May 30, 2008  |  By: JOSHUA LYNSEN  | COMMENTS     

A stalwart champion of civil rights legislation, Sen. Edward Kennedy has been a key supporter of gay causes for years.

He defended the dignity of gay couples when the U.S. Senate considered amending the Constitution to ban same-sex marriage in 2004. He’s received perfect marks on each Human Rights Campaign Congressional Scorecard.

But now that Kennedy has been diagnosed with a malignant brain tumor, some political observers are wondering what will happen to federal efforts to advance gay legislation if the Massachusetts Democrat is sidelined.

“No one really comes to mind as his heir apparent,” said Dan Pinello, a City University of New York government professor. “And it’s too bad that I can’t think of someone like that.”

Clyde Wilcox, a Georgetown University government professor, agreed. He said gay activists might not find another senator like Kennedy, who advocated for their every cause.

“I just don’t see anyone automatically stepping forward in my mind to do that,” Wilcox said. “I see lots of people who would be on the right side, but he did have a unique set of circumstances that has let him play that role for some time.”

Kennedy, who was first elected to the Senate in 1962, enjoys name recognition, Senate seniority and a liberal constituency. He easily won his eighth term in 2006 and maintains a high job approval rating.

Because of this, Pinello said, Kennedy could advocate for gay causes without fear of electoral reprisal.

“He’s been one of the strongest and most reliable backers of LGBT rights in this country in terms of high-ranking politicians,” Pinello said. “And that’s saying a lot for someone who’s held such high elective office for so long and really been an icon of his own party.”

But David Smith, HRC’s vice president of programs and a former communications director for Kennedy, said the senator didn’t just champion gay causes because he could. He did so because it was right.

“I think it’s in his DNA to fight injustice, and frankly I think it’s in his family’s DNA to fight injustice,” he said. “When he sees an injustice, he will tackle it. It’s just part of who he is.”

Smith said that quality has made Kennedy an important ally of gay rights proponents.

“There has been no stronger, more effective, more committed champion for LGBT equality in Congress,” he said. “Period.”

Consequently, gay activists are loath to consider life without Kennedy.

“I cannot even imagine a Senate without Sen. Kennedy,” Smith said. “It’s hard to even talk about it because I can’t even imagine it.”

But as Kennedy remained at home, reportedly weighing his treatment options, it was unknown what would happen to his legislative docket, which included the Employment Non-Discrimination Act.

That measure passed the House in November, but has not yet been introduced in the Senate.

 Kennedy was expected to seek a Senate vote on it this year. A spokesperson for Senate Majority Leader Harry Reid (D-Nev.) previously said that Reid would defer to Kennedy on the “strategy and timing” of such a vote.

It was unclear this week if another senator might take up ENDA in Kennedy’s absence or whether the bill might founder without Kennedy to lead the charge. Smith declined to discuss the situation.

“Legislative activities are not in our minds,” he said. “Wishing the best for him and his recovery and his family is what’s on our minds.”

Smith would not say whether HRC was preparing for the possibility that Kennedy, 76, might not be able to sponsor the measure.

“Our plan is to wish Sen. Kennedy a speedy recovery and to put our thoughts and prayers with him and his family,” he said. “That’s where our focus is and remains.”

The bill’s passage, however, might not hinge on Kennedy. Wilcox said any allied senator could take the lead on ENDA if Kennedy leaves the Senate.

“I would think that someone would take that up and say, ‘Look, Kennedy can’t be with us, but this has been a bill that he has cared about,’” he said. “If anything, you can imagine a little more reverential tone. ‘Win one for the Gipper.’ That kind of thing.”

Sarah Gegenheimer, a spokesperson for Sen. Hillary Clinton (D-N.Y.), declined to say whether Clinton would take the lead on ENDA in Kennedy’s stead.

Ben LaBolt, a spokesperson for Sen. Barack Obama (D-Ill.), said ...