California's two Democratic U.S. senators, Barbara Boxer and Dianne Feinstein , are facing increased pressure from LGBT leaders to take charge on pro-gay legislation as Congress returns from its summer recess.

The calls for the two female lawmakers to take the lead in pushing for LGBT bills have increased since the death of Massachusetts Senator Edward M. Kennedy, considered the LGBT community's strongest ally in the Senate. And they come amid rising concern that LGBT issues will fall by the wayside as Congress becomes bogged down by the health care reform debate and next year's midterm elections.

Even prior to Kennedy's death last month, Boxer and Feinstein had been pressed by LGBT leaders in California to become more engaged in pushing legislative efforts to pass pro-gay immigration reform and repeal of the military's anti-gay "Don't Ask, Don't Tell" policy, which bars LGBT service members from being open about their sexual orientation.

The four-member California Legislative LGBT Caucus wrote to both Boxer and Feinstein July 13 asking them to "take an active role" in repealing DADT by adopting the Military Readiness Enhancement Act of 2009 and to urge their congressional colleagues as well as President Barack Obama to lift the ban.

"Your leadership on this issue, which affects hundreds of thousands of active military personnel, their families, and veterans living in California, is sorely needed," wrote the lawmakers. "A bipartisan group of 158 co-sponsors led by Rep. Patrick Murphy , a moderate Democrat from Pennsylvania, has weighed in supporting an end to this discriminatory federal policy, and not having you also publicly in support is disappointing, especially given the number of people this affects in your state and across the country."

The bill has been introduced in the House in each two-year session of Congress since 2005; it has yet to be introduced in the Senate. Prior to his death, Kennedy had expressed interest in introducing the bill in the Senate.

The lack of a Senate version prompted state Senators Mark Leno (D-San Francisco) and Christine Kehoe (D-San Diego), along with Assemblymen Tom Ammiano (D-San Francisco) and John Perez (D-Los Angeles) to request that Boxer and Feinstein do so in their letter.

"Your state's legislature and courts have repeatedly extended numerous protections based on sexual orientation and gender identity that affirm full equality for LGBT residents in order to prevent discrimination, including this year's SJR 9 calling for the repeal of 'Don't Ask, Don't Tell.' We urge you to do the same for our armed forces," wrote the lawmakers, referring to a state Senate resolution authored by Kehoe that passed out of the Senate Veterans Affairs Committee on June 23. "This policy is not only unfair but also undermines the very military might it purports to be strengthening."

Leno said he is planning to also send Boxer and Feinstein a letter urging them to take a leadership role in repealing the federal anti-gay Defense of Marriage Act, which prohibits the federal government from recognizing same-sex couples in state-sanctioned marriages or other legally-recognized relationships. So far no such bill has been introduced in either chamber; Congressman Jerrold Nadler (D-New York) is expected to introduce a DOMA repeal bill in the House this month while activists have been urging Russ Feingold (D-Wisconsin) to follow suit in the Senate.

Last week the Washington Blade published a chart listing where eight LGBT bills stand in Congress and the lawmakers taking a lead role in sponsoring the legislation. Boxer and Feinstein, despite their being from a state long known for taking a

Senator Barbara Boxer. Photo: Steven Underhill

leadership role in advocating for LGBT rights, were conspicuously absent from the list.

"Where are our U.S. senators? Where is their voice? Where is their leadership?" questioned Leno during a recent interview with the Bay Area Reporter. "We need our friends to step forward and take the lead in the U.S. Senate."

Asked about the lawmakers' letter and the growing perception among LGBT leaders that she is not taking a lead in pushing for LGBT rights, Feinstein issued a two-sentence reply through her spokesman.

"I firmly believe that Americans wishing to serve in the Armed Forces should be judged by their competence, their courage and their willingness to serve – not by their race, creed, color, gender or sexual orientation," stated Feinstein in the e-mailed statement. "I do not support the 'Don't Ask, Don't Tell' policy, and I believe it should be changed."

Boxer's office did not respond to a request for comment. Boxer is up for re-election next year and is viewed as a prime target for defeat by Republicans.

It is unlikely she will face a Democratic challenger in next summer's primary, but Boxer can ill afford to lose LGBT support in the general election. And like their legislative counterparts, her LGBT constituents are beginning to closely examine Boxer's record in terms of LGBT bills this year.

