Election Spotlight

The historic election of Barack Obama proves that discrimination can be overcome, and his presidency presents new opportunities to advance equality for so many. But we have also seen disappointing ballot losses for LGBT rights in Florida, Arizona and Arkansas, as well as the possible passage in California of Proposition 8, a measure that, if it passes, would seek to change the California constitution to eliminate the rights of same-sex couples to marry.

Working with the Next Administration: President-Elect Obama

President-elect Obama has the opportunity to eliminate long-standing barriers to equality for lesbian, gay, bisexual and transgender (LGBT) people and people living with HIV. And we believe that America is ready for change.

LGBT people and people with HIV deserve to be protected against discrimination, and fair and strong laws make it easier for us to make the case for equality. That said, we must all work together to hold President-elect Obama accountable to his promises to be a strong leader in promoting fairness for all Americans.

Lambda Legal looks forward to working with President-elect Obama and civil rights advocates everywhere in fulfilling his campaign promises to support enactment of an inclusive Employment Non-Discrimination Act (ENDA), the Matthew Shepard Act (which would define criminal acts based on prejudice against LGBT people as hate crimes), and the Uniting All Families Act (which would allow same-sex, binational couples to remain in the United States); and the repeal of both the discriminatory "Don't Ask, Don't Tell" military policy and the so-called Defense of Marriage Act.

Lambda Legal is positioned, with regional offices across the country, to respond to any challenges and to make sure that new laws are properly interpreted and enforced. These laws and policies will give us the tools necessary to do what we do best—fight in the courts against the discrimination that LGBT people and those with HIV experience all across the nation.

Preserving Fair Courts

One of the most important jobs for the new president will be to appoint federal judges who are fair and impartial and uphold the ideals of equality embedded in the Constitution. Lambda Legal's Fair Courts Project, as it has done in recent years, will advocate with the next administration and the U.S. Senate to ensure that judges who are fair and impartial, and who don't demonstrate bias against LGBT people or those with HIV, are nominated and confirmed to federal judgeships.

Advocating for People with HIV

The next president will be in a position to eliminate unfair and medically unnecessary barriers to equality for people with HIV. Lambda Legal's HIV Project attorneys have worked with other HIV advocacy groups to prepare a memo with recommendations for the new president about employment and licensing, access to health care and other essential services, HIV criminalization, HIV testing, immigration, prevention and prisons.

Marriage in the Balance: California's Proposition 8 Too Close To Call

Current reported election results suggest that Proposition 8 in California may pass, but the vote is extremely close and all ballots have not yet been reported. This would be an incredibly disappointing loss for our community and especially for thousands of loving, committed couples in California. As this relentless battle continues, Lambda Legal is heartened by the way our community and our allies have worked together and by the tremendous outpouring of time, talent and financial support for equality.

Whatever the outcome of the election, existing California marriages are valid and the state Attorney General Jerry Brown agrees. Strong California law says that important rights can't be taken away retroactively. We know, however, that these existing marriages may be attacked, and Lambda Legal stands ready to protect existing marriages through litigation and other means. Lambda Legal and our sister legal organizations are challenging the validity of Prop. 8 if it passes.

Discrimination in Florida: Amendment 2 Passes

Florida voters approved Amendment 2 by a narrow vote of 62 percent to 38 percent. A constitutional amendment in Florida requires 60 percent vote for passage. Amendment 2 defines marriage so as to exclude same-sex couples from the definition of marriage and to rule out the recognition or benefits for marriages of same-sex couples from other jurisdictions or for so-called "substantial equivalents." Similar discriminatory provisions are already in effect in Florida through state laws, and Amendment 2 puts these discriminatory limits into the state constitution.

This is a disappointing loss, but we are encouraged by the number of people who voted against the amendment, and by the resources that came together to make this fight possible. Lambda Legal will continue to fight to protect same-sex couples and their families in Florida, just as we are doing in the case of Langbehn v. Jackson Memorial Hospital, where we are seeking justice for a woman who was denied access to her lesbian partner as she lay dying in a Miami hospital.

Defeat in Arizona: Proposition 102 Passes

Arizona voters approved Proposition 102 by a vote of 56 percent to 44 percent. The resulting amendment to the state's constitution states that "only a union of one man and one woman shall be valid or recognized as a marriage in this state." This loss is especially disappointing, after a broader antigay proposition was defeated in Arizona two years ago, but we are encouraged by the number of people who voted "no" to the discriminatory measure. Lambda Legal will continue to fight to protect same-sex couples and their families in Arizona.

In Arkansas: Adoption Rights Affected by Antigay Ballot Initiative

Arkansas voters approved Initiative Act 1 by a vote of 56.5 percent to 43.5 percent. The resulting law will ban unmarried cohabitating couples from serving as foster or adoptive parents, a law that applies equally to different-sex and same-sex unmarried couples as well as to all adoptions from public and private child-serving agencies. We are disappointed by this loss and will continue to fight for the rights of all same-sex couples and LGBT parents with respect to adoption, becoming foster parents and protection of their families in Arkansas.

Victory in Connecticut: Convention Rejected

On a very positive note, Connecticut voters defeated Question 1 by a vote of 60 percent to 40 percent. Question 1 asked voters whether a constitutional convention should be convened for the purpose of changing the constitution, a move that could have provided the opportunity to add an antigay marriage amendment to the state constitution in order to reverse the recent marriage victory there.

We are pleased that the voters in Connecticut were not swayed by the misleading campaign in favor of the convention and did not support the hidden backlash against the recent state Supreme Court decision legalizing marriage for same-sex couples. It is reassuring to know that this ballot measure has no effect on the good news in Connecticut: marriages for same-sex couples will start taking place there on November 12.