WASHINGTON (ABP) — After 33 years of trying, gay-rights groups got one of their biggest legislative victories in history Nov. 7. Some said the bill didn't go far enough, while gay-rights opponents claimed it would undermine heterosexual marriage and threaten religious freedom.
The House of Representatives passed the Employment Non-Discrimination Act, or ENDA, on a 235-184 vote. Thirty-five Republicans joined 200 Democrats in voting for the measure, which prohibits most employers from discriminating on the basis of an individual's actual or perceived sexual orientation.
“This is truly an historic day,” said House Speaker Nancy Pelosi (D-Calif.), in remarks on the House floor. “As someone who has looked forward to this day for the 20 years I have served in Congress, it is a joyous occasion.” Pelosi, who represents one of the most gay-friendly districts in the United States, has been a longtime supporter of gay rights.
A version of the bill was first introduced in Congress in 1974 but failed repeatedly in both chambers — under both Democratic and Republican majorities. In 1996, it came within one vote of passing the Senate. But Republican leaders further thwarted its chances until Democrats took control of Congress earlier this year and placed it on the legislative calendar.
A handful of gay-friendly Democrats and many gay-rights groups opposed the bill because it does not include protections for transgender people. However, Pelosi and representatives Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.), the only openly gay members of Congress, said including such provisions would have doomed the bill.
“While ENDA's victory will represent an important victory, I share the disappointment of Tammy Baldwin and Barney Frank and others who support including protections for transgender individuals,” Pelosi said.
Many conservatives opposed the bill, saying it would create all sorts of problems.
“The end result of such a regulation would be a tidal wave of new, costly and unnecessary litigation,” said Rep. Trent Franks (R-Ariz.), a Baptist. “Not only is it unconstitutional, but the provisions in ENDA would also subtly erode the ability of states to protect the most fundamental building block of Western civilization, the institution of marriage and family.”
Franks argued that judges could also cite ENDA as evidence that the government does not have a compelling interest in discriminating against gays in the area of marriage. Frank and others countered that the bill contains language explicitly saying it is not meant to overturn the Defense of Marriage Act, a federal law that prohibits recognition of same-sex marriages.
Some Religious Right groups said the bill threatens religious freedom. “An employer's faith, moral views, the sensitivity of their work or service, or even the nature of their clientele will be of no consequence,” said an action alert sent to supporters by the Family Research Council before the bill was passed. “Private schools, daycare centers, scouting organizations and quasi-religious organizations will not be exempt. They will either accommodate these sexual behaviors or face the full weight of federal civil rights enforcement.”
The bill contains broad exceptions for churches and most other religious employers, as well as small businesses and the military.
Sen. Edward Kennedy (D-Mass.), a longtime gay-rights supporter who chairs the Senate committee that will deal with the bill, praised its passage. Several Senate Republicans have said they would vote for it.
However, the White House had previously indicated President Bush would veto an earlier version of ENDA. It was not immediately clear whether Bush would also veto the current version.
The bill is H.R. 3685.
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Gay-inclusive anti-discrimination bill on hold due to transgender provision (10/11)