There’s Something Rotten in the Senate
The latest casualty in George Bush’s fiasco in Iraq is the
gay-inclusive hate crime bill, a victim of friendly fire in the U.S.
Senate.
Gay rights champion Ted Kennedy (D-Mass.) attached the measure to the
massive Defense Department reauthorization, saying it would inoculate it
from a Bush veto.
Instead, the Matthew Shepard Hate Crimes Prevention/Local Law
Enforcement Act has been dragged down along with the unending debate over
withdrawal from Iraq, which Democrats included in the same piece of
legislation.
Now the Human Rights Campaign tells us not to expect a vote on hate
crimes before Congress has its August recess, and says our
"congressional allies—including Senate leadership—remain
committed to getting a vote on hate crimes this year."
As much as HRC and its "allies" want us to believe they gave
it their all and their hands were tied, something smells rotten in the
Senate. It is the stench, once again, of gay rights measures languishing
in a Congress controlled by a party that says it is committed to our
equality.
In addition to hate crimes, there’s no talk at all of votes in the
House or Senate for the Employment Non-Discrimination Act, even though it
has majority support in both chambers. Insiders aren’t surprised.
Democrats and HRC have been hinting privately since January that "the
deal" cut with the party’s leadership is that only hate crimes
would get a vote this year. This "frustrating delay" is actually
just political theater at our expense.
If the Democrats really wanted to pass hate crimes quickly, they would
not have burdened the bill by linking it to easily the most controversial
piece of legislation in Congress. The hate crimes measure on its own has
bipartisan majority support in the Senate and so would pass if voted on as
a free-standing measure (or attached to something germane and not so
controversial).
There is the potential for filibuster, of course, which would raise the
bar to 60 votes for Senate passage, but there’s no guarantee (or even a
specific threat) that the Republicans would target such a popular measure.
The last time the gay-inclusive hate crimes bill passed the Senate, in
June 2004, the vote was 65 to 33, with 18 Republicans voting in favor.
That’s not only enough to overcome a filibuster, it’s just shy of
enough to override a veto.
But instead of progress, our equality is treated like a political
football to Howard Dean, Harry Reid and other Democratic leaders. In years
past, they called for votes on gay rights measures when the GOP controlled
Congress and they knew Republicans would kill them; now they sit on their
hands when they’re in control.
They do so not because they oppose our civil rights; their support is
real, if mostly rhetorical. But they know that if a hate crimes bill
passes, or even if it’s vetoed, the gays will start clamoring for a vote
on ENDA. If ENDA passes or is vetoed, then "Don’t Ask, Don’t
Tell" is next on the list.
And as we travel down that list, the political risk to Democrats grows.
Or worse yet, a lame duck Republican president might sign hate crimes or
ENDA, and the Democrats’ lock on being the party of equality would be
challenged.
It all boils down to this: Democrats have controlled Congress for six
months now, and no gay rights bill has made it onto their priority list
for passage. Now, according to HRC, all we’ve got is a
"commitment" for a vote on hate crimes "this year."
Even if that happens, that still leaves ENDA, "Don’t Ask, Don’t
Tell," and a half-dozen other gay rights bills languishing in
Congress.
And when "this year" is over, and maybe hate crimes at best
will have gotten a vote, we already know what we’ll be told because we’ve
heard it so many times before: 2008 is an election year, and gay rights is
too hot a potato to touch right now.
Now is the time to put up or shut up for those senators running for
president claiming they would show "leadership" on gay rights
from the White House. Hillary Rodham Clinton, Barack Obama, Joe Biden, and
Chris Dodd should show some "leadership" now and demand a vote
in the Senate on the gay rights bills that are pending.
To be clear, criticizing these Democrats is not to say Republicans are
better. Of course they’re not, and anyone who suggests otherwise should
have their head examined. But the question is whether our energy is better
spent complaining about conservative Republicans we’ll never change or
pressing "friendly" Democrats who actually control the fate of
our legislation.
Even our friends in Congress are politicians first and will take the
path of least resistance. We need to make action more attractive than
inaction for them. Look no further than the anti-war movement’s
unrelenting pressure and the way Democrats have responded. Only we have
the votes on our bills that they do not.
Now is the time to press HRC and the Democrats for a vote on hate
crimes by the end of the summer, and ENDA by the end of the year. Bring
our bills to a vote! Bring our bills to a vote!
Chris Crain is former editor of the Washington Blade, Southern
Voice, and gay publications in three other cities. He can be reached via
his blog at www.citizencrain.com.