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Congress Should Ignore the Latest Attempt to Write Discrimination Into Law

President Obama gives remarks around the signing of EOs 11478 and 11246.
President Obama gives remarks around the signing of EOs 11478 and 11246.
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April 27, 2016

It鈥檚 been a year of amazing fights for LGBT equality: We鈥檝e won the freedom to marry in all 50 states, challenged discriminatory laws aimed to deny services to transgender Americans, and won court cases that would sanction religious-based discrimination against same-sex couples.

The last year hasn鈥檛 been without its challenges, though. We鈥檝e seen a lot of different attempts to make discrimination law, even while the majority of Americans support the right of LGBT Americans to live our lives as we are. The latest play is classic Washington: attempting to attach an amendment to an essential bill and hope no one puts up a fuss.

We have intelligence that Rep. Steve Russell (R-Okla.) has quietly signaled that he鈥檒l offer an amendment to the latest that, if passed, could license taxpayer-funded discrimination by recipients of both federal contracts and grants. Right now, the amendment is worded very vaguely, but potential consequence should stop it dead in its tracks: It could effectively undo President Obama鈥檚 that banned federal contractors from discriminating on the basis of sexual orientation or gender identity.

While Obama鈥檚 action was historic, it was also needed. Businesses that contract with the federal government employ people in all 50 states and comprise a quarter of the entire workforce. That鈥檚 why we needed Obama鈥檚 executive order and another reason why it shouldn鈥檛 be undermined through congressional gamesmanship.

The bigger picture here is crystal clear. It鈥檚 not about process, regulations, or contracting dollars 鈥 it鈥檚 opponents of LGBT equality attempting to codify discrimination. Anti-LGBT forces are trying to do so by taking lawsuits arguing for the right to discriminate to the Supreme Court; passing discriminatory laws, regardless of the fiscal consequences; and today, thanks to Rep. Russell, trying to enshrine discrimination into the bill authorizing the military鈥檚 budget next year.

We鈥檝e taken huge strides in the past year, but we have a long way to go. Most states do not have clear nondiscrimination protections, and LGBT people are regularly denied basic services and every day fear for their future should they be fired just because of who they are. Our Congress should focus on ending discrimination, not codifying it.

Armed Services Committee Chairman Mac Thornberry it best earlier this week:

鈥淭he NDAA makes a clear statement to friends and adversaries that the United States will have the means to defend itself, and it reassures the men and women who serve our nation that whatever they are asked to do, they will be prepared and supported fully.鈥

That should include LGBT Americans, too. Rep. Russell鈥檚 amendment, however, won鈥檛 support LGBT Americans and would, in fact, permit taxpayer-funded discrimination. If he moves forward with it, his colleagues should soundly reject it.

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