Republicans Say ENDA 'Takes Dead Aim at Religious Freedom'
By: Administrative Account | Source: CNSNews.com
November 8, 2007 8:44AM EST

By Susan Jones
CNSNews.com Senior Editor
November 08, 2007

(CNSNews.com) - The House on Wednesday passed a bill banning most employers from considering a person's "actual or perceived sexual orientation" when it comes to hiring, firing and promotion decisions. Churches and the military are exempt from the bill's provisions.

The Employment Non-Discrimination Act would become the first federal law banning job discrimination against lesbians, gays, and bisexuals. Transgender people are not included in the ban, and that bothers some homosexual advocacy groups.

The House voted 235-184 to pass ENDA, but the vote is expected to be much closer in the Senate, and President Bush has said he will veto the bill if it does reach his desk.

Republicans called the bill a trial lawyer's dream, predicting it will lead to a flood of lawsuits.

House Republican leader John Boehner (R-Ohio) said the bill would undermine state and federal marriage laws across the country.

"ENDA -- which would restrict religious freedom and open the door to excessive litigation -- is modeled closely after state employment non-discrimination laws currently being misused by activist judges to impose same-sex marriage and civil union laws on states," Boehner said.

But Democrats described the bill as a historic step toward the ideal of equality.

"As someone who looked forward to this day for the 20 years that I have served in Congress, it is a joyous occasion," said House Speaker Nancy Pelosi, who represents the San Francisco area.

She praised the "leadership and courage" of Reps. Barney Frank, a homosexual, and Tammy Baldwin, a lesbian, in helping to pass the bill.

"While ENDA's victory will represent an historic victory, I share the disappointment of Tammy Baldwin and Barney Frank and others who support including protections for transgender individuals in ENDA," Pelosi said.

"While I had hoped that we could have included gender identity, I support final passage of ENDA because its passage will build momentum for further advances on gender identity rights and the rights of all Americans."

Religious freedom concerns

House Republican Whip Roy Blunt (Mo.) said the bill creates conflict between an individual's right to religious freedom -- and someone else's right to sue you for exercising it.

"The structure of the bill before us today is eerily similar to legislation we've seen from this majority all year: a favorable, purposefully misleading title applied to a bill that's poorly assembled and oblivious to its own consequences," Blunt said.

"In this case, the so-called 'Employment Non-Discrimination Act' creates a legal quagmire for employees who practice, or even acknowledge, their religious beliefs -- depending on where they happen to work, and subject to judicial interpretation."

Blunt specifically mention Christian bookstores - "or any other small business in which people of faith and deep religious conviction are relied upon as an integral part of the workforce."

Blunt expressed relief that Republicans have enough votes to uphold a presidential veto of ENDA.

"It's my hope now that this Congress can move forward on the real priorities affecting American families. Though a clear boon to trial lawyers, this bill does not meet that standard," Blunt said.


"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," said Joe Solmonese, president of the Human Rights Campaign, which helped introduce ENDA 13 years ago.

Solmonese noted that In 31 states, it is currently legal to fire someone based on their sexual orientation. In 39 states, it is legal to fire a person for being transgender.

HRC expressed disappointment that ENDA does not include protections for transgender Americans, but the group said the bill "paves the way for additional progress to outlaw workplace discrimination."

"Our fight for equality will not be won overnight," said Solmonese. "It will be won one step at a time, and we will not give up until we reach the finish line. This is a critical piece of legislation and a major step toward the finish line for all Americans."

Although the bill does not mention transgenders or gender identity, "anyone with a bizarre sexual orientation can claim protection" under its terms, a conservative group warned.

"Any person who is a heterosexual, bisexual, or homosexual under ENDA can also engage in a variety of sexual orientations and bizarre behaviors," the Traditional Values coalition said.

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