(Washington) Three key LGBT bills currently before Congress – the Matthew Shepard Hate Crime Act, the Employment Non-Discrimination Act, and repeal of Don’t Ask, Don’t Tell – are likely to die when the current session ends, leaving it up to the new Congress to take them up.

The bill passed the House in 2007 and the White House threatened to veto it. In an effort to get around a veto, the Senate version was tied to the 2008 defense authorization bill.  It passed, but then went to conference, where it was stripped out.

Last month, the FBI released statistics showing that hate crimes in general had dropped across the country except for those against LGBT people. The bureau report showed a 6 percent increase in anti-gay hate crimes.

If the Shepard Act is passed, it would allow federal charges to be pressed in hate crimes against gays and give judges the power to impose tougher sentences.

The Employment Non-Discrimination Act, or ENDA, also passed the House in 2007, but without protections for the transgendered.

The legislation would make it illegal for employers to discriminate on the basis of sexual orientation in hiring, firing, promoting or paying an employee.

When ENDA returns, it is likely to include gender identity protections.

ENDA, originally introduced by Rep. Barney Frank (D-Mass), included transpeople, but Frank removed those protections in committee saying it would be impossible to pass.

More than a dozen LGBT groups immediately distanced themselves from the legislation. Frank and the Human Rights Campaign now say they will fight to ensure an inclusive ENDA is passed.

Legislation to repeal “Don’t Ask, Don’t Tell” the ban on gays serving openly in the military was taken up in committee this year for the first time, but did not make it to a vote.

DADT was enacted in 1993. Since then more than 12,000 servicemembers have been dismissed when it was learned they are gay.  According to statistics from the Servicemembers Legal Defense Network which advocates for gays in the military an average of two service members are dismissed under the law every day.

It also is widely expected that legislation will be introduced to repeal the so-called federal Defense of Marriage law that forbids the federal government from recognizing any form of gay union – marriage, civil union or domestic partnership.  President-elect Barack Obama has said he would sign such a repeal, although no Democrat has so far said such a bill would be brought in.

Human Rights Campaign spokesperson Trevor Thomas tells 365Gay that when the new Congress is seated it will lobby members on all four bills.