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June 28, 2013 5

One Giant Step Forward Towards Full Equality for the LGBT Community — What’s Next?

There is much to cel­e­brate in the Supreme Court mar­riage equal­ity deci­sions. The Anti-Defamation League filed ami­cus briefs in both U.S. v. Wind­sor and Hollingsworth v. Perry on behalf of a broad, diverse group of reli­gious orga­ni­za­tions, empha­siz­ing that there are many dif­fer­ent reli­gious views on mar­riage and that no one reli­gious under­stand­ing should be used to define mar­riage recog­ni­tion and rights under civil law.

Your rights should not depend on your ZIP code.

Your rights should not depend on your ZIP code.

ADL’s brief in the Wind­sor case began with the asser­tion that reli­gious def­i­n­i­tions of mar­riage vary, includ­ing per­spec­tives over whether or not gay and les­bian cou­ples may marry. Our brief then set out two argu­ments: (1) the Defense of Mar­riage Act (DOMA) vio­lated the estab­lish­ment clause because it was enacted with a reli­gious pur­pose, based on a par­tic­u­lar reli­gious under­stand­ing of mar­riage; and (2) DOMA vio­lated equal pro­tec­tion under the Fifth Amend­ment because it was moti­vated by moral dis­ap­proval of gay and les­bian peo­ple with­out any legit­i­mate gov­ern­ment purpose.

Our Perry brief urged the Court to reject the reli­gious and moral jus­ti­fi­ca­tions expressed by Propo­si­tion 8 pro­po­nents.  It demon­strated how, over the past quar­ter cen­tury, the Supreme Court has rejected laws dis­fa­vor­ing minor­ity groups based on moral or reli­gious dis­ap­proval alone – with one, now dis­cred­ited, excep­tion, Bow­ers v. Hard­wick. The brief looked back over time and showed how laws like slav­ery, seg­re­ga­tion, pro­hi­bi­tions on inter­ra­cial mar­riage, and laws dis­crim­i­nat­ing against women – laws that were jus­ti­fied on moral and reli­gious grounds – had ulti­mately been rejected by the Court.

ADL hailed the Court’s two deci­sions, while rec­og­niz­ing that much work remains to be done to pro­mote LGBT equal­ity.  Now that DOMA has been ruled uncon­sti­tu­tional, legal ana­lysts – and gov­ern­ment offi­cials – will be sort­ing out the range of fed­eral ben­e­fits that can now be accorded to legally-married same-sex cou­ples.  Same-sex cou­ples in Cal­i­for­nia can pre­pare for full recog­ni­tion and rights in their state. It is clear, how­ever, that, for now, the full range of ben­e­fits, priv­i­leges, and respon­si­bil­i­ties of mar­riage will con­tinue to be denied cou­ples in 37 other states.

More­over, at a time when it is still legal to fire employ­ees solely because they are les­bian, gay, or bisex­ual in 29 states – and in 33 states it is legal to fire some­one solely for being trans­gen­der — it is nec­es­sary to com­ple­ment this week’s for­ward progress with work­place dis­crim­i­na­tion pro­tec­tions, ini­tia­tives to pre­vent bias-motivated vio­lence, and pro­grams to pro­mote safe learn­ing envi­ron­ments for LGBT students.

To these ends, ADL sup­ports the Employ­ment Non-Discrimination Act (ENDA), which would expand exist­ing fed­eral employ­ment dis­crim­i­na­tion cov­er­age to include pro­tec­tion for those who are dis­crim­i­nated against based on their sex­ual ori­en­ta­tion and/or gen­der iden­tity.  ADL is a national leader in con­fronting hate vio­lence, hav­ing played a lead role in coali­tion work to enact and imple­ment the Matthew Shep­ard and James Byrd, Jr. Hate Crimes Pre­ven­tion Act (HCPA). And the League has also been in the fore­front of efforts to ensure safe school envi­ron­ments for all stu­dents, regard­less of their reli­gion, sex­ual ori­en­ta­tion, or gen­der iden­tity, through the devel­op­ment of edu­ca­tion and train­ing pro­grams  and bul­ly­ing pre­ven­tion initiatives.

While we cel­e­brate the great step for­ward in mar­riage equal­ity, we must not lose sight of the fact that   our nation has suf­fered a major set­back to civil rights when the Supreme Court struck down a crit­i­cal part of the 1965 Vot­ing Rights Act, In this, ADL’s  100th anniver­sary year, we reded­i­cate our­selves to secur­ing, in the words of our found­ing Char­ter, “jus­tice and fair treat­ment for all.”

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