Obama co-sponsored the Local Law Enforcement Enhancement Act, a piece of federal hate crimes legislation that would include sexual orientation-motivated crimes among those eligible for a grant of federal jurisdiction. McCain does not support this bill.
According to his campaign, Obama wants to expand the Employment Non-Discrimination Act to cover sexual orientation. He also sponsored employment non-discrimination legislation as a state senator in Illinois. In 1994, McCain was one of 71 senators to sign a statement promising not to consider sexual orientation in hiring. However, he is opposed to expansion of the Employment Non-Discrimination Act.
Neither candidate supports same-sex marriage. In response to a Human Rights Campaign (HRC) survey in 2008, Obama noted that “marriage has religious and social connotations” and indicated his personal belief that marriage is “between a man and a woman.”
Obama does support civil unions, and is in favor of repealing the Defense of Marriage Act (DOMA). McCain voted “yes” on DOMA as a senator. However, both candidates voted against the Federal Marriage Amendment, and believe that states should have the final say on the marriage question. In the HRC survey, Obama explained that he believes states should decide the question on their own and would oppose federal measures to block the states. Obama also indicated, without comment, that he supports federal benefits for same-sex couples, expansion of the Family and Medical Leave Act to same-sex couples and their children, and modifying social security to pay benefits to surviving same-sex partners.
McCain has justified his position based on the traditional view of the Republican party that social issues are best left up to the states. However, in his home state of Arizona he campaigned for a ban on domestic partnership benefits.
McCain is opposed to repeal of “don’t ask, don’t tell,” citing the advice of military leaders who say that the system as it stands is working. On a November 2007 episode of “Meet the Press,” he indicated his support of the policy, arguing that the US military is the best in the world and therefore there is no reason to change. Obama, on the other hand, is strongly in favor of repeal, and has made this one of the principle issues of his gay rights platform.
Neither candidate supports the Uniting Amercian Families Act, which would allow same-sex partner immigration sponsorship. Obama has elaborated on his position, explaining in the HRC survey that he supports the concept of the Act, but believes that its current form contains too much of a potential for fraud and abuse of the system.
In the HRC survey, Obama indicated support for allowing gay adoption based on the best interests of the child. McCain is a strong supporter of adoption generally, but according to HRC has at least once indicated opposition to allowing same-sex couples to adopt. Otherwise, he has been silent on the issue.
References:
Human Rights Campaign