I think its a very bad idea because it essentially is an end run against double jeopardy, said Hans Bader of the Competitive Enterprise Institute.
This is just the first of several LGBT issues that the HRC is hoping Congress will take on.
The HRC would like Congress to expand the Employment Non-discrimination Act to include LGBT and broaden the Domestic Partnership Benefits and Obligations Act to give domestic partners of federal civilian employees the same rights as married couples.
Pro-LGBT legislation is in the best place its been in more than a decade, Herwitt said.
Still, Herwitt and the HRC will have their hands full as conservatives try to thwart any forward movement by the LGBT community.
They need to be careful not to overreach and overreach too quickly, Lafferty said. The hand that overreaches gets slapped quickly.