CLGBTC Legislative Update
2008 Fall Consolidated Meetings

• Employment Non-Discrimination Act - H.R. 2015 and H.R. 3685
• The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act - H.R. 1592 / S. 1105
• The Military Readiness Enhancement Act - H.R. 1246 - "Don't Ask, Don't Tell"
• The Domestic Partnership Benefits and Obligations Act - S. 2521 and H.R. 4838
• The Tax Equity for Domestic Partner and Health Plan Beneficiaries Act - S. 1556 and the Tax Equity for Health Plan Beneficiaries Act - H.R. 1820
• The Family and Medical Leave Inclusion Act - H.R. 2792
• Uniting American Families Act - H.R. 2221 / S.1328
• Other

Employment Non-Discrimination Act - H.R. 2015 and H.R. 3685

H.R. 2015 is a federal bill that would address discrimination in the workplace by making it illegal to fire, refuse to hire or refuse to promote employees simply based on a person's sexual orientation or gender identity. It would reinforce the principle that employment decisions should be based upon a person's qualifications and job performance.

Unlike H.R. 2015, H.R. 3685 would only bar discrimination based on sexual orientation, not gender identity.

Current Status
Reps. Barney Frank (D-MA); Deborah Pryce (R-OH); Tammy Baldwin (D-WI); and Christopher Shays (R-CT) introduced H.R. 2015, in the U.S. House of Representatives on April 24, 2007. On September 5, 2007, the Health, Employment, Labor, and Pensions Subcommittee of the House Committee on Education and Labor held a hearing on H.R. 2015. Following that hearing, Rep. Frank and the House leadership determined that, unfortunately, there was insufficient support to pass a transgender-inclusive version of Employment Non-Discrimination Act (ENDA). Rep. Frank subsequently introduced a version of ENDA, H.R. 3685, that extends protections based on sexual orientation, but not gender identity. On October 18, 2007, the full Committee on Education and Labor voted, 27-21, to send H.R. 3685 to the full House for a vote. On November 7, 2007, the House passed H.R. 3685 by a vote of 235-184, the first time a version of ENDA has passed either chamber of Congress.

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The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act - H.R. 1592 / S. 1105

The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act gives the Justice Department the power to investigate and prosecute bias-motivated violence by providing the department with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.

Current Status
On May 3, 2007, the U.S. House of Representatives passed H.R. 1592 by a vote of 237 to 180, with 25 Republicans voting yes.

The Senate version, the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act (S. 1105), was introduced on April 12, 2007, by Senators Edward Kennedy (D-MA) and Gordon Smith (R-OR) with 40 bipartisan co-sponsors. Senator Kennedy and Senator Smith filed the Matthew Shepard Act as an amendment to the Department of Defense Authorization bill (H.R. 1585). On September 27, the Senate voted 60-39 for cloture. The Matthew Shepard Act was adopted by voice vote and added to the Department of Defense (DoD) Authorization bill.

The hate crimes provision was not included in the final version of the DoD bill. The DoD bill fell victim to House opponents of hate crimes, a White House veto threat, as well as unrelated concerns regarding Iraq-related provisions of the bill. (Moderate Democrats, many of whom voted for the hate crimes bill in May, did not want to test the President's veto threat and risk a delay in increased pay for military personnel.)

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The Military Readiness Enhancement Act - H.R. 1246 - "Don't Ask, Don't Tell"

Current Status
Rep. Marty Meehan (D-MA) introduced the Military Readiness Enhancement Act (MREA) - H.R. 1246 on Feb. 28, 2007. Rep. Ellen Tauscher (D-CA), took over as the lead sponsor of MREA following Rep. Meehan's retirement. As of July 2008, the bill had 143 House cosponsors.

In July, 2008, Rep Susan Davis (D-CA), Chair of the House Armed Services Committee, House Subcommittee on Military Personnel chaired the first hearing on “Don't Ask, Don't Tell” in 15 years.

Witnesses were:

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The Domestic Partnership Benefits and Obligations Act - S. 2521 and H.R. 4838

In the 110th Congress the Senate bill, S. 2521, was introduced by Senators Lieberman (D-CT) and Smith (R-OR). In the House, Representatives Baldwin (D-WI), Waxman (D-CA), Davis (R-VA), and Shays (R-CT) introduced H.R. 4838. The Domestic Partnership Benefits and Obligations Act would provide domestic partnership benefits to all federal civilian employees on the same basis as spousal benefits. These benefits, available for both same- and opposite-sex domestic partners of federal employees, would include participation in applicable retirement programs, compensation for work injuries, and life and health insurance benefits.

Current Status
Senator Joe Lieberman (D-CT) introduced The Domestic Partnership Benefits and Obligations Act in the Senate with 21 cosponsors. The bill has been referred to the Committee on Homeland Security and Government Affairs. Representative Tammy Baldwin (D-WI) introduced the bill in the House with 72 cosponsors. It has been referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.

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The Tax Equity for Domestic Partner and Health Plan Beneficiaries Act -S. 1556 and the Tax Equity for Health Plan Beneficiaries Act -H.R. 1820

Equalize tax treatment for employer-provided health coverage for domestic partners and other non-spouse, non-dependent beneficiaries. Sen. Gordon Smith, R-Ore., and Rep. Jim McDermott (D-WA), have introduced legislation (S. 1556 / H.R. 1820) that would end the federal tax inequities for employer-sponsored health coverage provided to domestic partners and other non-spouse, non-dependent beneficiaries, as detailed below.

Current Status
Senator Smith (R-OR) for himself, Senator Cantwell (D-WA), Senator Lieberman (ID-CT), Senator Wyden (D-OR), Senator Kerry (D-MA), Senator Akaka (D-HI), Senator Murray (D-WA), and Senator Dodd (D-CT), introduced the bill on June 6, 2007. It has been referred to the Senate Committee on Finance.

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The Family and Medical Leave Inclusion Act - H.R. 2792

The Family and Medical Leave Inclusion Act (H.R. 2792) would expand the Family and Medical Leave Act of 1993 to permit an employee to take up to twelve weeks of unpaid leave from work if his or her domestic partner or same-sex spouse has a serious health condition. It would also permit employees to take unpaid leave to care for a "parent-in-law, adult child, sibling or grandparent."

Current Status
Rep. Carolyn Maloney (D-NY), introduced the bill June 20, 2007 with bipartisan co-sponsors: Representatives Frank, Baldwin, Woolsey, and Shays. It was referred to the House Subcommittee on Workforce Protections on July 24, 2007.

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Uniting American Families Act - H.R. 2221 / S.1328

The Uniting American Families (UAFA) Act will apply the same standards to same-sex couples that the United States applies to opposite-sex couples where one member is seeking to bring a foreign partner into the country. As with current immigration laws for married couples, the UAFA would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines. In addition, if the partnership is dissolved in less than two years, the legal immigrant status of the partner would be revoked.

Current Status
UAFA was introduced in the 110th Congress in both houses on May 8, 2007. The U.S. House of Representatives bill (H.R. 2221) is sponsored by Rep. Jerrold Nadler (D-NY), had 68 members of Congress as original co-sponsors. Sen. Patrick Leahy (D-VT), introduced the Senate version of the bill (S. 1328) on the same date.

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OTHER

House Committee on Education and Labor
Health, Employment, Labor, and Pensions Subcommittee Hearing:

"An Examination of Discrimination against Transgender Americans in the Workplace"
June 26, 2008

Witness List:

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