Bay Area Reporter - September 3, 2009

When Kennedy entered the Senate, it was a different era. Since his death on August 25, the many stories of backroom deals and casual meetings tell of a Senate that was steeped in bygone traditions. Partisan rancor that is so common today was largely absent in Kennedy's early years. He became a master of the Senate's procedures and had an ability to compromise in order to pass many landmark bills that have improved the lives of every American.

But it is Kennedy's record of leadership on LGBT and HIV/AIDS issues that we would like to highlight. Kennedy was an unwavering supporter of our community and of civil rights in general. Significantly, he was one of only 14 senators who opposed the 1996 Defense of Marriage Act. To this day, DOMA is the primary reason why same-sex couples do not have equal federal rights, even if they are allowed to marry in several states. DOMA is blocking our full equality, and while President Barack Obama and many congressional Democrats support its repeal, right now, at least, action on that front is anemic.

On hate crimes, Kennedy was a co-sponsor of every piece of legislation covering sexual orientation or gender identity that was considered by the Senate, according to the Human Rights Campaign, including this year's version of the Matthew Shepard Hate Crimes Prevention Act.

Kennedy was a long-standing co-sponsor of the Uniting American Families Act, which has languished in Congress for nine years. The UAFA would eliminate discrimination in immigration laws by permitting permanent partners of U.S. citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents.

Regarding the military, Kennedy supported repeal of the anti-gay "Don't Ask, Don't Tell" policy and in 1993 an amendment to prevent codification of DADT.

Kennedy also backed the Employment Non-Discrimination Act and voted for it when it was considered by the Senate in 1996.

In addition to LGBT legislation, Kennedy was a leader of HIV/AIDS legislation, including the Ryan White CARE Act and the Early Treatment for HIV Act. HRC noted that in 1994 Kennedy defeated a proposed amendment requiring written parental consent before unemancipated minors could receive condoms or other contraceptives through any program that receives federal funds.

He opposed amendments that tried to criminalize blood donations by HIV-positive individuals or prohibit needle exchange, and wouldn't allow an attempt to remove HIV-infected people from food-handling positions. He supported the Americans with Disabilities Act, which bars discrimination on the basis of disability, including HIV status.

While other Democratic senators wavered on various bills affecting the LGBT and HIV/AIDS communities, Kennedy stood with us.

When Congress returns next week from its summer recess, members will have health care, climate change, and other bills waiting for them. There are also some LGBT bills in the pipeline, including ENDA. Also the UAFA has been introduced in the House and Senate, although action on any immigration reform legislation looks unlikely this year, according to Representative Jackie Speier (D-San Mateo) at a meeting with LGBT community members this week.

The partisan gridlock that affects Congress these days means that real work or progress are slowed considerably. Democrats have majorities in both houses, but sometimes you wouldn't know it. The back and forth over health care reform is but one example of this lack of coordination. Congressional leaders have issued conflicting and confusing statements, and have spent most of the last month playing defense after being out-maneuvered by Republicans.

Obama must reframe the debate û and quickly. Kennedy's endorsement of Obama last year was a pivotal moment in his campaign; indeed, many attribute that endorsement to giving momentum to Obama's eventual victory in the primaries. Now, one of the Senate's leading voices on health care is gone û Kennedy had championed increased access to health care his entire career û and the president must take control and make the case for health care reform to the public.

Kennedy's spirit will live on and perhaps inspire others to take up many of the causes for which he fought. But until then, the president cannot lose this opportunity to reform health care. At this moment we should be demanding action and accountability from members of Congress too, and we should let them know we will not accept anything less.
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