Jul 10, 2009  |  By: Chris Johnson  | COMMENTS     

Many gay rights advocates celebrated the swearing in of Al Franken to the U.S. Senate this week, although they’re not expecting the chamber’s 60th Democrat to have a major impact on pro-LGBT legislation.

Sources familiar with LGBT issues are dubious about the significance of the new Minnesota senator’s presence in the Senate even though he has taken pro-gay positions and brings the Democrats to a filibuster-proof 60 seats in the chamber.

Dan Pinello, a gay government professor at the City University of New York, said the impact of Franken’s presence in the Senate will be “minimal” and said “it may be no more than 1 percent as one of 100 senators.”

“This magical number of 60 — in terms of having a Democratic caucus of that many — is really a political myth more than a reality because the Democratic caucus is not monolithic,” he said. “It doesn’t act with one voice.”

Pinello said the Democratic caucus has “a variation of ideology,” and noted Sen. Ben Nelson (D-Neb.) often acts as a conservative even though he’s voted for Democratic leadership, while Maine Republican Sens. Susan Collins and Olympia Snowe are more inclined to support pro-LGBT legislation.

Franken was sworn in as a senator on Tuesday by Vice President Joe Biden in a ceremony in the Senate chambers. Sen. Amy Klobuchar (D-Minn.), now Minnesota’s senior senator, and former Vice President Walter Mondale, a Minnesota Democrat and 1984 presidential nominee, stood by Franken as he took his oath.

Franken joins the Senate eight months after the November election — unlike other freshmen who took office in January — because his margin of victory was so close that it prompted a recount and his opponent, Republican incumbent Norm Coleman, contested Franken’s win in court.

Last week, the Minnesota Supreme Court asserted the validity of Franken’s 312 margin of victory — in a race in which 2.9 million votes were cast — enabling the senator to take his seat.

Franken comes to Congress after having taken pro-LGBT positions during his Senate campaign last year. He has expressed support for same-sex marriage, and in 2007, a Franken spokesperson told the Blade the senator would support hate crimes legislation, the Employment Non-Discrimination Act and legislation repealing “Don’t Ask, Don’t Tell.”

Allison Herwitt, legislative director for the Human Rights Campaign, called Franken “a really good friend to the LGBT community” and said he “certainly gives us a vote where we didn’t have one before.”

Franken’s committee assignments include seats on the Health, Education, Labor and Pensions Committee, which could mean that he would have a hand early on working to pass ENDA in the Senate.

The addition of Franken to the Senate gives the Democrats a 60-vote majority in the chamber. In theory, since 60 votes are required for a vote of cloture to end debate in the Senate, Franken’s presence gives Democrats the power to pass legislation without Republican support.

But Herwitt said winning support from GOP senators is still important in passing pro-LGBT bills because some Democrats may not be inclined to vote for such measures.

“I think that with the exception for hate crimes, which we do have a 60-vote count majority on now, [for] every issue that’s going to come up — whether it’s the Employment Non-Discrimination Act or benefits for federal civilian employees or anything decent — we’re going to have to work across the aisle with our Republican friends because we’re always going to lose some Democrats,” she said.

Steve Elmendorf, a gay Democratic lobbyist, said he doesn’t think Franken’s presence in the Senate “will change things much” even though the senator is “supportive and will be a great voice.”

Elmendorf said Democrats don’t truly have 60 votes in the Senate because Sens. Ted Kennedy (D-Mass.) and Robert Byrd (D-W.Va.) are often absent because of illness.

“One vote does not make a difference here,” he said. “It matters if you have a solid 60, and, unfortunately, because of circumstances beyond everybody’s control — health — we don’t have 60 people in attendance every day.”

Herwitt also said she doesn’t think having Franken’s vote in the Senate would prompt Senate leaders to bring up pro-LGBT issues more quickly than they would otherwise.

“I don’t think it’s going to be the reason that the leadership will bring up any of our bills because we have a Democratic leadership in the Senate that’s committed to moving pro-equality legislation,” she said.

Pinello said resolve from President Obama, rather than 60 votes in the Senate, is more important in prompting Congress to pass pro-LGBT legislation.

“If Obama says, ‘No, we’re going to have to wait ...