The 2009-10 federal legislative session boasted some landmark LGBT victories, although there were several LGBT-rights measures that failed to advance through the Democratic-controlled Congress, which soon will include a sharp influx of Republicans.
The legislature did hand the LGBT community two very important victories: the October 2009 passage of the Matthew Shepard and James Byrd Jr. Hate-Crimes Prevention Act and the December 2010 repeal of “Don’t Ask, Don’t Tell.”
Beyond those, however, there were several LGBT measures that died with little progress this session.
Employment Non-Discrimination Act
The federal measure that would ban employment discrimination against LGBT individuals died again this year.
ENDA has been introduced in every legislative session but one since 1994 and, while the House approved the measure in 2007, no votes were taken on the bill in the past session.
Out Congressman Barney Frank (D-Mass.) introduced the House bill in June 2009 and it was sent to the Education and Labor Committee, which held a hearing in September of that year.
Sen. Jeff Merkley (D-Ore.) introduced the Senate version in August of that year, and it died in the Health, Education, Labor and Pensions committee.
Both bills saw their highest level of support yet, with 203 cosponsors in the House and 45 in the Senate.
Respect for Marriage Act
The first legislative effort to repeal the federal ban on same-sex marriage was initiated in this session.
Rep. Jerrold Nadler (D-N.Y.) introduced the Respect for Marriage Act in September 2009, seeking to lift the 1996 Defense of Marriage Act.
Nadler’s bill had 120 cosponsors but died in the Judiciary Committee.
Uniting American Families Act
The bill to make immigration laws more equitable for LGBT individuals was introduced in the House and Senate this session but did not make it out of committee.
Congressman Nadler (D-N.Y.) introduced the measure in February 2009 and it was sent to the Subcommittee on Immigration, where no action was taken.
Sen. Patrick Leahy (D-N.Y.) sponsored the companion bill and, although the Judiciary Committee held hearings on the it in June 2009, the committee did not vote on the bill.
UAFA has been introduced every session since 2000, and this marked the highest number of cosponsors in both chambers: 135 in the House and 25 in the Senate.
Leahy and Sen. Robert Menendez (D-N.J.) introduced the Comprehensive Immigration Reform Act, to which UAFA is attached, earlier his year, but no action was taken on it.
Student Non-Discrimination Act
In January 2010, out U.S. Rep. Jared Polis (D-Colo.) introduced the Student Non-Discrimination Act, which sought to mandate that federally funded schools must adopt LGBT-inclusive nondiscrimination policies.
The measure, which drew 126 cosponsors, failed to advance from the Committee on Education and Labor.
Safe Schools Improvement Act
A measure was introduced in both houses of Congress this year that would have required federally funded schools to adopt uniform anti-bullying policies, with sexual orientation and gender identity as protected classes. U.S. Rep. Linda Sanchez (D-Calif.) introduced the House measure in June 2009, drawing 131 cosponsors.
Sen. Bob Casey (D-Pa.) spearheaded the Senate version in August 2010, with 17 cosponsors.
Both measures died in their respective education subcommittees.
Domestic Partner Benefits and Obligations Act
Out Congresswoman Tammy Baldwin (D-Wisc.) and Sen. Joe Lieberman (I-Conn.) introduced legislation that would provide gay federal employees and their partners some of the same rights and benefits as heterosexual married employees.
The lawmakers introduced the inaugural version of the measure in 2007, but it failed to advance.
Although the bill was approved in the House Oversight and Government Reform Committee and the Senate Committee on Homeland Security and Governmental Affairs, it was never brought to the House or Senate floor.
Jen Colletta can be reached at [email protected].