Dec 15, 2006  |  By: LOU CHIBBARO JR.  | COMMENTS     

The Democratic-controlled Congress is expected to take up legislation in 2007 aimed at protecting gays and transgender people from job discrimination and hate crimes, but the prospects for bills dealing with other sexual orientation-related issues are less certain, according to activists and Capitol Hill observers.

Supportive members of Congress have introduced at least 10 gay- or AIDS-related bills during the past several years, including a measure to repeal the military’s “Don’t Ask, Don’t Tell” policy. Other bills call for allowing foreign nationals who are domestic partners of U.S. citizens to enjoy the same immigration rights as married spouses and call for domestic partnership benefits for federal employees.

Rep. Nancy Pelosi (D-Calif.), who will become Speaker of the House in January, is considered one of the strongest gay rights supporters in Congress and has signed on as a co-sponsor to all 10 gay- and AIDS-related bills dropped in the hopper in recent years.

“She has said ENDA and the hate crimes bills have received widespread, bipartisan support,” said Pelosi spokesperson Drew Hammill. “She said they would be expected to come up quickly.”

Hammill was referring to the Employment Non-Discrimination Act, or ENDA, which is expected to call for banning job discrimination in the private sector workplace based on sexual orientation and gender identity.

He also referred to the Local Law Enforcement Enhancement Act, which calls for giving the federal government authority to prosecute hate crimes based on sexual orientation, gender identity and disability.

The hate crimes measure has passed in the House and Senate in separate years only to be defeated in House-Senate conference committees at the urging of conservative Republican leaders.

The Human Rights Campaign, the nation’s largest gay political group, has said it will join forces with other groups to make ENDA and the hate crimes measure its top priority.

Rep. Barney Frank (D-Mass.), one of two gay members of Congress, said ENDA and the hate crimes bill would likely receive the highest priority among supportive members of Congress because they affect the largest number of people subject to discrimination.

In the House, the two bills will come before the House Judiciary Committee, whose chair, Rep. John Conyers (D-Mich.), is a strong supporter of both. In the GOP-controlled Congress that just ended, Republican leaders blocked the bills from moving out of committee, ensuring that they would not be considered for a vote.

Frank said the Democratic-controlled Congress also could be expected  to block gay-related bills, but only those that seek to take away rights. He said the Federal Marriage Amendment, which calls for amending the U.S. Constitution to ban gay marriage, will not come up for a vote in the new Congress.

Activists say this will free gay rights supporters to work on as many of the 10 gay- and AIDS-related bills as possible.

“None of these are a slam dunk,” Frank said. “There is still opposition. The important thing is for people to start lobbying.”

HRC legislative director Allison Herwitt said that HRC will give priority to ENDA and the hate crimes bill, but others won’t be far behind.

“While we focus on these two immediate priorities, simultaneously we’re going to continue to highlight the failure of ‘Don’t Ask, Don’t Tell’ and look for legislative opportunities to advance critical benefits and protections for GLBT families,” she said.

The Servicemembers Legal Defense Network, a national group that advocates on behalf of gays in the military, has called on Congress to pass the Military Readiness Enhancement Act, which would repeal the “Don’t Ask, Don’t Tell” policy. But SLDN spokesperson Steve Ralls acknowledges that this remains a hot-botton issue that could trigger strong opposition.

Rep. Martin Meehen (D-Mass.) introduced the bill into the House the last Congress but was unable to line up anyone to introduce the measure in the Senate. Ralls said a Senate version of the bill is expected in 2007.

“I don’t think we would see a vote on this any time soon,” Ralls said. “What we would like to see is hearings on this in the new Congress.”

The Uniting American Families Act, which calls for giving immigration rights to domestic partners of U.S. citizens who are foreign nationals, also faces uncertain prospects.

“We could not get any immigration bill passed,” said Frank, who added that adding gay immigrants to the mix is likely to stir up more opposition.

Congressional Delegate Eleanor Holmes Norton (D-D.C.) said the Democratic ...