"I feel that Boxer has been considered a champion of LGBT issues, however, unless you are pushing for legislation and doing more than just co-sponsoring, you really are not championing the issue," said out lesbian Marin County resident Melanie Nathan, a conflict resolution specialist who founded San Francisco-based agency Private Courts. "I don't know who is taking the lead on these issues. I certainly would like to see Senator Boxer take the lead."

Nathan said she is becoming increasingly concerned that the attention of Congress and the president is being usurped by the health care reform debate, and that is being used as an excuse to ignore other matters of importance to LGBT citizens.

"The question then remains is that a good reason to fail to take leadership on issues that seriously impact civil rights when we have a friendly president, supposedly, and a friendly Congress and a friendly Senate?" asked Nathan. "As a lesbian, I feel terrified we are going to be left behind again."

Nathan was part of a group of LGBT advocates who met with Feinstein's Washington, D.C. staffers June 3 to press the senior lawmaker to sign on to the Uniting American Families Act. The legislation, introduced by Senator Patrick Leahy (D-Vermont), would allow the foreign-born partners of LGBT Americans to apply for U.S. citizenship. While Boxer is a co-sponsor of the bill, Feinstein has yet to sign on to the legislation.

Just this week the state Assembly passed AJR 15, introduced by Assemblyman Kevin de Leon (D-Los Angeles) and co-sponsored by Equality California, which calls on Congress and the president to adopt the UAFA. It will go before the state Senate for a vote in January.

"Our current immigration laws keep thousands of families apart simply because they are headed by same-sex couples," stated EQCA Executive Director Geoff Kors. "We urge Congress and the president to stop penalizing these families and to pass the Uniting American Families Act so that all families enjoy equal protections and security under the law regardless of sexual orientation."

Nathan, a South African trained lawyer with American citizenship, had sought Feinstein's help last year as she dealt with her wife's immigration issues. This year she sought Feinstein's assistance to block the deportation of Pacifica resident Shirley Tan, an out lesbian who had faced being sent back to the Philippines and leaving her partner and two boys behind.

The two women had gone to the Capitol to testify in support of Leahy's legislation and to press Feinstein to back it. Her lack of doing so has confounded LGBT activists, considering Feinstein has intervened on behalf of Tan and Nathan with their immigration issues.

"What came out of that meeting was my understanding that there are elements in UAFA that are of a concern to Senator Feinstein," said Nathan. "My question is have Feinstein and Boxer ever sat down and discussed it?"

The B.A.R. would like to know as well. But despite the paper's requests, interviews with both senators have yet to be scheduled.

Low set for national Dem post

Also voicing a desire to see Boxer and Feinstein take more leadership roles on LGBT legislation is openly gay Campbell City Councilman Evan Low, who is in Austin, Texas today (Thursday, September 10) where the Democratic National Committee is set to elect him and five other LGBT people to at-large positions.

"I personally would like to see them take a more aggressive approach on this. Being part of the LGBT community as an elected official, I understand there might be some hesitation or some particular challenges they might encounter just given the process," said Low. "Understanding their fundamental principles and values are important, if this falls in line with that this is something they should move forward on. Listening to their constituents is also important too."

The DNC's chairman, Virginia Governor Tim Kaine , included the six LGBT candidates among a list of 75 people he nominated for at-large positions on the Democratic Party's steering committee. In addition to Low, those also up for the party posts include Lupe Valdez, the lesbian sheriff of Dallas County, Texas; Terry Bean , who lives in Portland, Oregon and co-founded the Gay and Lesbian Victory Fund in 1991; Washington, D.C. resident Earl Fowkes, who is on the board of the Gay and Lesbian Leadership Institute and president of the International Federation of Black Prides; Barbra "Babs " Casbar Siperstein , an author of the Dallas Principles who is president of the New Jersey Stonewall Democrats and will be the first openly transgender person to serve on the DNC; and Randi Weingarten , an out lesbian who lives in New York and is president of the American Federation of Teachers, AFL-CIO.

"To put it succinctly, 'the LGBT community made out like bandits!!!,'" wrote Rick Stafford, chair of the DNC LGBT Americans Caucus, in an e-mail following the announcement. "Our overall caucus membership numbers increased 80 percent over the number we held when we convened in Denver."

All six are expected to win election to the DNC positions. Kaine also appointed Maryland State Delegate Heather Mizeur , an out lesbian, to the DNC's Executive Committee.

Stepping down this year is out lesbian San Francisco resident Mirian Saez, a top level staffer for Mayor Gavin Newsom who has served as vice chair of the DNC's LGBT Caucus.

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