It’s 2012 and Congress is debating a new bill titled “The Equality & Religious Freedom Act.” It’s scope is wide reaching: It requires the federal government to recognize same-sex marriages, civil unions and domestic partnerships legalized by states, it turns Employment Nondiscrimination Act into an amendment to the 1964 Civil Rights Act and adds to it protections from housing, public accommodation and credit discrimination, it overturns Don’t Ask- Don’t Tell and the Defense of Marriage Act, it enacts the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act and protects foreign-born partners of same-sex couples, granting them citizenship the same way straight couples do.
Sounds pretty good, right? Well, a Florida based group called eQualityGiving.org is trying to make it a reality. You can read the proposed bill as PDF here. Here’s why an omnibus gay rights bill is a terrible idea.
“We feel the less you ask for, the less you get.” says Juan Ahonen-Jover of Miami, a gay philanthropist and co-founder of eQualityGiving.org. The group retained Karen Doering, an LGBT rights lawyer and former staff attorney for the National Center for Lesbian Rights to draft the proposed legislation, which would put all the various gay rights issues that have been fought separately into one big package.
The idea isn’t entirely without merit and as a thought experiment, the idea of a sweeping omnibus bill is appealing, if only because it forces a discussion about why such a bill is impractical. On one hand, much of the recent success the gay community has had in raising its profile is by demanding political action and forcing politicians to make clear their support for or against gay rights. This, “storm the gates” strategy has yet to result in any actual change in legislation or policy, but it has enormous value in making the case for gay rights to the larger public. A gay omnibus bill, were it able to escape from committee, would undoubtedly incite a national debate on our rights and just why, exactly, gays and lesbians are treated as second-class citizens.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
The problem, of course, is that Congress, even with its current Democratic bent, is as likely to pass a bill like this as it is to pass a bill guaranteeing each and every American their own personal panda bear. The Human Rights Campaign, through spokesperson Trevor Thomas, said of the idea:
“The underlying objective of this proposed approach is laudable. There is a long list of legislative priorities that need to be achieved, but packaging all of these ideas together will not make passage easier. In fact, re-packaging this legislation would require us to rebuild the support that the existing bills have garnered over the years from civil rights, labor, and business groups. What we need is a lot of hard grassroots work and all hands on deck.”
The tension between idealism and strategy is nothing new for the gay rights community, with many lambasting Rep. Barney Frank’s decision to bring a version of ENDA to the House last year that did not include trans rights. It’s an interesting dilemma. HRC is continually criticized for its “wait and see” approach to gay rights legislation and yet, does anyone think that “The Equality & Religious Freedom Act”, which includes everything but the kitchen sink could possibly be a viable piece of legislation? If you do, I’d like to sell you a condo in the new gay rights mecca of Wichita.
At the risk of being accused of betraying our principles, we think a gay rights omnibus bill is at best, a distraction. There are many worthy pieces of legislation, particularly ENDA and the Matthew Shepard Hate Crimes Act, which are within striking distance of passing. Grand gestures have their place, but with gay Americans still lacking basic federal protection from discrimination, we’ll take the practical over the poetic, the achievable over the inspiring. When it comes to demanding our equality, we should stand on principle. When it comes to making it happen, we ought to be pragmatic.
Duffman
Slow and steady wins the race.
frisky
I want a panda bear!
InExile
Slow and steady has produced nothing of substance. Of coarse HRC does not like the bill, if it passed they might loose those high salaries and star studded Gala events. If HRC is so concerned with producing actual results, why are they not pushing for ALL the items listed under civil rights on whitehouse.gov? They are not taking the bull by the horns which means other groups with less resources need to try to produce some “concrete” results. What exactly has HRC produced as far as real results you can hold in your hand? What?
Alec
By 2012, that may be practical. Change has been swift on gay rights.
There’s been no concrete legislation (apart from anti-gay legislation) at the federal level. An omnibus bill that includes relationship recognition might be impractical, but I could easily see one sweeping aside DADT, passing ENDA and enacting hate crimes legislation all at once.
