commentary
Beyond the Briefs
The second 50 days: The top 100 laws we need to pass to get gays on the same page
Published Thursday, 05-Feb-2009 in issue 1102
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 President Barack Obama’s administration, he 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 the second part of this two-part column, I outline what needs to be done in the second 50 days.
• Require federal prisons to segregate transgender prisoners, particularly those who are male-to-female
• Require states to ensure the safety of GLBT prisoners
• Require Department of Human Services to fund sex-education and anti-drug abuse programs for high risk youth
• Prohibit religious groups from spending substantial resources on political activities, such as ballot measures
• Require all bailout and stimulus aid to businesses to include support for advertising aimed at GLBT consumers
• Require states to eliminate housing restrictions, so that two persons unrelated by blood can live together
• Require Department of Energy to encourage “green” housing, where GLBT friends can live together
• Require parents who abandon GLBT kids to be prosecuted, counseled, and participate in mediation
• Require U.S. Census to count GLBT households
• Require schools to give equal access and treatment to gay straight alliances and the like
• Remove tax-exempt status for youth groups, including the Boy Scouts of America, that discriminate on the basis of sexual orientation
• Provide grants to Health & Human Services to treat breast cancer in lesbians
• Provide grants to Health & Human Services to study the high incidence of GLBT youth addictions to tobacco, alcohol, drugs
• Provide grants to Health & Human Services to study the high incidence of GLBT teen suicides
• Require Department of Justice to address high incidence of GLBT youth crime, homelessness
• Require Department of Justice to address methamphetamine use and treatment and to provide rehabilitation for GLBT youth
• Require Department of Defense to allow the GLBT community to erect a pink triangle on Mt. Soledad
• Require Department of Transportation to require carriers (airlines, AmTrak) to advertise in GLBT media
• Require Department of Justice to investigate boycotts of businesses (like Disney) that follow law and include gays in outreach
• Require Department of Justice to study sentencing disparities when a defendant’s sexual orientation is admitted into evidence
• Require Department of Labor to ensure U.S. business employers provide comparable family leave for GLBT employees
• Empower the Equal Employment Opportunity Commission to adjudicate anti-gay bias claims
• Require Federal Trade Commission to develop regulations on the safety of sexually oriented products (herbal stimulants)
• Require the Food & Drug Administration to require safety and proper labeling on medical devices used for sexual purposes
• Require the Federal Communications Commission to study effect of gay stereotypes on network TV and impact on views
• Require states (to receive justice funds) to include GLBT domestic violence training in domestic violence outreach
• Require U.S. Attorneys to give preference to hiring gays as compensation for previously having refused to consider GLBT candidates
• Prohibit bias against prospective jurors’ sexual orientation for removal from jury pool
• Require Secretary of State to consider a country’s treatment of gays and lesbians in travel advisories
• Prohibit cruise ships from using U.S. ports unless company guarantees it does not engage in anti-gay bias
• Prohibit discrimination by public and private employers for materials posted on employee social networking pages
• Require Department of Interior to prohibit use of public lands by groups that engage in anti-gay bias
• Require states to have mandatory rehabilitation treatment for first-time minor drug offenses
• Eliminate funds to states that continue to criminalize sexual conduct between consenting adults
• Prohibit parents from sending children to reparative therapy or camps
• Prohibit “homosexual panic defense” in federal trials
• Prohibit insurance carriers from denying coverage or otherwise discriminating against churches who support GLBT equality
•Require health insurance coverage for gender re-assignment surgery and related medical costs
• Prohibit insurance carriers from charging women higher health insurance premiums than men
• Proclaim a Harvey Milk Day
• Require members of federal bar to have graduated from law schools that do not discriminate on the basis of sexual orientation
• Provide federal tax incentives for couples (gay or straight) who adopt GLBT foster youth
• Allow disparate impact claims by gays in employment and public accommodations claims
• Require immigration judges to undertake diversity training to properly understand GLBT persecution in other countries
• Establish 16 as the federal age of consent
• Eliminate the “single-tax” penalty so that unmarried persons do not pay higher taxes because of their single-with-no-dependent status
• Allow singles to designate frozen embryos as beneficiaries for federal insurance benefits
• Require health insurers to cover pregnancy costs associated with surrogate motherhood (not related to donor parent)
• Require school districts with high incidences of anti-gay complaints to establish academies that offer sanctuary to GLBT youth and promote diversity
• Establish a Barack Obama “Yes We Can” Scholarship program aimed at youth who suffer deprivation (being GLBT among others)
Part two in a two part series
Robert DeKoven is a professor at California Western School of Law.
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