There is currently no federal law protecting individuals from job discrimination based on actual or perceived sexual orientation. This means that at any time, someone can be discriminated against, fired or not hired simply because he/she is or is perceived to be gay, lesbian, bisexual, or transgender.
Today in Civil Rights History: Lawrence vs. Texas Vindicates Due Process Rights of Gays and Lesbians
June 26, 2009 - Posted by The Leadership Conference
Today marks the sixth anniversary of the U.S. Supreme Court's historic decision in Lawrence vs. Texas, in which the Court held that the Constitution protects the fundamental right of consenting adults to make decisions about their private, consensual sexual activity without interference from the government, and invalidated a Texas law criminalizing private, adult, consensual sodomy.
Writing for the majority of the Court, in an opinion joined by Justices Breyer, Ginsburg, Souter, and Stevens, Justice Kennedy explained that the state cannot demean the existence of gay people or control their destiny by making their private sexual conduct a crime.
The decision overturned Bowers v. Hardwick, which had permitted laws criminalizing same-sex conduct. In his majority opinion, Justice Anthony Kennedy said: "Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled."
"This is an historic day for fair-minded Americans everywhere," said Elizabeth Birch, then-executive director of the Human Rights Campaign, at the time the decision was handed down. "We are elated and gratified that the Supreme Court, in its wisdom, has seen discriminatory state sodomy laws for what they are - divisive, mean-spirited laws that were designed to single out and marginalize an entire group of Americans for unequal treatment."
June 24, 2009 - Posted by The Leadership Conference
Nancy Zirkin, executive vice president of LCCR, speaking in support of ENDA at the bill's introduction on Capitol Hill on June 24, 2009.
Also pictured (l to r): Rep. Tammy Baldwin, D. Wis., and Rep. Jared Polis, D. Colo.
Although employment laws intended to protect people from workplace discrimination based on their sexual orientation and gender identity are on the books in local communities and states around the country, the Human Rights Campaign (HRC) Foundation reports that more than 3 in 5 U.S. citizens live in areas that do not have these laws.
Only 12 states and the District of Columbia have banned employment discrimination based on both sexual orientation and gender identity. Eight states have outlawed employment discrimination based on sexual orientation.
Many businesses are finding that it is becoming more and more important to have policies prohibiting discrimination based on sexual orientation and gender identity in order to remain competitive. The HRC Foundation found that 85 percent of Fortune 500 businesses now have non-discrimination policies that include sexual orientation, up from 51 percent in 2000. Thirty-five percent of Fortune 500 businesses have non-discrimination policies that include gender identity or expression. In 2000, only three Fortune 500 companies had this policy.
Today, the House of Representatives re-introduced the Employment Non-Discrimination Act (ENDA), a bill that would prohibit employment discrimination based on sexual orientation and gender identity in all states across the country. ENDA would extend the same federal employment discrimination protections currently given to race, religion, gender, national origin, age, and disability.
"We look forward to the swift passage of this legislation and seeing President Barack Obama sign it into law so that our nation can continue the progress it began in civil rights 50 years ago," said Nancy Zirkin, executive vice president of the Leadership Conference on Civil Rights.
June 22, 2009 - Posted by The Leadership Conference
Stonewall Inn in 1969.
Credit: Diana Davies
This Sunday, June 28, will mark the 40th anniversary of the Stonewall riots, the event largely regarded as a catalyst for the LGBT movement for civil rights in the United States. The riots inspired LGBT people throughout the country to organize in support of gay rights, and within two years after the riots, gay rights groups had been started in nearly every major city in the United States.
At the time, there were not many places where people could be openly gay. New York had laws prohibiting homosexuality in public, and private businesses and gay establishments were regularly raided and shut down.
June 4, 2009 - Posted by The Leadership Conference
Julian Bond, NAACP chairman, testified yesterday in support of the Uniting American Families Act before the Senate Judiciary Committee. The bill would give gay and lesbian U.S. citizens and permanent residents the right to sponsor their foreign-born permanent partners for legal residency in the U.S. The act does not provide any other benefits and all other immigration requirements must be met.
"It is because the NAACP supports the civil rights protections of all people, and is opposed to discrimination based on any criteria, that we support inclusion of the principles inherent in Uniting American Families Act in any comprehensive immigration reform," said Bond.
May 27, 2009 - Posted by The Leadership Conference
Last week, Secretary of State Hillary Clinton said that the State Department will guarantee equal benefits and protections to same-sex partners of American foreign service workers.
Many benefits provided to married couples have been long denied to same-sex partners, such as life insurance, health insurance, diplomatic passports, transportation expenses to overseas posts, and emergency evacuation of high danger posts.
Gay and lesbian diplomats and heterosexual diplomats have called upon the State Department to provide these benefits for several years. In February, Gays and Lesbians in Foreign Affair Agencies (GLIFAA) sent Clinton a letter signed by 2,200 foreign service workers, calling for equal benefits for same-sex partners.
The State Department has not said when the new policy will take effect.