As far as DOMA and relationship recognition, I’m not very optimistic about this Congress. Which is why I think we need to make certain we get fair thinking judicial nominees. It will take a federal court decision to eliminate the anti-gay state constitutional amendments (which are of rlativey recent vintage; the first passed in 1998, after all, and a lot has changed since even 2004).
atdleft
@Alec: I hope you’re right about change coming swiftly. We need it!
@InExile: I’ve been wondering the same thing. What is HRC doing? Maybe this “omnibus LGBT rights bill” isn’t a great idea, but we need to see far more results than the great bundle of nothing we’ve seen in the past 20 years.
Jeff
@Duffman:
How much slower do you want to go?
REBELComx
Slow and steady has NEVER won a civil rights issue, Duffman. We can’t get much slower than we already are going now. This fight has been going on FAR longer than just this modern 20th century American fight.
I’d like to impart a little more history to whoever actually reads this stuff. So here is a short time line of famously oppressed peoples and their rise to power.
BCE – Before Common Era
CE – Common Era, often AD
Christian demonization – 64CE after Nero blames them for the Great Fire of Rome. The Christians are seen as (and for the most part, act like) terrorists and are rounded up and executed.
Christianity in charge – 324CE after Emperor Constantine declares himself to be a Christian. It becomes the official state religion, despite the fact that Christianity is still only a minority religion throughout the empire, in 380.
Time between Worst Point and In Charge – 260 years
Black Slavery begins in US Colonies – 1654 CE when slavery for life is officially legal within the boundaries of the colonies.
Black Man elected US President – 2008 CE when the country elects Barack Obama to its highest office.
Time between Worst Point and In Charge – 354 years
Gay is OKAY – As early as 12,000 BCE, there is record of ancient man creating artifacts and artwork suggesting an appreciation of homo eroticism. Before and outside of ancient Judea, homosexuality was not uncommon. Most of the ancient world was fine with, even sometimes saw as holy, homosexual activity. Homosexuality and gender-swapping stories exist in every ancient cultures’ myths and legends. Many biblical scholars and historians often state that the law against homosexuality in Leviticus (dating back to around 550 BCE) was created as a secular law (not a spiritual one) in order to further set the Hebrews apart from their Caananite neighbors and to enforce the idea of a tight knit family and reproduction for the small, often invaded community. So, besides the post-Exodus Jews, no religion or nation in the ancient world had express laws against homosexuality. The first officially documented same sex marriages occur around 27 BCE.
Gay Demonization starts in the West – 342 CE after the Christian Emperors of Rome (Constantine’s sons Constantius II and Constans) pass the first law against homosexual marriage. 48 years later, Emperors Valentinian II, Theodosius I, and Arcadius declare homosexual sex to be illegal and those guilty to be burned alive in public. The empire continues to collect taxes on male prostitutes, however, for another 108 years. In 529, Emperor Justininian I says homosexuals are the cause of famines, earthquakes, and pestilences.
Time from No Problem to Mass Demonization by the Christianized Roman Empire – 12,342+ years.
It has been 1,667 years since the first laws against gay marriage were passed by an increasingly conservative religion controlled government. And now, coming up on 2009, we aren’t even treated as equals, let alone In Charge (which isn’t what we’re looking for). Too much too soon? I THINK NOT!
ggreen
The way to win is through consistency. Gay rights and Marriage equity laws need to be passed every year even if the president vetoes them. How do you think Wall Street became so influential? By passing anti-regulation bills every year for years on end. A little at a time but always more and more. Gay rights and marriage rights are going to cost big time. Money is the only thing that moves congress. Doing the right thing is a lost cause for the House and Senate, they don’t know what that is. The US will never have another leader like Lyndon Johnson to pass civil rights legislation because it was the right thing to do. Never. Money and lots of it is the only way.
alan brickman
Pandas are cute!!
Chitown Kev
Hmmmm…let’s see what happens in the midterm elections. We may even get some incremental progress (ENDA or hate crimes) in civil rights by that time. And if it’s a Dem sweep yet again, let’s go for it.
