An unfortunate turn of events brought on by Sen. Teddy Kennedy's recent brain tumor diagnosis. Where will the support come from when he is unable to champion our fight for rights? Neither Obama or Clinton have stepped up to the plate.
No ‘heir apparent’ to Kennedy
Clinton, Obama mum on whether they would take lead in ENDA fight
JOSHUA LYNSEN
Friday, May 30, 2008
A stalwart champion of civil rights legislation, Sen. Edward Kennedy has been a key supporter of gay causes for years.
He defended the dignity of gay couples when the U.S. Senate considered amending the Constitution to ban same-sex marriage in 2004. He’s received perfect marks on each Human Rights Campaign Congressional Scorecard.
But now that Kennedy has been diagnosed with a malignant brain tumor, some political observers are wondering what will happen to federal efforts to advance gay legislation if the Massachusetts Democrat is sidelined.
“No one really comes to mind as his heir apparent,” said Dan Pinello, a City University of New York government professor. “And it’s too bad that I can’t think of someone like that.”
Clyde Wilcox, a Georgetown University government professor, agreed. He said gay activists might not find another senator like Kennedy, who advocated for their every cause.
“I just don’t see anyone automatically stepping forward in my mind to do that,” Wilcox said. “I see lots of people who would be on the right side, but he did have a unique set of circumstances that has let him play that role for some time.”
Kennedy, who was first elected to the Senate in 1962, enjoys name recognition, Senate seniority and a liberal constituency. He easily won his eighth term in 2006 and maintains a high job approval rating.
Because of this, Pinello said, Kennedy could advocate for gay causes without fear of electoral reprisal.
“He’s been one of the strongest and most reliable backers of LGBT rights in this country in terms of high-ranking politicians,” Pinello said. “And that’s saying a lot for someone who’s held such high elective office for so long and really been an icon of his own party.”
But David Smith, HRC’s vice president of programs and a former communications director for Kennedy, said the senator didn’t just champion gay causes because he could. He did so because it was right.
“I think it’s in his DNA to fight injustice, and frankly I think it’s in his family’s DNA to fight injustice,” he said. “When he sees an injustice, he will tackle it. It’s just part of who he is.”
Smith said that quality has made Kennedy an important ally of gay rights proponents.
“There has been no stronger, more effective, more committed champion for LGBT equality in Congress,” he said. “Period.”
Consequently, gay activists are loath to consider life without Kennedy.
“I cannot even imagine a Senate without Sen. Kennedy,” Smith said. “It’s hard to even talk about it because I can’t even imagine it.”
But as Kennedy remained at home, reportedly weighing his treatment options, it was unknown what would happen to his legislative docket, which included the Employment Non-Discrimination Act.
That measure passed the House in November, but has not yet been introduced in the Senate.
Kennedy was expected to seek a Senate vote on it this year. A spokesperson for Senate Majority Leader Harry Reid (D-Nev.) previously said that Reid would defer to Kennedy on the “strategy and timing” of such a vote.
It was unclear this week if another senator might take up ENDA in Kennedy’s absence or whether the bill might founder without Kennedy to lead the charge. Smith declined to discuss the situation.
“Legislative activities are not in our minds,” he said. “Wishing the best for him and his recovery and his family is what’s on our minds.”
Smith would not say whether HRC was preparing for the possibility that Kennedy, 76, might not be able to sponsor the measure.
“Our plan is to wish Sen. Kennedy a speedy recovery and to put our thoughts and prayers with him and his family,” he said. “That’s where our focus is and remains.”
The bill’s passage, however, might not hinge on Kennedy. Wilcox said any allied senator could take the lead on ENDA if Kennedy leaves the Senate.
“I would think that someone would take that up and say, ‘Look, Kennedy can’t be with us, but this has been a bill that he has cared about,’” he said. “If anything, you can imagine a little more reverential tone. ‘Win one for the Gipper.’ That kind of thing.”
Sarah Gegenheimer, a spokesperson for Sen. Hillary Clinton (D-N.Y.), declined to say whether Clinton would take the lead on ENDA in Kennedy’s stead.
Ben LaBolt, a spokesperson for Sen. Barack Obama (D-Ill.), said Obama “will continue to work to ensure that ENDA is passed,” but did not say whether Obama was open to being the bill’s lead sponsor.
Wilcox said someone inevitably would offer the bill in Kennedy’s absence, though, as “a policy the Senate works on in his honor.”
“I’m not sure that his being absent from the Senate floor would fundamentally change the nature of the debate,” he said. “And if anything, other people would be making his arguments for him.”
More problematic could be the viability of future gay rights proposals.
Pinello said the factors that helped empower Kennedy to champion gay causes are unique, and his departure from the Senate would leave shoes perhaps too large to fill.
“I’m not sure that anyone can take that place, whether it’s with regard to the LGBT causes or other things that were important to Kennedy, once he’s gone,” he said. “He really is a master facilitator, negotiator and politician in the best sense of that word.”
Pinello said some of Kennedy’s longtime allies, such as Sens. Joe Biden (D-Del.) or Chris Dodd (D-Conn.), could pick up wherever their colleague leaves off.
“They are fairly reliable liberals and they are fairly powerful and well received,” he said, “but they’re still not on the same level as Ted Kennedy.”
And their ability to champion gay rights issues, Pinello said, might hinge on Democrats winning more Senate seats and the White House in the fall elections.
“To the degree that that does not happen,” he said, “then Kennedy’s loss will be that much more consequential.”
It’s equally unclear who might directly succeed Kennedy, should he leave the Senate.
Unlike most states, Massachusetts law dictates that Kennedy’s successor be chosen by special election, not the governor. The election would be held no sooner than 145 days and no later than 160 days after a vacancy occurs. No interim appointments are allowed.
Contenders could include senior U.S. Rep. Barney Frank, who is gay, but Pinello said Frank is unlikely to pursue any vacancy.
“I don’t see what more he would have to gain politically by becoming the junior senator from Massachusetts, given all the power he has in the House of Representatives,” he said. “I see that as very unlikely.”
Democratic contenders could include Kennedy’s sons; Gov. Deval Patrick; or former U.S. Rep. Marty Meehan, who left the House last year to become chancellor of the University of Massachusetts campus in Lowell.
Former state Gov. Mitt Romney, a Republican who tried to unseat Kennedy in 1994, also could enter the race, if one is needed.
http://www.washingtonblade.com/2008/5-30/news/national/12683.cfm
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