Equal Rights: A Matter of Pride

Bryan Dalton, The Hindu, Monday, Jul 19, 2010
http://www.hindu.com/2010/07/19/stories/2010071954181000.htm

The U.S. administration has put equal rights for lesbian, gay,
bisexual, and transgender people on a stronger footing, including in
its global human rights policy.
Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Month has just
been celebrated in June, in the United States and around the world.
This milestone, and the principles of “life, liberty and the pursuit
of happiness” that America recently celebrated on our Independence
Day, July 4, bring me to reflect on how much has changed since Pride
Month in June 2009.

I was proud and moved to watch a public White House ceremony on June
22, 2010 that included lesbian and gay White House officials, at which
President Barack Obama announced that same-sex partners of U.S.
Federal Government employees would receive the same benefits and
protections given to opposite-sex spouses. President Obama reiterated
his determination to eliminate the “Don't ask, don't tell” policy, in
place for nearly 20 years, which bars openly homosexual or bisexual
individuals from serving in the U.S. military. He cited unprecedented
support for repeal from the U.S. Secretary of Defense and the Chairman
of the Joint Chiefs of Staff. He noted that the U.S. Senate Armed
Forces Committee has approved repeal, with the full Congress due to
vote on the issue soon.

In October 2009, we watched with pride as President Obama signed into
law the “Matthew Shephard and James Byrd, Jr. Local Law Enforcement
Hate Crimes Prevention Act.” Shephard was a 21-year old man in
Colorado who was beaten, tortured, tied to a fence, and left to die,
for being gay. In June 2010, we joined our transgender friends in
welcoming the U.S. Department of State's announcement allowing
transgender individuals to receive passports showing their new gender.
(In this, we are preceded by the Government of Tamil Nadu, which
already issues state ID cards recognising transgender status.)

But of special importance to me, as a gay American representing the
U.S. abroad as a diplomat, is that the U.S. Government is integrating
equal rights for LGBTs into its foreign policy — as part of its
comprehensive human rights agenda. With pride, I watched online a
ground-breaking Pride Month ceremony at the State Department in
Washington, D.C. on June 22, the first such event attended by a U.S.
Secretary of State. Secretary Hillary Clinton reminded the audience
that “men and women are harassed, beaten, subjected to sexual
violence, even killed, because of who they are and whom they love.
Some are driven from their homes or countries, and many who become
refugees confront new threats in their countries of asylum. In some
places, violence against the LGBT community is permitted by law and
inflamed by public calls to violence; in others, it persists
insidiously behind closed doors. These dangers are not ‘gay' issues.
This is a human rights issue. Let me say today that human rights are
gay rights and gay rights are human rights.”

Secretary Clinton has issued instructions to all U.S. diplomatic
missions making clear that rights of LGBT persons are on a par with
rights of all other populations. “We are elevating our human rights
dialogues with other governments and conducting public diplomacy to
protect the rights of lesbian, gay, bisexual, and transgender
persons,” she said. Demonstrating this policy, in the past year the
U.S. Government has protested the killing, arbitrary arrest, and abuse
of LGBT persons in Iraq, Malawi, and Uganda. President Obama,
Secretary Clinton and U.S. diplomats have spoken out against draft
legislation in countries that would penalise same-sex relationships,
including with the death penalty.

Another milestone was the June 2009 announcement by the State
Department that it would extend diplomatic privileges and immunities
to the same-sex partners of foreign diplomats assigned to the U.S.,
and provide benefits to the maximum extent permitted by law to the
same-sex partners of U.S. diplomats. Some concrete examples of these
new rights and privileges include issuing partners U.S. diplomatic
passports; announcement of the partners to, and requesting diplomatic
visas from, host governments in countries of assignment; payment of
travel to and from the U.S. to posts abroad; and access to U.S.
medical facilities abroad. These are the benefits and protections
given automatically to the spouses of married employees, and inclusion
of same-sex partners removed significant barriers between LGBT
employees and the rest of the Foreign Service. The previous
discrimination has caused many LGBTs, including ambassadors, to avoid
or leave diplomatic service, taking with them valuable experience,
skills, and talent.

But real hurdles remain. As President Obama stated upon signing the
Hate Crimes Act, in the U.S. alone, “over the past 10 years, there
were more than 12,000 reported hate crimes based on sexual orientation
alone. And we will never know how many incidents were never reported
at all.” The U.S. has no law prohibiting discrimination on the basis
of sexual orientation or gender identity for employees outside the
Federal government workforce. Americans may not petition for
immigration of their foreign national same-sex partners. Same-sex
partners of Federal government employees still may not enrol in
employer-provided health insurance or pension plans.

Some in the U.S. marvel at how quickly discrimination against LGBTs is
being dismantled while others are impatient that not enough is
happening — fast enough. In such democracies as India and the U.S.,
social and legal change is incremental and depends on the dedicated
efforts of citizens working together. While legislatures, governments,
and the courts have played a critical role, the fight for equal rights
for all has been led by courageous individuals. The changes we are
witnessing today are the result of decades of hard work by many
thousands of people through the democratic process. This is grassroots
activism, lobbying governments at the local, state, and national
levels.

Most powerful has been the simple yet difficult act of “coming out” —
LGBT persons revealing their sexual orientation or gender identity to
family, friends, neighbours, classmates, employers, and colleagues —
even at the risk of losing relationships, jobs, and even their own
physical safety. As our President said on June 22, “change never comes
— or at least never begins in Washington. It begins with acts of
compassion — and sometimes defiance — across America. It begins when
ordinary people ... speak out against injustices that have been
accepted for too long. And it begins when these impositions of
conscience start opening hearts that had been closed, and when we
finally see each other's humanity, whatever our differences.”

And as Secretary Clinton said at the State Department on the same day:
“We've come such a far distance in our own country, but there are
still so many who need the outreach, need the mentoring, need the
support, to stand up and be who they are, and then think about people
in so many countries where it just seems impossible ... So I hope that
each and every one of us will recommit ourselves to building a future
in which every person — every single person can live in dignity, free
from violence, free to be themselves, free to live up to their
God-given potential wherever they live and whoever they are.”

When we do that, then we can truly be proud.

(Bryan Dalton is Acting United States Consul General in Chennai.)

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