Alec
@Chitown Kev: The problem with that is that we’re becoming dependent on the “just another Democratic victory” argument. That was the argument used in 2006; it can’t be the argument in 2010. One because victory isn’t assured; the Democrats may lose seats (probably not, but it is possible; look at what happened in 2004 to the Republicans). Two, we need to push this while Obama is in office and the Democrats have a huge seat advantage in both chambers. I doubt the New England three would support a filibuster of these bills, so now is the time to push before more conservative forces can organize to defeat them.
This is extremely frustrating, because the Democrats are effectively allowing the Republicans to require supermajority rule in a way that was never enforced from 2000-2006. But the idea that we should just wait is dangerous. Now.
Chitown Kev
@Alec:
Oh, I am all for pushing various individual bills between now and at the time the 2010 election campaign starts in full gear around Feb. 2010. I am not proposing that we wait if we are talking about incremental legislation like ENDA, the Matthew Sheperd Act, DADT, etc.
For an omnibus gay civil rights bill, though, which would be inclusive of the entire gay civil rights agenda (which would include marriage equality)I don’t think now is the right time. Do you?
Chitown Kev
@REBELComx:
uh, the Christians were not acting like terrorists in 64 CE. They were a rabble rousing sect of Judaism, to be sure, and the Emperor Claudius may have had to ask them to leave Rome but according to the ancient sources, they don’t seem to be terrorists in the sense that that uppity slave Spartacus was in the previous century. And the treatment of Christians under the Empire varied greatly from Emperor to Emperor.
Chitown Kev
@REBELComx:
#2) Rebel, the gay civil rights struggle could actually be dated to ancient Greece and the denial of civil rights to Timarkhos (?) whose male prostitution was thought to be a threat to the state and he was being denied basic civil rights such as the ability to bring a lawsuit…
That occured somewhere in the 350s BCE.
Alec
@Chitown Kev: It would depend on how that bill was written. A bill simply proposing that the federal government recognize civil unions, domestic partnerships and marriage where they are already recognized and performed? Sure. I think, if not now, then within a year or two.
That bill wouldn’t need to be a full scale repeal of ENDA; the provision on recognition by other states could stay. Now, should that be part of an omnibus bill? I would say no, for now. By 2011, though, if there haven’t been any full senate votes on ENDA, hate crimes or DADT? Absolutely.
I do think an omnibus bill for DADT, ENDA and hate crimes might be successful. Relationship recognition could be problematic if included, but I think the other three would have a good chance of passing as one bill.
Chitown Kev
@Alec:
We don’t disagree.
I am reading Gary Mucciarioni’s “Same Sex, Different Politics” now and he thesis (which I agree with) is more or less the same, that non-relationship oriented legislation should be easier to get through, as there is wide public support for it.
A non-relationship oriented omnibus bill IS a good idea in this session of Congress.
Chitown Kev
@Chitown Kev:
“his thesis,” I mean.
strumpetwindsock
@Alec:
I agree.
Any legislative decision can be wiped out as soon as another government gets into power – or by the bigots taking it to the Supreme Court. That’s why I think you ultimately have to pick the right time and the right question and get it into court first.
As I said, in another thread, I think your top court have shirked their responsibility by leaving lawmakers without any backup on this issue. Politicians should not be forced to make a decision on human rights based on whether or not they think they will be voted out of office. That is just another form of tyranny of the majority.
And it’s pointless, because sooner or later the court will be forced to rule anyway.
@REBELComx:
Interesting points, but I don’t think you can equate the timelines. Slavery has existed unbroken as long as society has, and it is not dead.
And although the U.S. doesn’t recognize same sex marriage, many countries do, and our countries did not exist in Roman times.
But I do get what you are driving at. I think that radical changes (women’s suffrage, slavery, universal healthcare, the divne right of kings) which opponents think will break society apart are usually resolved swiftly – at least within individual countries.
Again, I think gay rights will be recognized only when there is a swift and decisive decision. Until you have the critical mass for change (and I don’t mean voting numbers) it will just go back and forth.
...
We have to be very clear that gay rights are civil rights.
We have to make it understood that this is something that we need.
We want it. We deserve it. We’re going to get it.
