Equality & Civil Rights


 

 

 

OVERVIEW

I have always been a strong advocate for fairness, equality, and civil rights throughout my career. I believe that our nation is stronger for its commitment to defending the rights of all people and for valuing human dignity.

In Congress, I have supported legislation that has battled discrimination based on race, gender, religion, disability, or sexual orientation. From the Local Law Enforcement Hate Crimes Prevention Act to the repeal of “Don’t Ask, Don’t Tell,” I have fought for equality in the workplace, in the military, on our streets, and in our homes.

 

LGBT

I am one of the founding members of the Congressional Equality Caucus for Lesbian, Gay, Bisexual, and Transgender Americans. As a member of this caucus, I have advocated for the extension of equal rights, the repeal of discriminatory laws, the elimination of hate-motivated violence, and the improved health and well-being for all, regardless of sexual orientation, gender identity or expression.

MARRIAGE EQUALITY

In 2004, I rallied on the steps of the Massachusetts State House in support of same-sex marriage, and I was proud when Massachusetts became the first state to recognize marriage equality, playing a pioneering role in bringing this issue into the national spotlight.  Just over a decade later, in June of 2015, the U.S. Supreme Court  ruled in Obergefell v. Hodges that every state must issue marriage licenses to same-sex couples.  Marriage equality is reflective of the individual liberty and freedom on which our nation was founded, and through this decision, the Supreme Court reaffirmed those basic American rights. Consenting individuals throughout the country, regardless of where they live, now have the ability to live an authentic life and have their monogamous, long-term relationships recognized and celebrated.  This was a historic milestone in the march for equality, and I will continue to work to ensure this ruling is implemented and followed across the country, so that equality reaches every state.

 

 

WORKPLACE FAIRNESS

EQUAL PAY

The Lilly Ledbetter Fair Pay Act was one of the first pieces of legislation signed by President Barack Obama after he became president.  This landmark legislation restored women’s right to fight pay discrimination and has helped to further gender equality in America. Legislation such as the Lilly Ledbetter Act seeks to remove the roadblocks women may encounter and provides women better opportunities to find unobstructed professional success.

Significant steps have been taken in recent years toward ensuring that women are paid equally and fairly for the work that they do.  Continuing to build on these signs of progress will advance the rights of women, benefit middle class families, and strengthen our nation.

However, we still have work to do when it comes to women in the workplace. For example, according to the US Census Bureau, women make only 80 cents for every dollar earned by a by a man and are more likely to be poor. I am a co-sponsor of the Paycheck Fairness Act, legislation that seeks to ensure that women are paid the same amount for doing the same job as their male counterparts.

EMPLOYMENT NON-DISCRIMINATION ACT

My late husband Paul Tsongas was the first U.S. Senator to introduce legislation to ban job discrimination based on sexual orientation. That was nearly 40 years ago, in 1979.  I agreed with him then and feel just as strongly about championing similar measures today.  Almost immediately after I was elected in 2007, I strongly supported the Employment Non-Discrimination Act (ENDA) spearheaded by my former colleague Barney Frank. I also supported the Baldwin Amendment, which would have added protections for gender identity saying, "we need to have the most comprehensive protections possible, and the Baldwin Amendment would make a good bill better." 

While ENDA passed in the House of Representatives in 2007, it did not move in the Senate. In 2013, ENDA passed the Senate by a vote of 64-32 and I went to the House Floor to urge former House Speaker John Boehner to bring the bill to the floor for the “sake of dignity, justice and equality.”

EQUALITY ACT

I am also an original cosponsor of the Equality Act which would provide full nondiscrimination protection to LGBT Americans. This legislation would not change the law, but would simply extend anti-discrimination protections in public accommodations, housing, employment, federal funding, education, credit, and jury service. The Equality Act will expand the Civil Rights Act of 1964 and other existing laws to add sexual orientation and gender identity to the characteristics upon which discrimination is prohibited. To urge action on this matter, I joined my colleagues in co-signing a letter requesting that the House Judiciary Committee hold a hearing on the Equality Act.

 

 

EQUALITY IN THE MILITARY

REPEAL OF "DON’T ASK, DON’T TELL"

I proudly joined President Obama on December 22, 2010 at the White House as he signed into law the legislation that officially ended the military’s "Don’t Ask, Don’t Tell" policy. It was a moment that I had been working for since joining Congress. In 2008, I participated in the first Congressional hearing on the military's "Don't Ask, Don't Tell" policy since 1993.  At that hearing, I questioned the panel of witnesses saying, "it was with the support of the district I now represent, and the vision of Marty Meehan, that this outdated policy has come to the attention of Congress with such powerful effect. With at least 65,000 gay Americans currently serving our nation with distinction, it is clear that Don't Ask, Don't Tell is a policy that must come to an end. This flawed and unworkable policy threatens the readiness of our military by discharging hundreds of vital military personnel critical to our national security and shutting the door to thousands more." 

On December 15, 2010, I voted in favor of the law that repealed "Don’t Ask, Don’t Tell."

