National Roundup

U.S. Congress

With Democrats in control of both houses of Congress, 2007 looked to be a banner year for advancing fairness for LGBT Americans. But as 2008 approaches, three pro-fairness bills have stalled on Capitol Hill.

House Legislation to repeal the "Don't Ask, Don't Tell" policy barring openly gay Americans from military service has languished in committee, despite bipartisan support and 136 co-sponsors.

The Matthew Shepard Hate Crimes Act, which would include sexual orientation and gender identity in existing hate crimes protections, passed the House of Representatives in May. In effort to get around a White House veto threat, the Senate attached the measure to a must-pass defense authorization bill, which passed in September. Last week, as the two chambers sought to reconcile their versions of the defense bill, Democratic leaders in the House successfully pressed to drop the Shepard Act.

The Employment Non-Discrimination Act (ENDA) grabbed headlines this fall when House leadership, with the support of openly gay Massachusetts Rep. Barney Frank, stripped the bill of protections based on gender identity. The House passed the non-inclusive ENDA in November, over heavy protest from LGBT activists. The legislation bans discrimination against lesbian, gay, and bisexual workers in decisions about hiring, firing, promotion, and wages. Sen. Ted Kennedy of Massachusetts has said he wants to introduce a Senate version before the session ends, although it is unlikely such a bill would come to a vote.

Only two members of the Kentucky delegation have cast pro-fairness votes this year. Rep. Ben Chandler of Kentucky's 6th Congressional District and Rep. John Yarmuth of Kentucky's 3rd District voted "Yes" on both ENDA (HR 3685) and the Matthew Shepard Act (HR 1592). Neither has signed on as a co-sponsor to repeal "Don't Ask, Don't Tell."

Wisconsin

A legal challenge to the anti-marriage amendment approved by Wisconsin voters in 2006 has cleared its first hurdle.

William McConkey, a professor of political science at the University of Wisconsin-Oshkosh filed suit in state court, claiming the amendment improperly addressed two separate issues. Wisconsin's constitution requires amendment proposals to address only one issue at a time.

Assistant Attorney General Thomas Balistreri filed a motion to dismiss the case, on grounds that McConkey lacked standing to bring the action. Judge Richard Niess disagreed, ruling that McConkey's rights as a voter had been violated.

By banning both same-sex marriages and civil unions, Niess reasoned, the amendment question denied voters the right to consider each issue separately. He said requiring voters to vote on a "constitutionally defective" question amounted to "demonstrable injury."

McConkey's suit will continue. Niess's ruling does not indicate what the eventual outcome will be.

Georgia

The city of Doraville has elected Georgia's first openly gay Republican to its City Council.

Brian Bates, a 36-year-old business owner, has a strong history of involvement in the community, which he credited as key to his victory. Bates earned 58% of the votes in the non-partisan election.

"I am gay and there's no reason to hide it," he told the Atlanta Journal-Constitution. "It really didn't come up with my conversations with voters and for the most part, I don't think they care."

Georgia Equality, KFA's sister organization within the national Equality Federation, says Bates is the first openly gay Republican to win a race in the deep south.

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Pennsylvania

Philadelphia's Cradle of Liberty Council of the Boy Scouts of America faces eviction from its historic downtown headquarters - a result of the Boy Scouts' national policy of discrimination against gay people.

The U.S. Supreme Court ruled in 2000 that, as a private organization, the Boy Scouts have a First Amendment right to bar gays from joining. That policy has placed the Cradle of Liberty Council at odds with Philadelphia's citywide anti-discrimination law.

Since 1928, Cradle of Liberty has leased its headquarters from the city for $1 a year. City officials said they could not legally continue the rent subsidy, and the City Council voted in May to revoke the lease. The Scouts will have to find new headquarters, pay the fair-market rent of $200,000 per year, or publicly renounce the membership ban on gays and atheists.

Cradle of Liberty officials contend they cannot admit openly gay members or leaders without violating their charter from the national scouting organization.

Tennessee

Tennessee Attorney General Bob Cooper issued an opinion in October stating that same-sex couples are eligible to adopt children. Cooper found neither constitutional or statutory grounds on which to deny gay couples the chance to become adoptive parents.

Under current state law, prospective parents must be at least 18 years old. A judge making a final adoption order must only find that the parents "are fit persons to have the care and custody of the child," Cooper wrote.

In 2005 the Tennessee House of Representatives considered a bill to bar gay people from adopting. It was later amended to give preference to heterosexual married couples over singles, but failed in committee.