In the last article, we listed some of the many legislative efforts that are underway to bring equality to the LGBT community. Here are some additional significant actions, and a discussion of some of the ways we all can help:

In California:

A bill titled the “Separation Equity Act” was recently introduced in the California Assembly to create a consolidated procedure to dissolve both a civil marriage and a domestic partnership at the same time. Couples who first registered as domestic partners and then married, would be able to dissolve both unions in a single, uniform procedure. Currently each must be dissolved separately.

Hate Crimes Protection Act – another bill introduced in the Assembly would prohibit contracts from requiring a person to waive their legal rights and procedures under the Ralph Civil Rights Act, which provides protections from hate-related crimes. Refusing to enter into a contract on the basis that the other person declines to waive his/her Ralph Act rights would also be prohibited. It would apply to contracts of all types on or after January 1, 2012.

A resolution putting California on record in support of the federal “Uniting American Families Act” was passed by the Assembly and is being considered in the Senate. The federal act would remove legal barriers to immigration by permanent same-sex partners.

Another resolution would urge repeal of the U.S. Food and Drug Administration’s rule against healthy gay and bisexual men donating blood – an outdated and discriminatory prohibition.

A policy of the U.S. Internal Revenue Service which requires married same-sex couples and registered domestic partners to file separate federal tax returns is the target of AJR 29, a resolution to request the IRS to change its rules so such couples can file jointly, as they do in California. The current federal policy makes tax filing for these California couples a very complicated process, requiring the filing of joint returns for the state and separate individual returns for the IRS.

Elsewhere:

The U.S. Congress is likely to consider the “Employment Non-discrimination Act” (ENDA) after they return from recess on April 12. This legislation is essential to basic civil rights protections for the LGBT community. Although some states, including California, specifically prohibit discrimination in hiring and firing lesbian, gay, bisexual or transgender people, most states and cities do not have such laws on the books, and there is no uniformity nationwide.

ENDA would make it illegal to discriminate based on sexual orientation and gender identity everywhere in the United States.
Until ENDA and other nationwide protections are enacted, individual communities continue to consider and pass or reject legal protections for LGBT people.

In a historic breakthrough, and with the endorsement of the Mormon Church, Salt Lake City, Utah recently unanimously passed a pair of ordinances making it illegal to discriminate on the basis of sexual orientation or gender identity in housing and employment. This is the first time the Mormon Church has publicly supported any gay rights legislation. Unfortunately, they remain steadfast in their opposition to same-sex marriage.

Update on “Don’t Ask, Don’t Tell”:

As the federal review of the U.S. Military policy “Don’t Ask, Don’t Tell” (DADT) continues, there is an interesting line-up of supporters of repeal or major modification of the rule. Most military chiefs are amenable to changing it. U.S. Secretary of Defense Robert Gates and Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff have both stated their support of repeal, as long as it is done with careful thought and with understanding of how it will be accepted by our military troops, especially in this time of war.

The American Medical Association voted to support repeal, and General Colin Powell, former Chairman of the Joint Chiefs and Secretary of State, and even Dick Cheney, former Vice President, have agreed that it is time for change.

Both the House of Representatives and the Senate have now introduced bills to repeal this discriminatory policy. Most Democrats seem to support it, and most Republicans do not. There will be a lot of political maneuvering to secure the necessary votes to pass these bills. It is likely that the bills will be attached to broader defense budget legislation so they don’t require stand-alone votes.

However it plays out, DADT must be ended. Since 1993, it has required gay and lesbian members of our military to hide or lie about their true identity. Around 13,500 members of the military have been dismissed under DADT since then, and some 4000 LGBT troops leave voluntarily each year. It is estimated that there are currently 66,000 such troops serving our country now. DADT is truly discriminatory and, frankly, un-American.

Lying about who we are does not serve our country or our military troops well.

An ABC News/Washington Post poll in 2008 showed 75 percent of Americans support lesbians and gay men serving openly, compared to 44 percent in 1993. And a 2009 Gallup poll showed repeal of DADT was favored by 60 percent of weekly churchgoers as well as by 58 percent of those who identified themselves as conservative or Republican.

What’s next? The growing body of pending legislation at the federal, state and community levels requires our dedicated support. With the passage of each bill or resolution, we take another step toward true equality. We need to work tirelessly, each of us, and all of us together, to support every effort to improve civil and human rights. Please contact your local, state and Congressional representatives to push for their yes votes on all the current legislation. Open your pocketbooks a little wider. And, most importantly, continue talking to people every day, everywhere about how civil protections for the LGBT community strengthen the basic human rights of everyone. Equality will make us a stronger and prouder nation.

This article is part of an ongoing series of articles pertaining to legal issues in the LGBT community. Christopher Heritage is an attorney in Palm Springs, who focuses on LGBT estate planning, domestic partnerships, same-sex marriage, probate, trust administration, and consumer bankruptcy. He welcomes questions and comments, and can be contacted at 760.325.2020, or by email: chris@heritagelegal.com.