LGBT Equality: The Best and Worst of 2009

2009 was a topsy-turvy year for LGBT rights supporters, marked with a mix of hard-fought victories and bitter defeats. Here is a summary of the best and the worst this year had to offer:

The Best of 2009

Congress Passes the Hate Crimes Prevention Act

Formally known as the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, the law expands existing Hate Crimes legislation to cover crimes based on gender, sexual orientation, gender identity, or disability. The bill was first introduced to the House of Representatives in April, 2001, and finally signed into law by President Obama on October 28th, 2009 as part of the 2010 Defense Bill.

Right wing opponents portrayed the bill as one that would somehow inhibit free speech and infringe upon the rights of 'people of faith'. The fact is that the Federal Hate Crimes Law has been in force since 1969 and is specific to violent crimes and actions, not free speech. This act was simply extending protections beyond race and religion to other groups who have been victimized. According to FBI Hate Crime Statistics, sexual identity ranks closely behind religion as the third most common class of hate crimes in the United States.

If not for the heroic efforts of Judy Shepard, this bill would not have come to pass. Since the death of her son more than ten years ago, she has fought tirelessly to raise awareness, change perceptions, and influence legislation.

Judy Shepard - I'm so sorry for the tragic loss of your son, and am deeply moved by and thankful for your courage to do something about it. I can't imagine where the LGBT equality movement would be without your passion and commitment. You are a true inspiration.

Same-Sex Marriage Triumphs Around the US and the World

At the start of 2009 only two states in the US, Massachusetts and Connecticut, permitted same-sex marriage. Over the course of the year, three more states followed suit - as did our nation's capital - while two more states added domestic partnership language.

Here is a quick run-down of who did what in the US:

• Iowa Supreme Court Legalizes Same-Sex Marriage (4/3/09)


• Vermont Legalizes Same-Sex Marriage - overriding Governor veto (4/7/09)


• New Hampshire Legalizes Same-Sex Marriage (6/3/09)


• Wisconsin Recognizes Domestic Partnerships (6/29/2009)


• Washington State Passes "Everything But Marriage Law" (12/3/2009)


• Washington DC City Council Legalizes Same-Sex Marriage (12/18/09)

The US wasn't the only country who stepped forward on the same-sex marriage front. Here are some notable victories from around the world:

• Sweden Legalizes Gay Marriage (4/1/2009)


• Mexico City Legalizes Gay Marriage (12/21/2009)


• Argentina Holds first Gay Marriage (12/28/2009)

National Equality March Draws Approximately 250,000

On October 11, 2009, a sea of humanity engulfed the grounds of the United States Capitol in Washington DC, carrying a resounding message to Congress: We demand equal rights for all LGBT Americans.

Skeptics said we wouldn't come. We did. Antagonists said that the LGBT community was too fractured and apathetic to summon a true identity, let alone speak with a unified voice. They were wrong. We were one, and we spoke with conviction and power. As was said many times throughout the orations, we are on the right side of history and we will persist until this battle is won.

Thanks to the leadership and vision of Cleve Jones, along with contributions from LGBT activists across the country, this event was a phenomenal success. An estimated 250,000 people marched, and many were inspired to bring the message back home to their local communities. The key question is whether the momentum will continue into 2010 - especially on the heels of some bitter disappointments in the November elections. Only time will tell.

Either way - kudos to those who worked so hard to make this vision a reality.

Gays win Office Around the US and the World

2009 was a banner year for 'out' politicians. According to the Gay & Lesbian Victory Fund, over sixty openly gay and lesbian candidates won office around the United States. Some notable victories included:

• Annise Parker - Mayor of Houston, TX


• Mark Kleinschmidt - Mayor of Chapel Hill, NC


• Simone Bell - State Legislator in Georgia

Likewise, gay candidates fared well in other key elections worldwide. Here are two highly visible international positions:

• In Iceland, Johanna Sigurdardottir becomes world's first openly lesbian Prime Minister (2/1/2009)


• In Germany, Guido Westerwelle becomes world's first openly gay Foreign Minister (10/28/2009)

Milk Wins Best Original Screenplay and Best Actor

The LGBT community rejoiced when the blockbuster motion picture Milk - based on the true story of Harvey Milk, gay activist and California's first openly gay elected official - won Academy Awards for best original screenplay (Lance Black) and best actor (Sean Penn).

Harvey Milk was a heroic champion of LGBT equal rights, and the movie did an outstanding job portraying his life and honoring his legacy.

Sports Stars Speak Out About their Sexuality

• Donal Og Cusack - "All Ireland hurling star" reveals he is gay in his autobiography Come What May released 10/21/2009.


