commentary
Beyond the Briefs
New Congress will make strides for gay equality
Published Thursday, 30-Oct-2008 in issue 1088
If polls have any predictive value, next Tuesday the United States will take two steps forward and elect to the presidency a man whom the country’s founders would not have considered to be a “person” under our original U.S. Constitution back in 1787, when only white males who owned property had voting rights.
Equally as important, Democrats aim to capture close to 60 votes in the Senate, and should increase the party’s majority in the House.
If this happens, within the first 100 days of Congress reconvening, we should see passage of the Employment Non-Discrimination Act (ENDA), a federal Hate Crimes Act that would prohibit discrimination against employees on the basis of sexual orientation, and the amendment of the Defense of Marriage Act (DOMA), a federal law prohibiting federal agencies from recognizing any marital union not involving two persons of the opposite gender.
Further, Proposition 8 will be preempted, because what happens on the national level is far more important than the extortionists behind Proposition 8.
Their campaign, which last week stooped to extortion by threatening those who have contributed against the measure with boycotts and in-kind contributions in favor (the former being an empty threat, since the First Amendment protects against such), has some of us fearing that Proposition 8 may pass.
But even if it does, albeit by a slight margin, it will be null and void as soon as the Democrats win and the new Congress amends DOMA.
“Even if [Proposition 8 passes], it will be null and void as soon as the Democrats win.”
In doing so, Congress will give itself exclusive authority to recognize civil unions and render moot all state laws, such as Proposition 8, that don’t. Additionally, it may choose to deny funds to states that do not follow suit.
Marty Block is a true ally
On our local level, the 78th Assembly District has attracted millions because it’s the most competitive seat in the Legislature. Marty Block is a true ally on the most important issues in the GLBT community.
Block opposes Proposition 8 and supports GLBT equality. That has cost him in the district, with Block’s opponents using those positions in advertisements against him, particularly with black clergy and district media.
It’s not just that I’ve known Block since 1978, and I know he’s a phenom. It’s that he’s also going to be a transformative figure in the California Legislature. Because, while he is good on our issues, he’s also one of those rare persons who has the education, experience and intellectual capacity to understand the financial problems facing the state.
Marty Block will propose compromises that will help preserve a solid future for us.
Robert DeKoven is a professor at California Western School of Law.
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