April 16, 2009 - Posted by The Leadership Conference
Tomorrow is the National Day of Silence, the largest student-run action to end bullying and create safer schools for all, regardless of their sexual orientation or gender identity. Participants across the country take a vow of silence and only speak when necessary during the day to raise awareness about the problem of anti-LGBT bullying.
The first Day of Silence was organized in 1996 by students at the University of Virginia. A year later, nearly 100 colleges and universities participated. Last year, more than 8,000 middle schools, high schools, and universities participated nationwide.
This year students are choosing different ways to spread the word about the Day of Silence. Some are using Twitter to encourage people to participate. Others are wearing face masks with an "X" over the mouth to represent their silence or t-shirts with messages like, "Gay? Fine by me."
According to the National Youth Violence Prevention Resource Center, almost 30 percent of youth in the U.S. are involved in bullying, either as a bully, a target of bullying, or both.
In recent years, numerous incidents of children committing suicide because of being bullied have made the news. On April 6, an 11-year-old boy named Carl Walker-Hoover hanged himself after enduring daily taunts of being gay and tormented by his peers. Hoover, who did not identify as gay, would have turned 12 today.
March 23, 2009 - Posted by The Leadership Conference
Under current law, U.S. citizens and legal permanent residents can sponsor their spouses or fiancés for legal residency to the U.S. However, gay and lesbian U.S. citizens and legal permanent residents cannot.
There are nearly 40,000 binational, same-sex couples living in the U.S., according to census data. However, the current policy often tears these couples apart once the visa of one expires or forces many couples who do not want to be separated to leave the country.
In addition, many same-sex couples live apart because one partner is not permitted to live in or even travel to the United States.
Since 1965, the priority of U.S. immigration policy has been to make it possible for families to be reunited here in the U.S. The U.S. Immigration and Nationality Act of 1965 ended earlier policies that prioritized immigrants from Europe and replaced them with a system that prioritized family immigration.
Since 1965, between 50 and 70 percent of the visas that have been given out have gone to family members of U.S. citizens and legal residents.
The Uniting American Families Act, introduced last month in Congress, would give gay and lesbian U.S. citizens and permanent residents the right to sponsor their foreign-born permanent partners for legal residency in the U.S. The act does not provide any other benefits and all other immigration requirements must be met.
Nineteen other countries have passed similar laws already.
March 19, 2009 - Posted by The Leadership Conference
On March 17, President Obama announced that he will formerly support a United Nations statement that calls for the decriminalization of homosexuality worldwide.
Though it is non-binding, the statement acknowledges that GLBT people around the world are subject to "violence, harassment, discrimination, exclusion, stigmatization and prejudice" and states that human rights "apply equally to every human being regardless of sexual orientation or gender identity." It is the first time the U.N. General Assembly has formally addressed human rights violations based on sexual orientation and gender identity.
When the declaration was introduced to the U.N. General Assembly in December 2008, it was supported by 66 U.N. member nations. The U.S. was the only western country that didn't sign the statement at that time. Former President Bush opposed the declaration, arguing that it raised legal questions that required further review.
Currently, nearly 70 U.N. member nations have laws banning homosexuality. And in some countries, homosexuality can be punished by execution.
March 6, 2009 - Posted by The Leadership Conference
This Sunday, Showtime will air the final episode of The L Word, the first lesbian drama on U.S. television. The Human Rights Campaign (HRC) and Showtime will sponsor viewing parties in 16 cities.
"The time to say goodbye to The L Word has arrived," said Joe Solmonese, president of HRC. "For six seasons, The L Word has brought loving, honest portrayals of LGBT lives into millions of homes. This visibility is crucial to opening hearts and minds."
The show follows the lives of a group of lesbian, bisexual and transgender women living in Los Angeles. It has been praised for breaking stereotypes. In 2008, Ilene Chaiken, series creator and executive producer, won the Gay & Lesbian Alliance Against Defamation's (GLAAD) Davidson/Valentini Award, "an honor given to an openly gay media professional who has made a significant difference in promoting equal rights for the LGBT community."
Since the show premiered in 2004, the number of LGBT characters in network scripted comedies and dramas has increased. According to a GLAAD report, there were 16 GLBT characters on the five major networks at the start of the 2008-2009 television season, which is the highest number ever.
The first regular lesbian character on U.S. television appeared in 1988.
March 4, 2009 - Posted by The Leadership Conference
People marching in a snowy Chicago to show their support for repealing the Defense on Marriage Act (DOMA).
Photo Credit: Michael Lehet
Yesterday, Gay & Lesbian Advocates & Defenders (GLAD), a Boston-based legal rights group, filed a lawsuit in the U.S. District Court in Boston, challenging a federal law that denies spousal benefits to same-sex married couples.
GLAD filed the lawsuit on behalf of 15 married and widowed same-sex couples who were married after Massachusetts granted same-sex couples the right in 2004.
The Defense of Marriage Act, a federal law passed in 1996, denies same-sex married couples federal benefits that opposite-sex married couples have, like Social Security benefits and tax deductions for couples who file their taxes jointly.
To date, same-sex marriages are only legal in Massachusetts and Connecticut; however, under DOMA, the federal government does not recognize them.
The case is likely to go all the way to the U.S. Supreme Court.
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