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."
No comments:
Post a Comment