The House of Representatives passed the highly controversial Employment Non-Discrimination Act (ENDA) on Wednesday, which would provide broad protections for lesbian, gay and bisexual employees. The bill now advances to the Senate, where it is expected to go nowhere.
So where are the leading Democratic candidates for president Hillary Clinton and Barack Obama on this bill? They both support it, and Obama has signed on to be a Senate cosponsor. But will they exert enough political capital to get Senate Majority Leader Harry Reid to make this happen? And will they have enough votes to override a certain Bush veto?
The House bill would make it illegal for any employer to "fail or refuse to hire nor discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation."
The measure, which would exempt religious organizations and the military, passed with a 235-184 vote. Sen. Edward Kennedy, D-Mass., plans to introduce a similar bill in the Senate. The bill was watered down to eliminate gender identity, which had been introduced in the bill this year, to make it more palatable.
Obama spokesperson Amy Brundage issued this statement: "Senator Obama supports a fully inclusive Employment Non-Discrimination Act to outlaw workplace discrimination on the basis of sexual orientation and gender identity. While an increasing number of employers have extended benefits to their employees' domestic partners, discrimination based on sexual orientation and gender identity in the workplace occurs with no federal legal remedy. Obama has supported fully inclusive protections since his days in the Illinois legislature, when he sponsored a bill to outlaw workplace discrimination that expressly included both sexual orientation and gender identity. Senator Obama thanks leaders in the House who worked to pass their version today, and will cosponsor Senator Kennedy's bill in the Senate to achieve this goal."
Clinton said this on her web site, a statement she issued in October. "As President, I will end the divisive politics of this administration and work to renew the promise of fairness for all Americans. This means supporting equal rights for gay and lesbian couples, ending Don't Ask Don't Tell and allowing patriotic Americans to serve their country, and finally signing into law the Employment Non-Discrimination Act and hate crimes legislation."
Former Sen. John Edwards has been a longtime supporter of the bill and sponsored a version of it when he was in the Senate.
Responding to a query from DiversityInc, Senate Majority Leader Harry Reid has said he supports ENDA and will help facilitate it through the Senate.
President Bush has made his intentions crystal clear. He has vowed repeatedly to veto the measure should it cross his desk. (See Also: Gay-Rights Legislation: Will the President Use His Veto?) Bush isn't alone in his condemnation; other opponents argue the legislation would lead to frivolous lawsuits as well as potentially pave the way for legalized gay marriage.
The Human Rights Campaign (HRC) has been a key player in getting ENDA, first introduced 13 years ago, through the House. "Today, we witnessed the making of civil-rights history in the U.S. House of Representatives by the passing of ENDA," said HRC President Joe Solmonese in a statement. "This vote by Congress is an important step at ensuring that millions of gay and lesbian Americans will never again have to go to work in fear of losing their jobs because of who they are."
Currently, 12 states have laws that protect against employment discrimination based on gender identity, and 31 states have laws with these protections for orientation. (See also: Commentary: Why Gender Identity Must Be Included in New Law)
By separating the transgender community to gain passage (Democrats had vowed earlier to introduce a separate bill, Gender Non-Discrimination Act [GENDA] aimed to protect transgender employees), many feel it creates yet another subclass within the LGBT community and wondered if having a compromised bill is truly better than having no bill at all.
Only nine states—New Jersey, Minnesota, Rhode Island, New Mexico, California, Illinois, Maine, Hawaii and Washington—have laws in place specifically to protect transgender people, reports CNN.com
But one of the bill's chief supporters, Rep. Barney Frank, who is one of two openly gay members of Congress, is not swayed by the criticism. Frank said he hoped the bill would send hope to "millions of Americans who are gay and lesbian that they are not bad people, that it is not legitimate to fire them simply because of who they are," reports CNN.com.
