Political Leaders Address HRC Boards
Three leaders in the political world addressed the Human Rights Campaign board of directors, board of governors, Foundation board and steering committees at a March 7 luncheon on issues of importance to the gay, lesbian, bisexual and transgender community. The first, Republican National Committee Chairman Marc Racicot, discussed Republican Party’s priorities and then answered questions from the audience. Showing his openness to working with the GLBT community, Racicot's comments addressed the importance of outreach and explained his own fair-minded decision as governor of Montana to sign an executive order including sexual orientation in the state's non-discrimination policy. Sen. John Kerry, D-Mass., then discussed his presidential campaign and the issues he will highlight in the coming months. High on his list was working for the passage of the Employment Non-Discrimination Act and hate crimes legislation. Closing the luncheon, Sen. Mary Landrieu, D-La., thanked HRC for all the help and support she received during her 2002 re-election bid. Landrieu said she wouldn't have been re-elected without HRC's help and re-committed to working hard for the GLBT community.
On March 6, the Senate Judiciary Committee approved the nomination of Timothy Tymkovich to the 10th U.S. Circuit Court of Appeals, by a 10-6 vote, with three senators voting present. Tymkovich's record raises concerns about his views on gay, lesbian, bisexual and transgender people and the civil rights laws that protect them. Specifically, a law review article that he co-authored demonstrates that he believes and perpetuates some of the worst anti-gay rhetoric. The nomination is awaiting action by the full Senate.
"A review of his record and writings reveal Mr. Tymkovich's grave misconceptions about the nature of sexual orientation and his opposition to civil rights laws aimed at protecting members of the lesbian, gay, bisexual and transgender community," wrote HRC Executive Director Elizabeth Birch in a letter she sent Feb. 11 to the Senate Judiciary Committee. "We are concerned that he might be unable to be fair and temperate, unfettered by bias, in cases affecting all Americans." For more information, see HRC's letter.
HRC also has expressed opposition to two other nominees – Jeffrey Sutton and Jay Bybee. The committee approved Sutton, who was nominated to the 6th U.S. Circuit Court of Appeals, on Feb. 13., and Bybee, who was nominated to the 9th Circuit Court, on Feb. 27. Both nominees await action by the full Senate
For more on both of these nominations, visit:
The Bush administration announced an expansion of the
“Global Gag Rule,” or "Mexico City Policy," on Feb. 14. The expanded rule
prohibits foreign family planning organizations and HIV/AIDS prevention
organizations that receive
The president made the expansion via executive order, however, before his decision, members of Congress were discussing the expansion. HRC sent a letter to senators serving on the Senate Foreign Relations Committee asking them to oppose the change in law. In the aftermath of the decision, HRC joined more than 130 other organizations in asking President Bush to oppose this expansion. The letter also was sent to key staff members from the White House, State Department, the U.S. Agency for International Development and the Department of Health and Human Services. HRC will continue to oppose this expansion and any congressional move to place it in statute.
HRC Hosts Congressional Lobby Day in Washington, D.C.
HRC board members and volunteers from across the country joined the organization’s political and field teams on Capitol Hill for HRC lobby day on March 6. Including non-scheduled appointments, lobby teams completed about 100 visits with members of Congress and their staffs from across the political spectrum. In addition to asking representatives and senators to support key legislation, such as the Employment Non-Discrimination Act, federal hate crimes legislation and the Permanent Partners Immigration Act, HRC embarked on a joint project with GenderPAC to help educate members of Congress on discrimination based on sexual orientation and gender identity and expression.
HRC Expands Congressional Non-Discrimination Pledge
For several years, the Human Rights Campaign has asked federal legislators to indicate in writing that they will not discriminate based on sexual orientation in the employment practices of their personal offices. This project has been successful, considering that 65 senators and 269 representatives from across the ideological spectrum have stated in writing that they will not discriminate in their offices. GenderPAC modeled this program and has been successful in garnering nearly 96 signatures on a pledge that asks senators and representatives to ban discrimination based on gender expression and identity, or some alternative gender language, in their offices. Together with GenderPAC, HRC will be asking members of the House and Senate to indicate in writing that they will not discriminate in their offices based on “sexual orientation and gender identity or expression.”
New Legislation Addresses Taxation of Domestic Partner Health Benefits
In growing numbers, both public and private employers nationwide have made the wise business decision to provide domestic partner benefits in order to promote fairness and equality in the workplace. As of March 2003, 185 (more than one third) of the Fortune 500 and 166 state and local governments provide health insurance benefits to the domestic partners of their employees. Federal tax law has not kept up with corporate and governmental change in this area. Under federal law, the employers who offer this benefit and the employees who take advantage of it are taxed inequitably.
