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Vote On ENDA Delayed As LGBT Pressure Mounts
by 365Gay.com Newscenter Staff

Posted: October 1,  2007 - 7:00 pm ET

(Washington) A vote to mark up a revised version of the Employment Non-Discrimination Act that had been expected on Tuesday has been put off as pressure by LGBT groups mounts on Democrats to reinstate the measure's original language.

Speaker Nancy Pelosi's office confirmed late Monday that the bill will not be considered until later in the month.

"In this defining and morally transformative moment, our community has come together in an unprecedented way and said once and for all that we will leave no part of our community behind," said Matt Foreman the executive director of the National Gay and Lesbian Task Force.

"We appreciate that a decision has been made to slow down this process, and we look forward to working with Congress over the upcoming weeks to educate them as to why this substitute bill strategy is seriously flawed, convince them to abandon this strategy, and instead advance a fully inclusive ENDA later this month."

The act, referred to as ENDA, was reworked late last week, stripping out protections for the transgendered. But the changes also reduced the protections afforded gay and lesbian workers too, Lambda Legal said earlier on Monday. (story

"Leaving out protections for transgender people is unacceptable, and passing a bill riddled with loopholes will make it harder to achieve equality on the job," said Kevin Cathcart, Executive Director at Lambda Legal. 

"You can't be fired for being a lesbian or a gay man, but you can be fired if your boss thinks you fit their stereotype of one."

This is a huge loophole through which employers sued for sexual orientation discrimination can claim that their conduct was actually based on gender expression, a type of discrimination that the new bill does not prohibit, said Lambda.

The new version of ENDA also states without qualification that refusal by employers to extend health insurance benefits to the domestic partners of their employees that are provided only to married couples cannot be considered sexual orientation discrimination. 

The old version provided that states and local governments could require that employees be provided domestic partner health insurance when such benefits are provided to spouses.

In the previous version of ENDA the religious exemptions had some limitations. The new version has a blanket exemption under which, for example, hospitals or universities run by faith-based groups can fire or refuse to hire people they think might be gay or lesbian.

Last week, nine national LGBT organizations denounced the removal of transgender protections from the bill. (story)

In a short statement Monday Pelosi's office attempted to put a positive spin on the delay.

"After discussions with congressional leaders and organizations supporting passage of ENDA, we have agreed to schedule mark-up of the bill in the Committee on Education and Labor later this month, followed by a vote in the full House," said the statement attributed to Pelosi, Education and Labor Committee Chairman George Miller, and openly gay Congressmembers Barney Frank, and Tammy Baldwin.

"This schedule will allow proponents of the legislation to continue their discussions with Members in the interest of passing the broadest possible bill," the statement said.

Several LGBT groups hailed the delay saying it would help them lobby for changes.

"The step taken today by the committee to delay action on the substitute bill is a clear demonstration of the strength of grassroots organizing as exemplified by our members and thousands of advocates across the country," said Jon Hoadley, the Executive Director of National Stonewall Democrats. 

"Our work isn't over until Congress passes, and the President signs, an Employment Non-Discrimination Act that protects all working Americans from discrimination based on sexual orientation or gender identity," said Hoadley.  

On Monday Stonewall Democrats launched NoSubstitutes.org, an online organizing effort to mobilize people to save the the original version of ENDA.  

©365Gay.com 2007

 

 


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