News Editor, News Reporter
WASHINGTON — Rainbows arched over the nation’s capital last Thursday as 64 senators turned out in favor of the long debated Employment Non-Discrimination Act (ENDA). Trumping 32 Republican votes in opposition, the bill will head to the House floor where its fate is anything but certain.
According to the National Gay and Lesbian Task Force, ENDA has been introduced in all but one Congress since 1994 with the intent of prohibiting discrimination against LGBTQ community members in the workforce. The bill would specifically target private business owners with 15 or more employees, though a clause exists giving exemption to religious organizations.
While the Senate passed a version of ENDA in 2007, this is the first time the bill has cleared with a transgender clause, extending protection to individuals whose gender identity doesn’t coincide with their biological sex.
Proponents of the legislation cite reports from the American Psychology Association, which claim, “The research available suggests that conceptualizing and defining sexual orientation simply as the expression of certain behaviors and a personal choice is inaccurate, therefore calling into question policy decisions based on these assumptions.”
The Huffington Post quoted Sen. Jeff Merkley Thursday, “Deeply embedded in the constitution are notions of freedom and liberty, and discrimination is the antithesis of those founding values.”
According to the Huffington Post, Merkley was tasked with the continuation of ENDA after Senator Ted Kennedy passed away in 2009 (Kennedy was the first to introduce the bill).
House Speaker John Boehner has expressed clear distaste for the bill, reaffirming that he would oppose the law last Monday. Aside from religious objections to the law, House Republicans claim the legislation will create unnecessary burdens on business owners.
However, addressing interviewers Wednesday, Senate Majority Leader Harry Reid had a different opinion.
“I think the House is going to have to capitulate if they have any hope of having a president that can be a viable candidate, or they think they can elect some Republicans and they want to hang onto the House,” Reid said.
According to a poll conducted in 2011 by the Center for American Progress, “nearly three-fourths of voters (73 percent) support protecting gay and transgender people from workplace discrimination.”
Surprisingly, the poll also indicated that the issue wasn’t partisan, with 81 percent of Democrats in favor and 66 percent of Republicans in favor.
Currently, 21 states, as well as the District of Columbia, have enacted independent legislation prohibiting discrimination based on sexual orientation. 17 states also have transgender clauses to protect sexual identity.
ENDA would dramatically alter protection clauses in numerous states, potentially protecting an additional 16 million workers, according to a report published by the Williams Institute.
Washington’s track record has supported LGBTQ constituents in the last couple of years with the repeal of Don’t Ask Don’t Tell, the military ban on LGBTQ service members, and the Defense of Marriage Act, which restricted federal recognition of same-sex couples. Still, no one’s quite sure how Congress will respond, especially considering the tumultuous past couple of months that have made partisan decisions a rare miracle.
cferganc@mavs.coloradomesa.edu
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