Even failure sometimes signals meaningful progress. That was the case earlier this week when 52 U.S. senators voted in favor of a based on sexual orientation and gender identity.
Since 60 votes were needed to pass, the amendment to the Every Child Achieves Act was defeated. But the majority vote was itself a milestone. It suggests the momentum for equality for gay people is continuing after the Supreme Court’s historic decision on same-sex marriage.
Colorado’s senators split on the measure, with Sen. Michael Bennet in favor and Cory Gardner opposed.
Some opponents of the amendment to the replacement bill for No Child Left Behind argued that it would provoke a flurry of lawsuits and that such authority in any case belonged at the state level. But federal civil rights laws already forbid discrimination on the basis of race, color, sex, religion, disability, and national origin. Adding sexual orientation and gender identity would only reflect the tenor of the times.
Colorado’s Rep. Jared Polis offered a similar, stand-alone measure in the House Rules Committee last week, but it wasn’t accepted. However, the Boulder Democrat was encouraged by the Senate vote.
“While [the measure] didn’t receive the 60 votes necessary for passage, this represents a giant step forward in our effort to make sure LGBT students have a safe and welcoming place to learn,” Polis said.
He was referring to surveys that show a shocking percentage of LGBT students have been bullied, contributing to higher rates of absenteeism, academic underachievement and even suicide.
Fortunately, some states have instituted protection on their own, with Colorado passing an anti-bullying bill to protect LGBT youth in 2011. That bill requires school districts to adopt comprehensive anti-bullying policies and created a grant program to fund anti-bullying programs.
This is the right approach, but it doesn’t obviate the need for a national policy barring such discrimination.
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