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 Solidarity
On ENDA Trans Inclusion Unravels
by 365Gay.com Newscenter Staff
Posted: November 6, 2007 - 11:00
am ET
Updated 11:50 am ET
(Washington) Some of the nation's largest civil
rights groups, including the Human Rights Campaign, said Tuesday that Congress
should pass the Employment Non-Discrimination Act even if it does not include
protections for trans-workers.
The decision has divided the LGBT community and
angered a large number of rights groups.
The act, known as ENDA, was to have come to a
vote on Tuesday but was pushed off the agenda at the last minute. The vote
now is expected either Wednesday or Thursday.
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.
The move to remove gender
identity from the bill infuriated a large number of rights
groups and several committee Democrats, including presidential
candidate Dennis Kucinich refused to support the measure
without the inclusion of protections for trans people.
Following the vote Rep. Tammy
Baldwin (D-WI) proposed an amendment that would reinstate
gender identity and secured the support of House leadership to
introduce it when ENDA reaches the floor. (story)
Tuesday, however, it appeared
there are not the votes to pass an all inclusive version of
ENDA and in an open letter to members of Congress, HRC, the
NAACP, the National Education Association, the National
Employment Lawyers Association, the Religious Action Center of
Reform Judaism, the Leadership Conference on Civil Rights, the
American Federation of State, County, Municipal Employees and
a number of other groups said they would support ENDA without
gender identity.
The letter says that it is
"beyond dispute that transgender employees are
particularly in need of those protections. They face far more
pervasive and severe bias in the workplace and society as a
whole."
But it goes on to say: "As
civil rights organizations, however, we are no strangers to
painful compromise in the quest for equal protection of the
law for all Americans. From the Civil Rights Act of 1957
through the almost-passed District of Columbia House Voting
Rights Act of 2007, legislative progress in the area of civil
and human rights has almost always been incremental in nature.
With each significant step toward progress, the civil rights
community has also faced difficult and sometimes even
agonizing tradeoffs. We have always recognized, however, that
each legislative breakthrough has paved the way for
additional progress in the future.
"With respect to ENDA, we
take the same view.
"While we are
greatly disappointed that the current version of ENDA is not
fully inclusive, our sense of frustration in this case is
directed at those who would clearly prefer to see no one from
the gay, lesbian, bisexual or transgender community protected
at all."
The United Auto
Workers and the AFL-CIO have sent their own letters supporting
ENDA as it is now worded.
The decision to support ENDA without the mention
of gender identity pits the Human Rights Campaign against most other LGBT civil
rights groups. "There still are 360
organizations on record in their support of a bill that
includes sexual orientation and gender identity," John
Mable, spokesperson for National Stonewall Democrats told
365Gay.com. "We have
always matched our public rhetoric with our private actions
over the past month and we will continue to maintain our focus
on an inclusive ENDA.
HRC president Joe Solmonese nevertheless defends
signing the letter, calling it a "pragmatic and strategic decision."
Solmonese pointed to a poll
taken by HRC showing that more than two thirds of LGBT
Americans support passing ENDA even if it does not include
trans-workers.
The decision has the support of the group's board
Solmonese told 365Gay.com, adding that passing ENDA "is the first step in a
long march" that eventually will include gender identity.
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.
The current version is the only
one to make it to a vote on the floor of the House.
The Rules Committee Monday
night voted to send ENDA to a vote, along with three
amendments.
The first would add sexual
identity to the bill. The amendment was put forward by
Rep. Tammy Baldwin (D-WI) the other openly gay member of
Congress.
The other two amendments are
aimed at countering claims by President Bush that ENDA would
violate existing laws. 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)
One amendment would say that
ENDA does not alter the religious exemption under the Civil
Rights Act of 1964. The other would specifically state that
ENDA does not change the federal Defense of Marriage Act,
which bars the government from recognizing same-sex
relationships.
Under House rules any of the
amendments could be pulled before an actual vote.
House Speaker Nancy Pelosi is
said to be under intense pressure to cancel a vote on adding
sexual identity. Some Democrats in conservative districts fear
the issue could harm them next November in the polls.
©365Gay.com 2007
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