We know that we’re on the right side of history so it’s time to stop fucking around.
rogue dandelion
All i can think about his how much more likely the passage of this bill would be if we all had our own panda bears.
Captain Freedom
@InExile:
THANK YOU! I am so glad someone else finally realized how phony and dishonest the HRC is. FUCK EM! Our lives are not improving with their high salaries and galas that they CONSTANTLY brag about.
My favorite part was a few days after the 08 election when they sent a letter our saying “What a great night the election was. We got more Democrats in office and it was a great night for LGBT equality.” Or something like that.
We need an omnibus bill. Because it will put more pressure on every Washington politician. If they reject marriage they also reject 80% of the other things they are supposedly for. This is genius! We will always have time to push more LGBT friendly legislation. But I agree that this bill is a great idea and should be pushed.
Furthermore, I do not donate to HRC and urge everyone else to do the same.
Cam
The Human Rights Campaign has been against Marriage from the beginning. They ONLY reason they stopped fighting it is they realized that it had reached a tipping point with the grass roots gays and it was here to stay as a topic. They have advocated these tiny little incremental steps for years with the result that not one of their tiny incremental steps has passed. Oh, but they sure do throw an expensive party every year with the money that we send in to them. Frankly if we had full gay rights they wouldn’t have jobs anymore so after their years of doing nothing I really don’t take anything they say at face value. They are nothing but mediocre lobbysts trying to make sure their expense accounts stay well funded.
InExile
We are all in danger here! If nothing passes soon, we will be too close to the next election cycle and we will end up with nothing! What if the next election produces more GOP in the house and senate? And what if Barak Obama does not win re-election and instead we have a President like oh Jeb Bush or maybe a religious leader like Rick Warren?
There is no time to wait! We must start protesting non-stop until we reach equality, the time is right now! When is the march on Washington for equality?
There is an article today on queerty.com about people being put to death in Iraq for being gay. Do we have to wait until something like this to happens here the US to get protests going on a large scale for equality? The Prop 8 protests went away very fast!
REBELComx
@Chitown Kev: The Christians within Rome, before taking over the empire, were more like our modern day Taliban. They caused riots and attacked the people leaving Roman temples. Their mass round up by the Empire was not PERsecution as the Catholic church would like to teach and has for so long, but PROsecution. But you are right that the Christians experienced different treatment depending on their location in the empire and which emperor was in charge of the region and the time. This was especially true AFTER they gained power, with the empire in the west constantly shifting between the Christians persecuting the pagans, them being just OK with the pagans, and the pagans restricting Christians rights.
And as far as Timarkhos goes, the man was a prostitute in his youth (as in early to mid teens). The fact that he was homosexual was not the issue, but that he was a prostitute. Prostitution, while common and perfectly legal, was still considered shameful. In most of Greek society, these young male prostitutes were denied full citizenship rights when they came to adulthood. But many of them became celebrated members of society. But again, it was not that they were gay, but that they were whores. There was an awful lot of male lovin’ goin’ on without the prostitution.
Chitown Kev
@REBELComx:
Well, in the Timarkhos’ case it wasn’t even that he had one man, the invective against him was than he he bankrupted several men. And no, I believe that if a boy prostitute stayed to one man, he was still extended full citizenship rights. And prostitution was shameful for an Athenian male, not a foriegn male. For example, there were female prostitutes that were non-Athenians that studied at Plato’s Academy.
Uh, but no, Nero scapegoated Christians (I would go so far as to say Nero really created Christians by separating them from Jews once and for all) them pure and simple, even Tacitus says as much. And according to the Roman sources, the Christians (as a matter of faith) simply did not want to participate in the
Imperial/public rituals.
Jews were exempted from those publicv Imperial rituals because the Romans respected the antiquity of their religion.
And yes, if only Julian had suceeded in restoring the pagan gods to Rome as he attempted to do, then we would be looking at a very different history.
Chitown Kev
@REBELComx:
And if you want to talk about Talibangelists, look no further than the demogogues like Cleon in Athens during the Athenian War with Sparta (with Aristophanes as their main propagandist). Look at the Talibangelists that put Socrates to death.