As policymakers have put an increasing emphasis on delivering health coverage through the tax code and as the cost of health care has begun to skyrocket, the current inequities in the tax code place a burden on the employers who provide health care coverage to domestic partners and on the employees who depend upon these benefits to provide security for their families.
Employers who provide health benefits to their employees typically pay a portion of the premium – if not the entire premium. Currently, the code provides that the employer’s contribution of the premium for health insurance for an employee’s spouse is excluded from the employee’s taxable income. An employer’s contribution for the domestic partner’s coverage, however, is included in the employee’s taxable income as a fringe benefit. Therefore, an employee who is lucky enough to be able to get domestic partner benefits for their partner is then taxed on the value of those benefits, often resulting in thousands of dollars being added to their taxable income at the end of the year.
An employer’s payroll tax liability is calculated based on his or her employees’ taxable incomes. When contributions for domestic partner benefits are included in employees’ incomes, employers pay higher payroll taxes. This provision also places an administrative burden on employers by requiring them to identify those employees utilizing their benefits for a partner rather than a spouse. Employers must then calculate the portion of their contribution that is attributable to the partner, and create and maintain a separate payroll function for these employees’ income tax withholding and payroll tax. Thus, the employer, as well as the employee, is penalized for making a sound business decision that contributes to stability in the workforce.
On Feb. 26, Rep. Jim McDermott, D-Wash., introduced the Tax Equity for Health Plan Beneficiaries Act (H.R. 935) to fix this problem. This legislation, which as of March 1 has 15 co-sponsors, would amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees' spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees, including domestic partners.
New Co-Sponsors on HRC-Supported Legislation
With this writing, Equality Update is re-introducing a recurring column that will give regular updates on new sponsors of HRC-supported legislation.
Permanent Partners Immigration Act (PPIA, H.R. 832)
New Sponsors: Reps. Rahm Emanuel, D-Ill.; Susan Davis, D-Calif.; Brad Miller, D-N.C.; Loretta Sanchez, D-Calif.; and Albert Wynn, D-Md.
Taxation of Domestic Partner Benefits (H.R. 935)
New Sponsors: Reps. Neil Abercrombie, D-Hawaii; Howard Berman, D-Calif.; Earl Blumenauer, D-Ore.; Julia Carson, D-Ind.; Bob Filner, D-Calif.; Jim Kolbe, R-Ariz.; Tom Lantos, D-Calif.; Barbara Lee, D-Calif.; Zoe Lofgren, D-Calif.; Robert Matsui, D-Calif.; George Miller, D-Calif.; Jerrold Nadler, D-N.Y.; Eleanor Holmes Norton, D-DC; Henry Waxman, D-Calif.; and Lynn Woolsey, D-Calif.
HRC Launches Campaign 2004 Web Resource
HRC launched a web resource on March 6 dedicated to the 2004 election. As of this writing, the new section included tentative primary dates, congressional incumbents up for re-election and a list of 10 candidates vying for the White House in 2004. Those candidates are: former Sen. Carol Moseley Braun, D-Ill.; President George Bush; former Vermont Gov. Howard Dean; Sen. John Edwards, D-N.C.; Rep. Richard Gephardt, D-Mo.; Sen. Bob Graham, D-Fla.; Sen. John Kerry, D-Mass.; Rep. Dennis Kucinich, D-Ohio; Sen. Joseph Lieberman, D-Conn.; and the Rev. Al Sharpton. Biographies and campaign websites for each candidate are included.
HRC has not yet endorsed any one of these candidates, but will continue keep a close eye on the campaigns and follow the candidates’ positions on issues of concern to the GLBT community.
As the race continues to build momentum, users will be able to locate information on candidate voting records, their involvement in HRC-related activities and their goals for GLBT equality.
HRC FamilyNet Posts New Web Resources
HRC FamilyNet recently posted new resources on three issues impacting the GLBT community:
Tax Time: Claiming a Partner as a Dependent
Can
you claim your domestic partner as a dependent on your federal income taxes?
Lara Schwartz, HRC senior counsel, answers on HRC
FamilyNet.
If a Draft is Reinstated, Will Gays Have to
Go?
The mother of an 18-year-old gay man asks, if the military draft is
reinstated, would he be required to serve in the military? And what would
happen if he refused? Sharra Greer, legal director for the Servicemembers Legal
Defense Network, answers on HRC FamilyNet.
