GOP landslide could doom equality legislation

With both chambers of the state legislature and all the top offices in state government about to be filled with a Republican majority, leaders of the state’s major LGBT organizations say that pro-equality legislation is likely dead in the political water.

There are currently several laws favored by LGBT activists languishing in the state legislature, particularly the Republican-controlled Senate. Now that Republicans will have control of the House too, most observers think such legislation has little chance of passing either in the lame duck session or in the next legislative session.

Those bills include an amendment to the state’s Elliot-Larsen Civil Rights Act to include sexual orientation and gender identity and expression; legislation to legalize second parent adoption; anti-bullying legislation; and legislation to amend the state’s current Ethnic Intimidation Act to expand the definition of bias motivated crimes.

The Elliot-Larsen Amendment, anti-bullying legislation and anti-bias crimes legislation have all cleared house panels in the current legislature, with anti-bullying legislation having been approved by the House and sent to the Senate.

Phil Volk, head of the Michigan Democratic Party LGBTA caucus, says anti-bullying legislation, in a watered down form, might move through the new legislature. But everything else, he says, is likely off the table.

“All other gay rights bills will be dead-stopped by the Republicans. We have to do an end-run and get the public on board with us. We are going to get involved in marches, teach-ins, and campaigns to get the public aware of those needs,” Volk says. “Then we will go back to the politicians with the names of the people in their district who support these bills.”

Joe Sylvester, president of the Michigan Log Cabin Republicans, says that while his organization has not formally endorsed the anti-bullying law, he agrees that the bill is unlikely to pass. “I believe that Senator Kuipers’ statement that such legislation is dead is an accurate one,” Sylvester said, “and I don’t see the Democrats pushing the issue after the election defeats that they suffered.”

As for amending the state’s anti-discrimination law, Sylvester says he doubts the legislature will take it up under Republican control. Instead, he says, the Log Cabin Republicans encourage local communities to continue to create local ordinances to protect LGBT people from discrimination in housing, employment and public accommodations. He points to the electoral success in 2009 of the Kalamazoo ordinance. Voters there were asked to accept or reject such an ordinance, and overwhelmingly approved the law. Other municipalities have failed to pass similar ordinances, including Hamtramck.

Currently only 18 municipalities in Michigan have anti-discrimination ordinances, including Lansing, East Lansing, Grand Ledge, Grand Rapids and Ferndale.

Emily Dievendorf, director of policy for Equality Michigan, sounded a more positive note and says her organization still hopes to have influence with the new legislature.

“The Republican sweep of Michigan government has accomplished the opposite of making progressive causes irrelevant. In 2011 it will be all the more necessary that we are an active and resourceful part of the policy dialogue,” says Dievendorf. “Equality Michigan still believes that our newly elected leaders can take their responsibility to their constituencies seriously and in doing so acknowledge that we all need access to jobs, health care, housing, safety, and education, as well as the resources necessary to be good parents, neighbors, and strong families.”

While Equality Michigan says that the state’s economy will be a top priority for Governor-elect Rick Snyder and the GOP dominated legislature, she says inclusive policies for the LGBT community should be a part of that.

“Business leaders like Snyder know that creating a state that attracts the best and brightest means ensuring that all Michiganders are treated fairly and equally. Developing policies that do this are logical and integral to any possible sustained growth for our state,” she said. “Snyder can use his business acumen and new role to reach his caucus and prioritize his legislative goals to move all of Michigan forward.”