LGBT


Joe Sestak’s position on the civil rights issues of the LGBT community is born out of his experience in the military, where he served alongside brave lesbian and gay service members. Having seen their dedication, their allegiance, and their sacrifices, he believes it is only fair that they receive equal rights when they return home.


HIGHLIGHTS OF JOE SESTAK’S LEGISLATIVE EFFORTS TO SUPPORT THE LGBT COMMUNITY


CO-SPONSOR OF THE DOMESTIC PARTNERSHIP BENEFITS OBLIGATIONS ACT

Provides federal civilian LGBT employees with the same partnership benefits that are currently offered to all spouses of federal employees, including participation in applicable retirement programs; compensation for work injuries; and, life and health insurance benefits. Same-sex and opposite-sex domestic partners would be eligible for these benefits. Offering these benefits to the domestic partners of federal employees would bring the federal government closer to the policies of companies, including: 53% of Fortune 500 companies; IBM, Microsoft, Shell Oil, Walt Disney, Fannie Mae, Citigroup, Xerox, AOL Time Warner, and United and American Airlines. Also, 13 states and 201 local governments provide their public employees domestic partnership benefits.


CO-SPONSOR OF THE TAX EQUITY FOR HEALTH PLAN BENEFICIARIES ACT

Ends the federal tax rules that unfairly limit employer-sponsored health coverage for domestic partners and other non-spouse, non-dependent beneficiaries. The bill does so by extending the exclusion from gross income for employer-provided health care coverage to certain eligible beneficiaries and their dependent children; revising the definition of "dependent" for purposes of the tax deduction for the health insurance costs of self-employed individuals; and extending voluntary employees' beneficiary association sick and accident benefits to eligible beneficiaries and their dependents.


CO-SPONSOR OF THE FAMILY MEDICAL LEAVE INCLUSION ACT

Permits an employee to take up to twelve weeks of unpaid leave from work if his or her domestic partner or same-sex spouse has a serious health condition. Under the Family and Medical Leave Act passed in 1993, legally married spouses receive up to 12weeks of unpaid leave from work to care for a seriously ill spouse, parent or child.  However, the law does not cover same-sex partners or spouses, making it impossible for some employees to be with their partners during times of medical need. 


This Act expands the 1993 by permitting an employee up to 12 weeks of unpaid leave from work if his or her domestic partner or same-sex spouse has a serious health condition.  It also permits employees to take unpaid leave to care for a parent-in-law, adult child, sibling or grandparent. This is important because under current law employees can be fired for missing work to care for a domestic partner.


ORIGINAL CO-SPONSOR OF THE EMPLOYMENT NONDISCRIMINATION ACT

The bill prohibits discrimination against employees on the basis of sexual orientation by making it an unlawful employment practice to: discriminate on the basis of actual or perceived sexual orientation; or discriminate against someone because he/she opposed any practice made unlawful by this Act or made a charge, testified, assisted, or participated in an investigation or proceeding under this Act.


CO-SPONSOR OF LEGISLATION TO REPEAL THE MILITARY’S DON’T ASK, DON’T TELL POLICY AND PUBLISHED OP-ED IN PHILADELPHIA INQUIRER (JULY 13)

The Military Readiness Enhancement Act prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to be a

member. The bill authorizes re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct.


SUPPORTS REPEAL OF THE DEFENSE OF MARRIAGE ACT (DOMA)

DOMA prevented interstate and federal recognition of same sex marriage by mandating that no state be required to acknowledge same sex marriages that are officiated in other states and that the federal government may not recognize or officiate same sex marriages.  Joe supports civil unions and believes that they are the providence of the states. He believes that marriage is a church issue. If states decide to allow same sex marriages, he believes that to be the right of that state. He opposes federal and state constitutional amendments against same sex marriage because he does not believe the decision should be forced upon any religious institution -- as it is a church’s right to exercise beliefs.


CO-SPONSOR OF THE LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION ACT 

The bill directs the Attorney General to assist local law enforcement in Prosecution and Prevention of Hate Crimes and extends federal jurisdiction to hate crimes motivated by the victim’s actual or perceived sexual orientation, gender, gender identity, or disability. It also provides assistance to state and local law enforcement to streamline the investigation and prosecution of hate crimes and amends the Hate Crimes Statistics Act to expand data collection and reporting requirements to include crimes manifesting prejudice based on gender and gender identity.


HUMAN RIGHTS CAMPAIGN 2008 GALA KEYNOTE SPEAKER

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.


EQUALITY FORUM 2008 GUEST SPEAKER

Equality Forum coordinates GLBT History Month, produces documentary films, undertakes high-impact initiatives and presents the largest annual national and international GLBT civil rights forum. It produces these innovative events in collaboration with learning institutions, professional associations, research centers, for-profit companies and nonprofit organizations.


SUMMARY OF FUTURE INITIATIVES


He believes that as we look to the future, we must ensure that lesbian, gay, bisexual and transgender Americans are guaranteed the opportunity to achieve a better future for themselves and their families— so that they may continue to contribute to America’s collective future. This involves:


Providing LGBT individuals with fair wages and benefits free from discrimination;


Eliminating inequitable tax policies that unduly harm unmarried LGBT partners who are barred from the opportunity to marry;


A military policy that allows America’s best men and women to serve their country without hesitation; and


Prevent health insurance plans from discriminating against LGBT individuals. LGBT individuals lack healthcare coverage and suffer from inadequate coverage— particularly transgender individuals.

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Commentary: ‘Don’t ask, don’t tell’ must go

Philadelphia Inquirer, July 13, 2009