• Gareth Thomas - Welsh Rugby legend - Comes Out of the Closet: On December 19th, 2009, Gareth Thomas, professional rugby player and national team veteran, announced to the public that he is gay.

Homosexuality Decriminalized in India

On July 2nd, 2009, The Delhi High Court declared that the 1861 law pertaining to homosexuality violates India's Constitution - in effect, legalizing homosexuality in the country's capital city and paving the way to legalization throughout India.

For an overview of homosexuality laws worldwide, visit Wikipedia's page on LGBT Rights by Country or Territory, which includes a color-coded world map and a table that nicely summarizes each nation's laws.

The Worst of 2009

U.S. LGBT Hate Crimes on the Rise

The FBI's annual publication of hate crime statistics showed that anti-LGBT hate crimes rose by almost 13% in 2008. While 2009 numbers have not yet been reported, the chilling story of Jorge Steven López Mercado - a 19 year old gay Puerto Rican who was murdered, burned, dismembered, and decapitated on November 13th, 2009 - reminds us all of the true horror of hate crimes and the homophobic scourge that plagues our society.

Same-Sex Marriage Defeated in Key States

While we celebrated same-sex marriage victories in several states around the US, we were reminded that victory is not always certain, and is sometimes only fleeting. Until we win the right to same-sex marriage on a Federal level, we will continue to be subjected to costly and bitter battles on a state by state basis.

• California Supreme Court Upholds Proposition 8 (5/26/09)


• Maine Repeals Same-Sex Marriage Legislation (11/3/09) - Original legislation was signed by Governor on 5/6/09


• New York State Senate Votes Down Gay Marriage Bill (12/2/09)


• New Jersey Gay Marriage Bill is Destined for Defeat (1/1/2010)

Persecution of Gays Escalates Around the World

2009 also revealed disturbing trends around the world, where gays are not only fighting for equality, but for their very lives:

• Iraq - Execution squads terrorize the LGBT community while the international community does nothing


• Burundi - Homosexuality criminalized in response to LGBT community's demand to end discrimination (April 2009)


• Rwanda - Debating legislation to criminalize homosexuality


• Uganda - Legislation proposes to criminalize homosexuality, including penalty of death for some


• Honduras - Gay hate crimes surge in wake of presidential coup

Gay Bars Raided 'Stonewall Style'

• Fort Worth: The Rainbow Lounge is raided by police while celebrating the 40th anniversary of the Stonewall riots (6/28/2009)


• Atlanta: The Atlanta Eagle is raided by police, laying 62 handcuffed patrons face down on the floor for an hour while they search the establishment (9/10/2009)

Key Federal Battles Fizzle in the US

While passage of the Hate Crimes Prevention Act offers new protections for the LGBT community, it is only one step forward in the march to equality. There are still several key battles yet to be fought at the federal level, and patience is wearing thin for LGBT political leaders who continue to wait until 'the timing is right'.

The fundamental rights I believe are crucial to LGBT equality include:

1. The right to live freely - without fear of physical or verbal abuse due to sexual identity


2. The right to love and marry a same-sex partner - receiving the same federal and state benefits extended to heterosexual couples


3. The right to raise a family - including the right to adopt children


4. The right to earn a living - without fear of being fired or harassed due to discriminatory policies based on sexual identity


5. The right to serve one's country in any of the armed forces without having to hide one's sexual identity

To achieve these rights, we must repeal discriminatory legislation such as the Defense of Marriage Act, and Don't Ask Don't Tell.

And we must add legislation such as the Employment Non-Discrimination Act to the existing arsenal of Equal Employment Opportunity Laws to prevent discrimination based on sexual identity from occurring in the workplace.

The Verdict

Only time will tell where 2009 ranks in terms of progress towards LGBT equality. The Mathew Shepard Bill was certainly a major victory, as were many of the same-sex marriage battles in states around the U.S. And as anyone who attended the National Equality March will attest, it was an emotional and inspiring event that had all the hallmarks of a legitimate civil rights movement.

Yet as I compare where we are now to where we were in the days Harvey Milk championed LGBT equal rights, I feel like social attitudes toward the LGBT community have progressed significantly while legislative progress has been almost stagnant. Each battle we win at the state level is contested and repealed when brought to a public vote. Meanwhile, as these political battles are waged, a backlash of anti-LGBT violence seemingly follows.

We will not be successful in achieving equal rights for all until federal legislation mandates it. Our legislators will not enact legislation until they hear their constituents demand it. We are their constituents.

Will your voice be heard in 2010?