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Local courts and state legislatures have dramatically increased the recognition of LGBT rights in recent years, yet the federal government still plays a dominant role in defining the legal status of LGBT individuals and couples.

For that reason, the next president will hold enormous power to affect the lives of LGBT individuals and couples in their homes, their workplaces and even in their doctors' offices. Bills on workplace protections, taxation of health benefits and immigration of same-sex partners will be passed, vetoed—or allowed to die quietly—by a new Congress and president.

We present a comparison of the candidates' stances on some of the most critical issues facing the LGBT community.

The Candidates on LGBT Issues

Democratic Sen. Barack Obama and his running mate Sen. Joe Biden support numerous gay rights issues, such as extending workplace anti-discrimination and hate crimes laws to cover sexual orientation, and scrapping the "don't ask, don't tell" policy in the military.

Republican candidate Sen. John McCain has frequently voted against bills advancing gay rights in the U.S. Senate, but opposes what he calls "draconian" measures, such as a constitutional amendment against gay marriage. However, his running mate Gov. Sarah Palin has publicly broken with McCain on the issue by calling for just such an amendment, saying, "I wish on a federal level that that's where we would go, because I don't support gay marriage."

Same Sex Marriage and Civil Unions

Although McCain does not support same-sex marriage, he voted against the Federal Marriage Amendment in the Senate, which would amend the U.S. Constitution to ban it. He sided against President Bush and the Senate GOP leadership in opposing the amendment, which would have effectively banned the practice in all states and prohibited states from deciding the issue for themselves. McCain called the amendment "unnecessary and un-Republican."

However, McCain supports the Defense of Marriage Act (DOMA), which he believes is a "less draconian remedy" for discouraging same-sex marriage. DOMA prohibits same-sex marriage under federal law but not under individual state laws, and does not require states to recognize same-sex marriages performed in other states.

This year, while speaking to television host Ellen Degeneres, John McCain said that he supports "legal agreements for same-sex couples" to help them with insurance and other purposes, although he has opposed civil unions as well.

Obama on the other hand has declared what he calls a "fierce" support for civil unions that grant marriage-like rights to gay and lesbian couples. Like McCain, Obama also voted against the Federal Marriage Amendment to ban gay marriage nationally. However, Obama has stated that he believes that marriage is between a man and a woman, but that his personal beliefs should not translate into his support for equal-rights policies. Obama has called civil unions "a way to protect equal rights without taking the politically risky approach of gay marriage."

Obama voiced his opposition to DOMA, passed into law in 1996, when he ran for the Senate in 2004. While in Senate, he has co-sponsored bills providing benefits to domestic partners of federal employees.

"Don't Ask, Don't Tell"

Under the current regulations, gay military personnel may be fired at any time on the basis of sexual orientation if they tell anyone they're gay or if they are discovered to have had sex with someone of the same gender while serving.

McCain says that senior military officials believe the policy is working, which has convinced him not to tamper with it. At a campaign forum in 2007, he said, "Right now we've got the best military we've ever had—the most professional, best trained, equipped and the bravest. And so I think it's logical to leave this issue alone."

Obama has called for an immediate repeal of the policy, and has called it highly detrimental to the military's growth. In an interview, he blamed the policy for weakening national security. "We're spending large sums of money to kick highly qualified gays or lesbians out of our military, some of whom possess specialties like Arab-language capabilities that we desperately need," he said. "That doesn't make us more safe."

Hate Crimes

The Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007, which failed to become law, would have expanded categories protected under the federal hate crimes law to include sexual orientation, gender identity or disability.

John McCain voted against the act, explaining that he "does not support federal legislation to assert federal jurisdiction over crimes that are rightfully under the jurisdiction of state criminal justice systems that are perfectly capable of dealing with these violent criminal acts."

Barack Obama does support the Shepard Act, and after its failure to pass, said, "It is our moral obligation to continue striving for equality, and ensure that the federal government, along with state and local jurisdictions, have the tools necessary to effectively prosecute these crimes."

Job Protections

It is currently legal under federal law for an employer to fire, punish, or refuse to hire an employee on the basis of sexual orientation or transgender status. State and local governments are free to enact their own laws regarding discrimination, but without a federal law, LGBT workers are subject to a patchwork quilt of local protections, LGBT rights groups say. Twenty states have enacted workplace protections based on sexual orientation, and 12 protect gender identity in employment.

The Employment Non-Discrimination Act (ENDA) would be the first federal law protecting gay, lesbian and bisexual Americans from employment discrimination. The House version includes gender identity, while the Senate version does not.

While in Senate, McCain has voted repeatedly against ENDA. He voted against it in 1996 and again in 2007. In a recent interview in the Washington Blade, McCain said, "I support the concept of non-discrimination in hiring for gay and lesbian people. However, we need to make sure legislation doesn't lead to a flood of frivolous lawsuits or infringe on religious institutions."

In contrast, Obama supports ENDA, has voted for it, and is one of the bill's sponsors. He also sponsored a similar bill in the Illinois state senate, which became law.