commentary
Beyond the Briefs
The top 100 laws to get gays on same page
Published Thursday, 29-Jan-2009 in issue 1101
Now that we have a democratically controlled Congress and a president who’s making human rights a priority, its time to get the GLBT community on the same page legally as the rest of the population. In the first 100 days of his administration, President Barack Obama needs to take executive action on 100 outstanding inequities. Doing so would not constitute giving GLBT people special treatment; it would merely place us on the same page as others. In this two-part column, I outline what needs to be done.
Include sexual orientation and gender identity in federal hate crimes law
Include sexual orientation in the definition of federal nondiscrimination in employment law
• Eliminate Justice Department funds to states without state hate-crimes laws protecting GLBT people
• Eliminate stimulus funds to states that do not protect gays in the workplace
• Eliminate funds to states that do not protect against marital- (or relationship-) status discrimination
• Eliminate funds to states that do not provide same-sex couples with benefits comparable to those that straight married couples receive
• Repeal “Don’t Ask, Don’t Tell” (DADT)
• Convert dishonorable discharges to honorable discharges for those discharged under DADT
• Pay veterans benefits to previously discharged GLBT soldiers and their dependents
• Eliminate aid to schools that allow anti-gay bias and bullying
• Require Department of Education to investigate claims of harassment
• Hold schools liable for failing to take corrective action when notified of anti-gay abuse
• Require schools to take preemptive measures against anti-gay violence
• Hold school officials personally accountable for failing to stop abuse
• Extend federal laws requiring reporting of child abuse to kids abused by classmates
• Require schools to have policies in place prohibiting anti-gay bias
• Require schools to pay for and send harassed GLBT kids to private schools when their safety is at risk
• Require students’ attorneys to show only that school officials acted unreasonably, not with deliberate indifference
• Allow prevailing students to recover legal fees and costs
• Include sexual orientation and gender identity in federal public accommodation laws
• Eliminate federal highway funds to those states without state civil rights laws protecting gays
• Repeal Defense of Marriage Act (DOMA)
• Ensure that children of same-sex couples suffer no bias as a result
• Require schools to include comprehensive sex education
• Extend all federal benefits available to straight couples to same-sex couples
• Allow schools to perform confidential HIV testing, but only with student consent
• Repeal limits on speech used for HIV education for adults
• Prohibit school officials from releasing students’ HIV status to parents
• Cut aid to colleges that discriminate against GLBT students
• Eliminate tax-exempt status to schools that engage in anti-gay bias
• Prohibit accrediting agencies from accrediting colleges that engage in anti-gay bias
• Eliminate aid to colleges that do not provide comparable benefits for same-sex couples
• Eliminate federal funds to states that do not have laws requiring benefits for same-sex couples
• Allow proof of anti-gay bias in courts through statistical assessment
Repeal federal law ranking marijuana as a controlled substance
• Require states to allow death with dignity or lose federal funds
• Repeal limits on doctors’ free speech to advise patients about abortion
• Prohibit Web-based businesses from engaging in anti-gay bias
• Deny federal funds to schools that strip-search students (to find drugs) or that engage in corporal punishment
• Require Department of Housing to ensure against anti-gay bias in public housing
• Require Department of Housing to build senior housing inclusive of GLBT individuals
• Require Department of Health & Human Services to develop health programs that cater to specific needs of GLBT individuals
• Require Department of Treasury to order banks and other financial services to advertise in GLBT news media
• Direct FCC to re-impose fairness doctrine so GLBT spokespersons can respond to anti-gay rhetoric
• Direct FCC to investigate anti-gay bias claims and strike licenses of stations not operating in “public interest”
• Require Small Business Administration to fund business proposals that strengthen GLBT economy
• Eliminate aid to foreign countries that tolerate anti-gay violence by government or private individuals
• Provide asylum to GLBT asylum-seekers who would suffer persecution in their home countries
• Allow U.S. GLBT citizens to obtain or sponsor citizenship for immigrant spouses or domestic partners
• Prohibit trade with counties that criminalize sex between people of the same gender .
Part one in a two part series
Robert DeKoven is a professor at California Western School of Law.
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