U.S. House Passes ENDA

Story

U.S. House Passes ENDA

Special Report - November 6, 2007
A bill that would enshrine “sexual orientation” as a protected class under federal employment non-discrimination law passed the U.S. House of Representatives on Wednesday, November 7, but fell well short of the two-thirds majority necessary to override a promised presidential veto. H.R. 3685—Employment Non-Discrimination Act of 2007 (ENDA), sponsored by openly homosexual Congressman Barney Frank (D–MA), passed the House by a vote of 235 to 184. The Senate is expected to consider a companion bill soon. ENDA would establish new employment rights for individuals who practice or identify with homosexuality or bisexuality and would put alternative sexual behaviors on equal footing with traits like race, gender, and age.

The original version of ENDA included an exclusion for “religious organizations,” which were defined to be either a “religious corporation, association, or society” (most likely a church); or “a school, college, university, or other educational institution” that is “controlled, managed, owned, or supported” by a church or whose curriculum is “directed toward the propagation of a particular religion.” This exclusion was so narrow and received such great criticism, that an amendment was adopted purporting to expand the religious organization exemption by including the same religious exemptions that are included under current civil rights laws in Title VII. That exemption applies “to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.” The Amendment also clarified that ENDA does not alter the federal Defense of Marriage Act.

Another amendment was adopted striking a controversial paragraph that prohibited employers from conditioning employment on being married. Pro-family groups had worried that the provision would have prohibited churches and other employers from filling positions that really needed to be filled by married persons because of their life experiences, such as marriage counselors, pastors handling married Sunday School classes, etc.

A third Amendment offered by Representative Tammy Baldwin (D–WI) would have extended ENDA to transsexuals and cross-dressers. The amendment would have guaranteed non-discrimination in the workplace based on “gender identity,” defined as the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. The Baldwin Amendment was withdrawn.

Members of North Carolina’s congressional delegation voting in favor of ENDA were Representatives G.K. Butterfield, Bob Etheridge, Brad Miller, David Price, and Mel Watt. Voting against were Representatives Howard Coble, Virginia Foxx, Robin Hayes, Walter B. Jones, Patrick McHenry, Mike McIntyre, Sue Myrick, and Heath Shuler.

“This bill seeks to legitimize homosexual behavior under the auspices of civil rights, and it would unconstitutionally force those who believe that heterosexual marriage is the only proper context for sexual behavior to remain silent or face possible legal consequences,” said John Rustin, vice president and director of government relations for the North Carolina Family Policy Council. “ENDA is particularly troubling because it equates sexual deviancy with immutable characteristics like race and gender, and it discriminates against those who have deep religious convictions about homosexuality, bisexuality, and other alternative sexual behaviors.”