Ed Markey, LGBTQ Ally: A Legislative History
By: Owen Mortner
Senator Ed Markey is best known for his advocacy around the intersectional and generation-defining issue of climate change. But even in his first term, he has quickly become one of the Senate’s most effective and consistent advocates for civil rights and LGBTQ+ equality. Similarly to Markey’s extensive legislative history on climate, his work on protecting and expanding LGBTQ+ rights stretches back to an era where those positions were not widely popular. As a senior member of the Senate Committee on Foreign Relations, Markey has demonstrated invaluable expertise and initiative in working to protect and expand LGBTQ+ rights both at home and overseas.
DOMA Vote (1996)
In 1996, Markey voted against the Defense of Marriage Act (DOMA), which codified non-recognition of same-sex unions for all federal purposes and allowed states to deny recognition of same-sex marriages conducted in other states. For context, only 15% of the House voted against DOMA and less than a third of House Democrats did.
The Senator has also consistently opposed “Don’t Ask, Don’t Tell” and fought for its repeal in the House. Following the tragic PULSE nightclub mass shooting in 2016, Markey worked with a bipartisan coalition of lawmakers in the Senate to try and end discriminatory blood donation policies in the United States.
International Human Rights Defense Act (2014, 2019)
In December of 2013, India’s Supreme Court made the decision to reinstate the criminalization of homosexuality. Other nations such as Uganda and Gambia also enacted laws that would punish homosexuality with life imprisonment. In response to these alarming developments, the Senator authored and introduced the original International Human Rights Defense Act, designed to establish a comprehensive strategy for combating LGBTQ+ violence and bigotry overseas.
The bill directed the Secretary of State to appoint “a special envoy for the human rights of LGBTQ+ people” that would lead government efforts to incorporate advancement of LGBTQ+ rights into broader US foreign policy and would also authorize USAID to provide assistance designed to prevent discrimination against LGBTQ+ persons. Additionally, the envoy was charged with developing a six-year global strategy to address and respond to international violence against the LGBTQ+ community.
Although then Secretary of State John Kerry appointed such an envoy in 2015, the appointment was not officially codified into law and the Trump administration has so far failed to fill the position. Markey reintroduced the bill in 2019.
Equality Act (2019)
Markey was one of the original 46 cosponsors of the Equality Act, which would amend existing civil rights law to include non-discrimination protections for LGBTQ+ Americans in employment, housing, education, and other key areas. The purpose of the bill was to strengthen civil rights protections for everyone and to include sexual orientation and gender identity as a federally protected group.
The bill passed the House in May of 2019 and is currently awaiting a vote in the Senate. Markey’s leadership and early support for the Equality Act in the Senate was recognized by numerous organizations including the Human Rights Campaign as well as artist Taylor Swift. In June of 2019, Markey stated that he would continue to fight for the bill’s passage in the Senate and reiterated that the United States, “will not tolerate attacks on the LGBTQ+ community.”
The GLOBE Act (2019)
In December of 2019, Senator Markey introduced the Greater Leadership Overseas for the Benefit of Equality Act (GLOBE) which aimed to codify a federal commitment to addressing LGBTQ discrimination abroad into U.S. law. Specifically, the bill would, among other things, establish an interagency group within the U.S. government focused on responding to LGBTQ+ discrimination in other countries, authorize sanctions against foreign governments and groups who violate LGBTQ rights, and permanently establish LGBTQ+ persons as an official social group for the purposes of US asylum claims. Markey stated that the intended purpose of the GLOBE Act was to, “reaffirm the United States’ lead role as protectors and defenders” of LGBTQ+ rights.
BE HEARD in the Workplace Act (2019)
Senator Markey was an original cosponsor of the BE HEARD in the Workplace Act which would overhaul existing practices for workplace discrimination and ensure protections for historically marginalized groups. The bill explicitly prohibits workplace discrimination on the basis of gender identity and sexual orientation and also establishes grants to respond to reported discrimination and harassment, including legal representation funds for low-income workers. Additionally, the bill requires businesses 15 or more employees to enact a comprehensive anti-discrimination policy and mandates specific training through the Equal Employment Opportunity Commission.
Gay and Trans Panic Defense Prohibition Act (2019)
In 2019, Markey reintroduced the Gay and Trans Panic Defense Prohibition Act (2019) which would federally prohibit the use of the gay or trans panic legal defense as an excuse for violent crimes in US courts. Although several states have outlawed the defense, its prohibition is not codified into federal law and it is still a legally acceptable defense in many states, despite the official recommendations of the American Bar Association and numerous other nonpartisan organizations. Markey has been a consistent advocate for the bill and authored and introduced its original version in the Senate.
These bills represent only a snapshot of the legislative and grassroots efforts the Senator has led throughout his career. His demonstrated capacity for building coalitions around critical and transformative civil rights legislation that attacks discrimination at home and abroad, make him an invaluable ally and advocate for the LGBTQ community in Massachusetts and across the globe.
Ed Markey has hit the ground running in his first term in the Senate, and now, with the Trump administration threatening the human rights of the LGBTQ+ community on a daily basis, we cannot afford to lose his legislative experience and progressive leadership in Washington. Markey’s seniority on the Senate Foreign Affairs Committee and his initiatives on incorporating LGBTQ+ rights expansion into U.S. foreign policy make him an invaluable member of the Democratic Caucus. If Markey were to be replaced, the United States would likely lose one of its biggest champions for international human rights.