DOD TRANSGENDER SERVICEMEMBER BAN

In 2017, through a series of tweets, President Trump announced that "the United States Government will not accept or allow . . . [t]ransgender individuals to serve in any capacity in the U.S. Military," asserting that the military "cannot be burdened with the tremendous medical costs and disruption that transgender in the military [sic] would entail." While news reports indicated that Secretary of Defense James Mattis was "appalled" by the announcement and the target it placed on currently-serving transgender servicemembers, the White House is attempting to implement these tweets as policy. In response, I joined over 50 of my colleague in sending a letter to Secretary Mattis expressing our strong opposition to any such policy and noting his obligation not to comply with unconstitutional directives from the White House.

When former Secretary of Defense Ash Carter ended the ban on transgender military service in 2016 after a comprehensive review process, he succinctly observed that "we don't want barriers unrelated to a person's qualifications to serve preventing us from recruiting or retaining the soldier, sailor, airman or Marine who can best accomplish the mission." The review process was rigorous and involved studies that concluded there would be minimal impacts to military readiness by allowing transgender servicemembers to serve openly, taking into account all costs associated with gender transition. Conversely, President Trump's tweets relied upon flawed assumptions regarding medical costs and readiness, and news reports suggest he may even have targeted transgender servicemembers in an attempt to shore up Republican support for border wall funding and other Administration spending priorities.

I believe in open service for all who can meaningfully contribute to the military and their country, and I will strongly oppose all attempts to roll back protections for our transgender servicemembers.

WOMEN IN COMBAT

In December 2015, Secretary of Defense Ash Carter ordered the Department of Defense to open all combat roles to women. This announcement was welcome and long overdue news to the countless servicewomen who have selflessly and courageously served their nation around the globe. This was a milestone on the path to equality in our armed forces and recognized the significant role women were already playing on the battlefield.

Everyone has now been placed on equal footing, whereby future opportunities for advancement are no longer limited. The military has finally realized that a culture of mutual respect is critical to weeding out discrimination, sexual harassment, and sexual assault. No longer is it acceptable for the military to treat women as second-class citizens and ignore the potential talent and skill offered by half of the American population.

More women entering into combat means more women rising through the ranks to take on leadership roles and gaining the important status and power to better advocate for important issues that affect all servicemembers. This progress is a proclamation of equality to every member of the armed forces that will open more doors than we have even begun to imagine.

But as the doors open to servicewomen and a greater talent pool is tapped, the military must find ways to support all those who wear the uniform. This necessitates addressing women’s health matters and developing equipment and policies that increase women’s safety and success on and off the battlefield. Supporting military women is essential to building the strongest military possible. From a practical standpoint, the Army spends millions of dollars training women to do a job. Without adequate support, resources, and health care options, many women may choose to leave the military at the end of their enlistments, at great cost to the military and denying the military their talents.

I have also been a national voice in the fight against sexual assault in the military and gender-specific body armor. For more information please visit my Protecting our servicemembers page.

 

 

HATE CRIMES

I strongly supported the passage of the Local Law Enforcement Hate Crimes Prevention Act saying, “Intolerance and crimes motivated by hatred have no place in our society.”  President Obama signed this legislation into law in October of 2009 so that the Hate Crimes law covers all violent crimes motivated on the basis of the victim’s religion, race, national origin, gender, sexual orientation, gender identity or disability. 

STUDENT NON-DISCRIMINATION ACT

Unfortunately, LGBT students are subject to harassment, bullying, intimidation and violence on a daily basis, but civil rights laws do not expressly include protections for sexual orientation or gender identity. To give all students these protections and a safe school environment, I am a cosponsor of H.R. 5374, the Student Non-Discrimination Act.

 


EQUAL PROTECTIONS FOR TRANSGENDER AMERICANS

A 2014 survey found that 65% of transgender people living in Massachusetts report having experienced discrimination in a public place. This startling number is just one example of the unique hardship faced by LGBT Americans, and underlines the need to bolster protections, not tear them away.

In June of 2016, the Departments of Justice and Education issued a joint guidance detailing schools’ obligation to protect transgender students from discrimination. This guidance reflected over a decade of case law and proven best practices, and provided educators, parents, and students with the information necessary to ensure transgender students have access to public education in an environment free from discrimination.

Unfortunately, in 2017, the Trump Administration rescinded this guidance clarifying protections for transgender students. At the time, I joined a number of my colleagues in Congress in sending a letter to President Trump urging his Administration to reverse their decision to rescind Title IX guidance. We also requested that the President meet with transgender students to hear their stories.

In the letter we wrote:

Title IX provides transgender students the right to equal treatment in accordance with their gender identity. Unfortunately, rescinding this guidance only serves to confuse school administrators and take away a vital tool for students and their families who want to be treated with dignity and respect. Further, this action sends the wrong message - a very dangerous message - to transgender youth and their peers.

In 2016, the Massachusetts State Legislature passed and Governor Baker signed into law a transgender public accommodations bill, which allows individuals to use facilities corresponding to their gender identity, and bans discrimination on the basis of gender identity, in any public accommodation.

While there are legal protections in Massachusetts, we know that too many LGBT Americans continue to face discrimination here and across the country. I will continue to urge the President to rethink his order to rescind Title IX and continue to work for the preservation and extension of LGBT protections across the country.

Throughout my career, I have always been a strong advocate for fairness and equality because I believe that our nation is stronger for its commitment to defending the rights and human dignity of all people. Everyone should have the right to be who they are, wherever they are.