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On the Issues: Gay/Lesbian Rights

All Americans should enjoy the freedoms guaranteed by our Constitution.  Prejudice against Americans based on sexual orientation is no different than prejudice against religion or race and is totally unacceptable in the year 2009.  I strongly believe that a key aspect of supporting our democratic society is to recognize the rights and privileges that are extended to all Americans.

I strongly support the Employment Non-Discrimination Act, which will prohibit employment and housing discrimination based on sexual orientation.  I was also a sponsor of the Local Law Enforcement Hate Crimes Prevention Act (H.R. 1913), which adds sexual orientation as a human characteristic included within federal hate crimes legislation.  Additional legislation I have sponsored includes the following:

* Domestic Benefits and Obligations Act: To provide benefits to the domestic partners of federal employees
* Permanent Partners Immigration Act: To allow gay and lesbian US citizens and lawful permanent residents to bring their domestic partners to the US for residence

* Uniting American Families Act: To expand the definition of "permanent partnership" to include any intimate relationship between two individuals 18 or older in which both individuals intend a lifelong commitment, are financially interdependent and are not married to any other individual.

Hate Crimes

Current hate crimes laws are grossly limited and only permit federal prosecution of hate crimes based on race, color, religion, or national origin.  Simply put, this is not enough.  Since the Hate Crimes Statistics Act was signed into law in 1990, local law enforcement agencies have been collecting data on bias-motivated criminal acts and reporting them to the FBI.  These statistics show a dire need for extending hate crimes law to protect gender, gender identity, sexual orientation, and disability.

It is obvious that hate crimes affect not only the individual victim but the entire community.  As such, I proudly supported Local Law Enforcement Hate Crimes Prevention Act (H.R. 1913), which passed in the House of Representatives by a vote of 249 to 175 on April 29, 2009.  This legislation will protect all people, including LGBT Americans, from bias-motivated violent attack.  As a founding member of the LGBT Equality Caucus, I remain strongly committed to achieving full human rights for LGBT persons in the United States and around the world.

Same Sex Marriage

I support full equality for same-sex couples and believe that a majority of Americans rightfully recognize that same-sex couples who are committed to a lifelong relationship should enjoy all of the civil benefits that come with marriage.  The ability to make medical decisions for an incapacitated partner, inherit property without large tax penalties and receive Social Security survivor benefits are a few examples of domestic benefits that every couple joined in a state-sanctioned union should enjoy and are wholly unrelated to religious matters.  Several states have legalized civil unions for same-sex couples, allowing them to enjoy the civil benefits of marriage offered by that state.  However, these couples cannot receive federal benefits, nor are these partnerships recognized by other states.

I am encouraged that five states now allow gay marriages, with even more considering legislation.  However, other states are currently not required to honor and recognize these marriages.  Article IV, Section 1 of the U.S. Constitution states, "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state."  Because of this provision, Congress passed the Defense of Marriage Act (DOMA) several years ago, giving states the right not to recognize same-sex marriages legalized by other states. Florida was one of 37 states to subsequently pass a complimentary law for itself.  Scholars may debate the constitutionality of DOMA, but it is currently the law of the land.

Constitutional Amendment Defining Marriage

The most recently proposed constitutional amendment states as follows, "Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."  This amendment would not only ban same-sex marriages but also civil unions, and I will not support such a divisive measure.

I am convinced it is best not to tamper with the U.S. Constitution as it relates to the question of marriage.  Our nation faces several crucial challenges in the months and years ahead, not the least of which includes minimizing the threat of terrorism, repairing our fiscal policies, and providing proper healthcare and education for our citizens. To successfully accomplish these goals, Americans must be united in purpose. The proposed constitutional amendment that would define marriage to the exclusion of others will further divide the American people and ultimately distract us from tackling our country's most pressing problems.