While the recent U.S. Supreme Court ruling that legalized marriage for same-sex couples in all 50 states was a major victory, we still have other unfulfilled goals to achieve full equality. The marriage decision, Obergefell v. Hodges, will effect policy and legal changes, which are likely to happen quicker and with more support from those who either once opposed us, or were lukewarm to the issues affecting our community. Much of this rests on the strength of Justice Anthony Kennedy's majority opinion, with its recognition of "equal dignity" for same-sex couples.
Workplace discrimination
Same-sex married couples living in traditionally red states, especially in the South and Midwest, need laws that protect LGBT people from workplace discrimination. The tired but true phrase "married today but fired tomorrow" likely will be experienced by some and they will need legal assistance and perseverance to succeed. But as awareness of this issue grows �" and neighbors see news stories about people being fired from their jobs because of who they love �" the political momentum for change will accelerate. This could speed up with help from the business community as companies adopt non-discrimination workplace policies �" or it may take lawsuits to make that happen.
And this doesn't only apply to gays and lesbians. Transgender people, with an assist from Caitlyn Jenner's media savvy, are also seeing increased attention paid to their employment issues. While Jenner doesn't have to worry about her options �" her reality TV show starts this month �" she has indicated in recent comments that she wants to help other trans folks. As long as she's smart about that, she could influence public opinion positively. The introduction of anti-LGBT discrimination laws should include sexual orientation and gender identity.
At the federal level, it's paramount that the LGBT community abandon the tired Employment Non-Discrimination Act �" it's not going anywhere in Congress and, more importantly, has been so larded down with religious exemptions that it won't accomplish its intended goals. President Barack Obama last year issued an executive order that adds sexual orientation and gender identity to the list of protected categories in the existing executive order covering federal contractors. Increasingly, businesses realize that LGBT workplace equality is good for their bottom line. Just last month, Exxon Mobile, long the scourge of LGBT organizations for its lack of workplace protections for LGBT employees, allowed members of its gay employee group to march in the Houston Pride parade with a company banner. (The story landed on the front page of the business section of the New York Times .)
In many ways, company CEOs are leading the fight for workplace equality because they know that, in the long run, satisfied employees are more productive workers. But it will take more than the Tim Cooks and Marc Benioffs of the business world to bring about workplace equality. Congress must eventually act, and that's where business leaders, especially those whose companies operate in red states, can have an impact. They're the ones who donate to Republican politicians, and they should start conversations with GOP lawmakers about ending workplace discrimination. Unemployed LGBTs mean more people on public assistance rolls, and GOP lawmakers should appreciate any efforts to prevent that.
The state-by-state approach is ineffective. The most glaring retreat was by Indiana Governor Mike Pence, who had the legislature revise a religious freedom law after his state faced a backlash from businesses and others. But then again just this week, Kansas Governor Sam Brownback, a staunch homophobe, issued an anti-LGBT executive order "protecting" the religious freedom of Kansas clergy and religious organizations and pandered to the false notion that they will be stripped of their First Amendment rights due to the Supreme Court's marriage decision.
Instead of ENDA, the Human Rights Campaign should advocate for a simpler bill �" and it needs Republican lawmakers on board. HRC has long described itself as a bipartisan organization, despite common knowledge that it heavily favors Democrats. With the marriage issue settled, HRC needs to be able to do the very heavy lifting necessary to advance workplace protections. If that means a leadership change at the top for the organization, so be it.
Trans military service
In June, the Air Force announced a change to its decision authority for involuntary separations for enlisted airmen diagnosed with gender dysphoria or who identify themselves as transgender. While the Defense Department's policy of not allowing open trans service remains in place, the Air Force and the Army, which instituted a similar policy change in March, have now made it more difficult to discharge a trans person from those branches. The new policies mean that separation action in most cases now must first be reviewed by the secretary of the Air Force Personnel Council for a recommendation, then decisions will be made by the director of the Air Force Review Boards Agency. Last week the Navy and Marines followed suit.
Supporters of open trans service pointed to the Air Force and Army changes as positive first steps for a portion of the approximately 15,000 current transgender service members serving across all branches.
Much like the long road to repealing "Don't Ask, Don't Tell" that prohibited open service by LGB service members, the recent changes regarding trans service members have started slowly, but are building crucial support. Defense Secretary Ashton Carter must commit to updating regulations to allow for open military service by transgender people.