I’m not defending the Christians per se, but they were far from the first Talibangelists in history. Plus, I enjoy classical history.:)
strumpetwindsock
@Chitown Kev:
And there were also the original zealots from Herod’s time.
I expect you know more about this than I do; how much was it a matter of Christians taking over, and how much was Constantine co-opting a strong social movement to use it to the empire’s advantage?
The story of his battlefield conversion notwithstanding, I have read reports that he remained a sun worshipper. As well, the changes he made – not changing the church so much as CREATING the church as we know it today, grafting mithraism and other traditions on to the Jesus myth – speak more of opportunism than religious zeal.
It’s strange that the Roman church’s history has always been one of muscling for power – from the schism with the eastern churches to bullying both traditional faiths and kingdoms in Europe.
REBELComx
@Chitown Kev:
But again, it wasn’t that Timarkhos was gay, it’s that he was a prostitute. And Athens wasn’t the only Greek state. The general populace considered prostitution to be a shameful business no matter who participated. These are people who also had strict rules and taboos even regarding their gay sex. No fellatio, no penetration. And a prostitute was denied full citizenship rights in most cases. The younger lover in a pedastric relationship on the other hand was usually already a citizen and was guaranteed rights.
Unfortunately we’ll never really know what really started the fire. There isn’t really any more evidence to support that Christians did it than there is to support that Nero started it himself to make room for the massive palace he built upon the ashes. And the Jews were exempt not so much because of their history, but because of the Roman view of religion in the first place…which was syncretic. They didn’t care who you worshiped because they saw other cultures’ gods as analogs of their own. They weren’t rounding up the Norseman or the Celts based on religious differences. I do sincerely wish Julian had succeeded. Rome didn’t fall until it became a widely Christianized nation. And that set us back as a society in every way by nearly 1000 years, partially thanks to the church being in charge most of that time. I’m convinced the “I’m a sinner and need to be saved” attitude of Christianity and the accompanying self-loathing psychology that it inflicts on the general populace had something to do with Rome’s fall. Give an entire nation a guilt complex and see how long it takes them to self destruct.
I guess every culture has had their Taliban-like sects. In the end, there isn’t much difference between Osama Bin Laden and Jerry Fallwell…oh wait, one’s dead.
Chitown Kev
@strumpetwindsock:
Well…I suspect that has more to do with the Roman part than the Christian part.
And no, if you were a foriegner, prostitution was acceptable.
Do read Tacitus on the special legal provisions regarding the Jewish exemption from the laws regarding religious observance
Well, yes, the Romans were much more tolerant in most respects but there were some cults that would have a hard time. Caligula (bad example) attempted to put an idol in the Temple in Jerusalem. Several Emperors prior to Constantine cracked down on the cult of Isis (Tiberius being one), which was the main comeptitor of the Christians.
And remember, you still had to give at a public nod to the Roman Gods. In polytheism, it was easy enough to find another culture’s god that was similar to a god in your own culture. The Christians did not any heed to the Roman Pantheon. Hence that troublesome exchange of letters between Trajan and the Younger Pliny.
Chitown Kev
@REBELComx:
#29 was for you, not strump…
Chitown Kev
@REBELComx:
And you know that I would have to know that Athens is practically the only Greek city-state that we have any literary evidence from (even the Iliad and the Odyssey was finally put to “paper” in Athens under Solon (?). Any evidence from any other Greek city-state is archeological.
What is a strange coincidence…In spite of Juvenal being a Roman version of Rush Limbaugh, the Romans were also more tolerant of racial differences as well (though there was still racism).
Chitown Kev
@strumpetwindsock:
Oh, Constantine was co-opting, to be sure, in order to save the Empire.
strumpetwindsock
@REBELComx:
Well we don’t absolutely know why Rome fell (though the Eastern Roman Empire, established by Constantine, actually lasted until the Ottomans took Constantinople in the 1400s).
But I think the actual causes are incidental; empires only last so long and get so big before they lose their centre and disintegrate. Look at how long Rome lasted compared to our current ones.
And though the empire was followed by a long dark age, I think we should be happy that evolution took place. I much prefer our current government.
