The Democratic-controlled Congress, bolstered by the prospect that there might not be a presidential veto, has been preparing to pass the first major federal gay rights legislation.
The legislation promoted by House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid includes a hate-crimes bill and a ban on workplace discrimination based on sexual orientation. Another Democratic initiative calls for the repeal of the so-called "Don't ask, don't tell" policy that bans openly gay and lesbian Americans from serving in the military.
Conservatives expect some House and Senate Republicans to support these bills and have pressed the White House to ensure that President Bush will use his veto power. But they said Bush has not provided such an assurance.
"With liberals in control, there's a good possibility they'll both pass," said Matt Barber, policy director for Concerned Women for America. Bush is said to have been urged by his friend, California Gov. Arnold Schwarzenegger, to drop the conservative agenda at the White House. Schwarzenegger has become a leading Republican supporter of gay rights in what he deems to be a post-partisan approach to politics.
The Employment Non-Discrimination Act, or ENDA, is expected to cover discrimination against gay as well as transgender employees. Churches and small businesses would be exempt.
Currently, 17 states have already included sexual orientation in non-discrimination policies. Rep. Barney Frank, Massachusetts Democrat and one of two openly gay members of Congress, said his draft would cover transgender employees. Frank said allowances to employers would minimize controversies over bathroom use. Tony Perkins, president of the Family Research Council, said the bills were meant to push the agenda of the gay community rather than end discrimination. Perkins said Americans who practice their religious faith have undergone more discrimination than gays.
"It's taking us to the point where anyone who opposes the sexual behavior of homosexuals will be silenced," Perkins said.
Over the last decade, GOP conservatives have blocked the hate-crimes bill. In 1996, a less liberal version of ENDA came within one vote of Senate passage.
Mat Staver, chairman of the Liberty Counsel, has also assessed that Bush might not veto the gay rights bills. Staver said Bush might be considering the feelings of Vice President Dick Cheney, whose daughter, Mary, is a lesbian.
The Liberty Counsel, as well as other conservative groups, has organized a campaign to block the bills in Congress. The group said the legislation on hate crimes "devalue the lives of other victims who are not members of a protected group and punish people for their thoughts rather than their actions."
"Punishment should be the same regardless of whether the crime was committed because of the victim's sexual orientation or for some other reason," Liberty Counsel said. "Similar laws have been used in this nation and others to silence those who believe that heterosexuality is better for American families."
On Feb. 28, Rep. Marty Meehan, Massachusetts Democrat and chairman of the House Armed Services Sub-Committee on Oversight and Investigations, re-introduced legislation to repeal the military's "Don't ask, don't tell" ban on lesbian, gay and bisexual military personnel from openly serving.
