October 19, 2007

ENDA – Employment Non-Discrimination Act – You must act now to support the Baldwin amendment

Yesterday, HR 3685, a new version of the Employment Non-Discrimination Act (ENDA), was introduced by Rep Barney Frank, Democrat, Massachusetts, and approved in the House Education and Labor committee, replacing HR 2015 that had been introduced earlier. HR 3685 does not extend workplace protections to transgender persons.

There have been two versions of ENDA this year. The original bill, HR 2015, was introduced in April, also by Barney Frank, one of two openly gay members of Congress. This bill contained the full range of protection for LGBT persons in the work place, enacting prohibitions against hiring, firing, promoting or disciplining persons on the basis of their sexual orientation or gender identity.

As HR 2015 proceeded through committee there were reports of disquiet among some Democrats about including protections based on gender identity in the bill. There were fears that they would not have sufficient votes to ensure passage of the inclusive bill.

Rep Barney Frank demonstrated his desire to protect transgender people from discrimination when he specifically wrote protections based on gender identity into the original ENDA bill, HR 2015, that he introduced in April. However, he also believes that as a practical matter it is better to have protections based on sexual orientation signed into law than no protections at all.

Lutherans Concerned / North America's position is that any Employment Non-Discrimination Act must protect the entire LGBT community against workplace discrimination. LC/NA fully supports HR 2015, and does not support HR 3685 unless it is successfully amended to include protections based on gender identity.

On September 27, leaders of the House said that they would move protections for sexual orientation to the floor of the House for a vote, but not for gender identity. Barney Frank told the Washington Post, "In general, in the legislative context, if you can pass a bill that improves things for a large number of people, then take it," Frank said. "The notion that you don't protect most people if you don't protect them all – that's never worked."

On October 1, more than 300 gay, lesbian, and transgender groups signed a letter from the National Gay & Lesbian Task Force's ENDA Action Center to Speaker of the House Nancy Pelosi that opposed legislation "that leaves part of our community without protections and basic security." Lutherans Concerned / North America has signed on to that letter as a part of our commitment to working for justice for people of all sexual orientations and gender identities.

As a result of yesterday's committee approval, it is anticipated that it will move to the floor of the House for a vote as early as Tuesday. When it goes to the floor of the House, Rep Tammy Baldwin, Democrat, Wisconsin, co-author of HR 2015 and the other openly gay member of Congress, intends to propose an amendment to HR 3685 that reinstates the protections based on gender identity.

Now is the time to act. The vote could be on Tuesday. Contact your US Congress representative by phone or email. Tell your representative that you favor the Baldwin Amendment to HR 3685. Further, say that you oppose a half-measure that leaves a portion of the LGBT community unprotected against discrimination in the workplace.

Call the Capitol Switchboard at (202) 224-3121 to be connected to your Representative based on your zip code. Here is a suggested message:

Hello, my name is _____ and I live in your district. I am calling to ask the Representative to support the Baldwin Amendment to the Employment Non-Discrimination Act. The Baldwin Amendment adds gender identity protections back into ENDA and it is critically important to me that all gay, lesbian, bisexual and transgender people are protected by this legislation. I only support passage of HR 3685 if the Baldwin amendment passes. Thank you.

E-mail your representative today!

Suggested text of email:

Dear Representative (     ),

I am writing to urge you to support the Baldwin Amendment to HR 3685, the Employment Non-Discrimination Act (ENDA), which is likely going to be voted on next week on the floor.

The Baldwin Amendment restores the Employment Non-Discrimination Act to its original language with gender identity protections intact.

The gay, lesbian, bisexual and transgender community and those who support their struggle for social justice is one community. That united community wants to move forward together with one unified bill. As you have heard over the past few weeks, the majority of that united community, myself included, opposes moving forward with a sexual orientation-only bill.

Thank you.

Sincerely,

End of Email