Chitown Kev
@strumpetwindsock:
But as far as the political setup of the Republic was concerned, I think the Romans were as much as 1000 years ahead of it’s time. Americans would do well to look at the reasons for the downfall of the Roman Republic instead of the Roman Empire.
strumpetwindsock
@Chitown Kev:
Probably further ahead than that.
The Icelanders had the first European parliament in the 900s, but they were a tiny country. Britain’s parliament only started to develop legs in the 1600s
The Romans and the Greeks were far ahead in many things. The myth that Columbus discovered the earth was round is laughable when you consider the Greeks had a fair idea of the size of the earth and the distance to the moon and sun in 300 BC.
And yes, the lessons of history. Never mind the Republic – I don’t think many people even remember Eisenhower’s warning on the subject.
And the ironic thing is that the hated RC Church (and yes, I hate them too) is largely responsible for carrying the seed of culture through those dark ages (in a warped form, certainly). Had it not been for those monks and their busy pens we would know likely know very little about the Greeks and Romans.
bigjake75
I hate to sound like a broken record, but if we cant get a democrat president to let us serve our nation openly…then what the hell are we talking about.
bigjake75
@Alec:
you are right. we cannot wait. nothing wrong with building coalitions, but a grand movement will educate many americans on just how second class we are in the eyes of the law. I believe that most americans are fair, and if they truly see who the law discriminates, they will move in our direction.
BrianZ
OMG How do I get a panda?!? I want one tewwww!
Here’s my take: If they are pushing to better our civil rights injustices then we should support them.
I am highly amused by your last paragraph. I can’t decide if you, Japhy, are trying to be royal in your use of “we” or if you really have deluded yourself into thinking you speak for the gay community in some authoritative, meaningful way.
The only tension I see here is among those who are out there DOING something and someone HERE (again, Japhy) trying to make a buck talking about people doing something.
todd
The trickling piecemeal legislation is going nowhere. It needs to be big, Federal and Uncompromising! Of course, we could wait another 2 years, or another 4 years, or another 6 years – but for what? If you want rights – DEMAND THEM! TAKE THEM! But don’t wait for them…
GranDiva
I want a panda bear and a polar bear!
Hell, I’ll take just about any kind of bear…
getreal
@todd: I could not agree more! I say use the civil rights movement of the 60’s as a blueprint. Let America seen every night on their TV’s LGBT people and straight allies marching for equality and let them start to feel guilty for not being a part of this movement. Let the inherent injustice of these laws seep into their bones.
Dan
I’m real skeptical that the Equality and Religious Freedom Act can pass in the near future. To this day, neither women nor African Americans have such a law.
There are essential protections that we can’t do without, like ENDA and marriage rights. I don’t want to divert resources from those fights, which we have a good chance of winning in the near term.
Chitown Kev
@strumpetwindsock:
Don’t forget the Muslims as far as the preservation of Greek philosophy is concerned.
strumpetwindsock
@Chitown Kev:
Yes, of course… and through the Byzantium,
strumpetwindsock
@Chitown Kev:
Yes, you are right… and also through Byzantium, and the Islamic and Jewish cultures of Spain through the Cathars.
(Never mind if paganism had been restored in Rome… think of what Europe might be like if the Cathars had won the war.)
Plus Islamic culture was much more advanced than Europe through much of that time. But it is interesting that despite their evils (and probably only because they had a lingua franca – Latin – and cloistered monestaries) the Roman Church was able to keep a skeleton of culture, hospitals and universities alive at a time when the kingdoms of Europe had neither resources nor interest to do so.
In that respect it’s perfectly understandable why they gained power. They were in many ways evil, but they kept the trains running.
Chitown Kev
@strumpetwindsock:
Hence the Roman Catholic Church. I’ve always thought that the most important part of that title was “Roman.”
J Todd Fernandez
A VISION with A COLLECTIVE call to Action: ALL RIGHTS FOR ALL! ALRIGHT!!! Our struggle has lead us here – let’s go for the gold! It’s inevitable, and on the substance, it’s right! Let strategy follow substance, not form, particularly ineffective stale form.
J Todd Fernandez
@Cam: here here