International Rights
Same-sex couples in
numerous countries are granted greater rights, benefits and protections than
those living in the
RC Foundation Publishes March 2003 LAWbriefs
The HRC legal department released the March 2003 edition of LAWbriefs, HRC Foundation's quarterly publication summarizing the latest GLBT legal developments.
HRC Volunteers Engage in Grassroots Efforts
HRC activists across the country hold in-district lobby visits with their members of Congress year-round, but congressional recesses prove to be prime times to get a meeting with a legislator in a home district. Lobby visits by constituents are a fundamental part of HRC's commitment toward equality, and it is vitally important that legislators understand that GLBT issues affect their constituents. In-district visits are a great way to introduce HRC and its members to representatives and senators, to educate them on GLBT issues, and to seek co-sponsorship and support of key legislative priorities.
Think you've got what it takes to speak with conviction? For more information on how to lobby, who to lobby, and what to lobby about, contact HRC's regional field organizers at field@hrc.org. We will happily work with you one-on-one to arm you with the tools you need to pull off an effective lobby visit.
Recent in-district lobby visits have included:
|
LEGISLATOR |
TOPIC |
|
Rep. Adam Smith, D-Wash. |
Domestic Partners Benefits and Obligations Act and Permanent Partners Immigration Act |
|
Sen. Kay Bailey Hutchison, R-Texas |
Early Treatment for HIV Act, Local Law Enforcement Enhancement Act |
|
Rep. Nick Lampson, D-Texas |
Permanent Partners Immigration Act and Early Treatment for HIV Act |
|
Rep. Gary Miller, R-Calif. |
Tax and Benefits Issues |
|
Rep. William Clay, D-Mo. |
Permanent Partners Immigration Act |
|
Rep. Sheila Jackson Lee, D-Texas |
Permanent Partners Immigration Act |
|
Rep. Chaka Fattah, D-Pa. |
Permanent Partners Immigration Act |
The fight for equality doesn't just happen at the federal level. HRC also encourages its members to weigh in with members of state legislatures on important bills.
New Mexico: Non-Discrimination, Hate Crimes Bills Progress Through State Legislature
History was made in Santa Fe last week as both houses of the New Mexico Legislature passed bills that would amend the New Mexico Human Rights Act to include sexual orientation and gender identity -- making it unlawful to discriminate based upon these characteristics. Senate Bill 28 passed the Senate on Feb. 27 by a vote of 22-18. House Bill 314 passed the House on Feb. 25 by a vote of 39-27. Both bills contain the same language, but due to state law, the House and Senate must pass one bill before the governor can sign it into law. Thus, one of the bills needs to progress through the other side of the Legislature before it heads to the governor’s desk. Gov. Bill Richardson, a Democrat, has pledged to sign the non-discrimination measure.
New Mexico residents can take action on these bills at HRC's online Action Center at http://www.hrc.org/actioncenter.
For more information, contact the Coalition for Equality in New Mexico at jo@cybermesa.com or http://www.coalitionforequalitynm.org/.
Tennessee: New Non-Discrimination Ordinance Filed in Nashville Metro Council
The Nashville Metro/Davidson County Council is considering a new non-discrimination bill. Council members Eileen Beehan and Chris Ferrell filed the bill on Feb. 25. The measure would prohibit the metropolitan government from discriminating based on sexual orientation in its employment practices. It would not apply to private employers or to housing practices. Like previous versions of the non-discrimination bills, which were withdrawn, this bill amends the fair employment and housing practices chapter of the metro code. HRC sent action alerts to its members in the Nashville area to encourage them to attend a community town hall meeting on March 6 about the ordinance.
Utah: Hate Crimes Bill Passed, Re-Called to House
A hate crimes bill six years in the making was approved Feb. 27 by the Utah House of Representatives. House Bill 85 passed by a 38-35 vote. The bill would create stiffer penalties for crimes motivated by bias or prejudice based on a victim's race, color, gender, disability, age, nationality, ancestry, religion or sexual orientation. House members amended the bill to include prejudicial crimes against individuals affiliated with a business. The day after the House passed the measure, it was re-called to the floor when Rep. Ron Bigelow, R-32, said he was uncomfortable with the bill and wanted further discussion. Bigelow was one of 19 Republicans who supported the bill. The vote to reconsider was passed 42-32, suspending a rule requiring that the body complete all legislation offered by the Senate by the last Friday of each session. After much deliberation, Rep. David Litvack, D-26, and co-sponsor Rep. James Ferrin, R-58, asked that H.B. 85 not be brought back up for discussion in this legislative session, effectively killing the bill.