality!) Wisconsin is  ahead scratcher because they passed sexual orientation non-discrimination way back in 1982, the first state in the country to do so. There was gender identity nondiscrimination legislation pending  in New York and Maryland which died when those legislative sessions ended this Spring.

The Employment Non-Discrimination Act (ENDA) would prohibit employment discrimination nationwide on the basis of sexual orientation or gender identity. Significantly, A version of ENDA (without gender identity protection, thus some people called it "SplENDA") passed the U.S. House under Democratic control in 2007 but failed to be brought up for a vote in the 2009-2001 111th Congress. With Republicans in majority control of the U.S. House it is very doubtful that ENDA will pass that body in the 2011-2013 112th Congress.

ENDA Introduced in US Senate

The Employment Non-Discrimination Act (ENDA) was introduced in the 112th Congress today with lead co-sponsors Jeff Merkley (D-OR), Susan Collins (R-ME), Tom Harkin (D-IA) and Mark Kirk (R-IL).

The National Gay and Lesbian Task Force sent out a press release praising the action:

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force

"An overwhelming majority of Americans know it is wrong to deprive their lesbian, gay, bisexual and transgender friends, family and neighbors of the ability to earn a livelihood and provide for their families simply because of who they are. They know our entire country benefits when all people are allowed to contribute their talents and skills free from discrimination. ENDA will simply help ensure everyone is allowed to participate on a level playing field in the workplace, a core value of this nation. Let's get ENDA passed. Our community has provided statistics and shared personal stories; we've seen LGBT workers lose their foothold in a struggling economy, not because of downsizing or poor performance, but solely because of prejudice. Our country can and must do better. We thank Senators Merkley, Kirk, Harkin and Collins for reintroducing this critical legislation, and urge Congress and the administration to work toward its passage."