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 ENDA Passes House Without Trans Protections
by 365Gay.com Newscenter Staff
Posted: November 7, 2007 - 6:30 pm ET
(Washington) The House of Representatives on
Wednesday passed the Employment Non-Discrimination Act but with without
protections for trans-workers after more than five hours of debate, wrangling, maneuvering
and lobbying.
In the end the House voted 235 - 185, mostly
along party lines.
The issue of gender identity divided Democrats
and led to a rift within the LGBT community.
ENDA originally included all members of the LGBT
community, but its sponsor, Rep. Barney Frank (D-Mass.) one of only two openly
gay members of Congress, removed gender identity fearing the legislation might
not get out of committee.
ENDA, as currently worded, would make it illegal
for employers to discriminate on the basis of sexual orientation in hiring,
firing, promoting or paying an employee.
Following the committee vote Rep. Tammy Baldwin (D-WI) -
the other openly gay member of Congress - proposed an amendment that would
reinstate gender identity and secured the support of House leadership to
introduce it. (story)
After a brief debate on the amendment in the
House on
Wednesday Baldwin pulled it before a vote. It allowed Baldwin to speak in favor
of trans rights on the record, but without a recorded vote Republicans will
not be able to use transgender rights as an election issue in 2008.
In withdrawing the amendment Baldwin said the
fight is not over. But ENDA without trans rights still frustrated some
Democrats.
"If we do not have the votes to go
forward (with the bill including trans-people) do we do away with the bill
altogether?" Frank asked the House.
"I wish we had the votes to ban
discrimination of all sorts ... I hope today we will move forward and do as much
as we can."
Democrat Jerrold Nadler (NY) disputed Frank's
assertion that ENDA without trans protections was the best that could be done
and said he could not vote for ENDA as long as it failed to include gender
identity.
"Some believe that a bill that does not
prohibit discrimination based on gender identity has a better chance of being
adopted by the House. I know that those who argue for this route do so out of a
sincere belief that this is the best strategy for passage at this time, not
because of malice or indifference towards the transgender community," said
Nadler.
“I believe, however, that civil rights are
best advanced by bringing forward a bill that adequately protects all members of
the LGBT community.
Democratic presidential contender Dennis
Kucinich also voiced his concern that the Baldwin amendment had been withdrawn
without a vote.
Republicans opposed ENDA in any form.
Florida Republican Ginny Brown-Waite called ENDA
badly worded and possibly misleading, characterizing it as a goldmine for
lawyers.
A GOP move to end debate by adjourning the House
for the day failed.
"Gay Americans currently
hold the dubious distinction of being the only segment of our
workforce that can overtly denied an opportunity to contribute
to our economy and to earn a living," Deb Pryce (R-OH)
one of a handful of Republicans who supported ENDA said when
debate resumed.
"The concept of ENDA, the
fundamental American right to earn a living, should be a
principle around which everyone in this chamber, regardless of
party or ideology, should be eager to embrace."
Tuesday the Human Rights Campaign along with a
number of civil rights groups issued an open letter to members of Congress
urging the House to pass ENDA even if it did not include protections for
trans-workers. (story)
The move made HRC the only major LGBT rights
group to endorse ENDA without gender identity. A coalition of more than 300
other organizations said ENDA should only pass with trans-worker protections.
On Wednesday, following the
vote, HRC president Joe Solmonese spoke with reporters.
"Today, we witnessed the
making of civil rights history in the U.S. House of
Representatives by the passing of ENDA" said Solmonese.
"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."
Gay rights groups have been trying to get a
version of ENDA passed since the 1970s when then NY Rep Bella Abzug introduced
the first bill. This was the first time such a bill has made it to a vote on the
floor of the House.
A Senate version of ENDA has yet to be filed.
Even if a final version is approved by both
houses it is likely to be met with a presidential veto.
The White House said the bill is likely
unconstitutional and that if it passes in Congress the president's senior aides
would recommend vetoing it. (story)
Two other amendments to specifically address
White House concerns were passed.
One would tie religious exemptions to the same
wording as currently in the civil rights act. The other would specify that
ENDA does not negate any section of the federal Defense of Marriage Act.
"Now
that HR 3685 has passed, we continue our focus on educating Congress on the need
to advance a bill which our entire community supports," said Jon Hoadley, Executive Director
of National Stonewall Democrats, referring to the lack of
rights for trans workers.
"While
we may disagree on past strategy, we share the concerns of Congressional leaders
who seek to correct legal discrimination on the basis of sexual orientation and
gender identity."
The National Black Justice
Coalition also lamented the lack of trans protections.
"Though we are extremely
disappointed that the version of ENDA which passed the House
today did not include protections from discrimination based on
gender identity, and thereby would continue to leave
transgender Americans without employment protection, this is a
step in the right direction," said NJBC Executive Officer
H. Alexander Robinson.
"Lesbian, gay, bisexual
and transgender people are vital contributors to our nation
and deserve to live free from discrimination and fear of
losing the ability to support their families."
©365Gay.com 2007
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