A star-studded political lineup of lead sponsors from both houses of Congress staged a lovefest for reintroduction of the Employment Non-Discrimination Act of 2001 ( ENDA ) at a news conference July 31. The Human Rights Campaign has made passage one of its leading priorities.
The measure would prohibit job discrimination on the basis of sexual orientation. It is a slightly modified version of legislation introduced in past sessions. Some 40 members of the Senate and 180 members of the House already have signed on as cosponsors.
"Thomas Jefferson articulated the self-evident truth that all of us are created equal and endowed by our Creator with the inalienable rights to life, liberty, and the pursuit of happiness," said Sen. Joe Lieberman ( D-Conn. ) .
This bill "would extend the bedrock American values of fairness and equality to a group of our fellow citizens who too often have been denied the benefit of those founding principles." He called ENDA "a statement of both common sense and of common values."
"This is something we should have passed a long time ago, there is simply no reason in 21st century America to have discrimination in employment based on race, religion, creed, sexual orientation or any other reason," said Arlen Specter ( R-Penn. ) . He had slipped out of a confirmation hearing on Robert S. Mueller III to be director of the FBI.
"Civil rights is the unfinished business of the nation, "said Sen. Ted Kennedy ( D-Mass. ) . He called ENDA's provisions "straightforward and limited." He took care to point out, "It does not require employers to provide domestic-partnership benefits, and it does not apply to the armed forces or to religious organizations. It also prohibits the use of quotas and preferential treatment."
Rep. Barney Frank ( D-Mass. ) takes comfort in two things, polling data showing that the America people strongly support this concept, and "the extent to which our opponents lie about it."
As if on cue, the extreme group Concerned Women for America released a statement that began: "Led by Sen. James Jeffords, a group of left-wing senators reintroduced [ ENDA ] , a bill designed to give homosexual pressure groups enormous power in the workplace."
Frank refuted lies raised by the far right. He said, "The bill explicitly disavows affirmative action." Conspiratorial talk of a "hidden agenda" with the legislation was dismissed with a quotation: "Hypocrisy is the tribute that vice pays to virtue." Reactionaries try to make the bill something it is not.
The Republican Party "often has been accused of being with big business," said Mark Foley ( R-Fla. ) . He wanted to encourage that, after all, 266 of the Fortune 500 largest companies have enacted this protection for their employees. "The bottom line of their company is based on the skill, and ability, and quality of their workers, not who their workers sleep with."
"I think it is time for Congress to wake up to reality," Foley said. They depend upon their staff for work and sound advice, "and often that advice comes from wonderful gays and lesbians here in this Capitol." He called for quick passage of the bill.
Sen. Jim Jeffords ( I-Vt. ) noted that he has been "a leading proponent of this legislation for some years. I believe we are finally going to get it done." He also pointed out that his support makes it "tri-partisan."
Jeffords spoke of the late Rep Bella Abzug ( D-NY ) who introduced the first gay civil -rights bill in Congress in 1975, the year that Jeffords entered Congress. He said the legislation "does not create any special rights, it simply protects the rights that should belong to every American, the right to be free from discrimination at work."
"As Americans we have made remarkable steps combating discrimination based on people's faiths and the color of their skin," said Rep Ellen Tauscher ( D-Calif. ) . "Now it is time we take another important step, a long-awaited step, to end discrimination based on sexual orientation."
"Barry Goldwater said there was no gay exemption in the right to life, liberty, and the pursuit of happiness," began Christopher Shays ( R-Conn. ) . "Job discrimination against gays or anyone else is contrary to each of these founding principles."
Shays spoke of visiting Arlington Cemetery and the Vietnam Veteran's Memorial. "On that wall and in those graves are men, and some women, who had different religions, different ethnic backgrounds, different nationalities, different races, different sexual orientations. And they gave their lives for this country."
COUNTING VOTES
Kennedy said that with the change in leadership in the Senate, the priorities have changed. He has "every expectation" that the measure will come to a vote in that chamber this year. The outlook is much less clear in the House. While most are confident that they would win a vote, that seems unlikely to take place in light of opposition from the Republican leadership.
Shays said that 252 members of the House "voted to sustain President Clinton's executive order barring discrimination on the basis of sexual orientation in the [ federal ] workplace... They said it was wrong to discriminate." That was the margin by which the Hefley amendment was defeated in 1998.
Foley said they are going to make the case with the Republican leadership for a scheduling a vote. But he does not see that coming before January.
"As long as they can get away with not addressing certain issues and not offend their base [ of political support ] , they are going to do it," said Shays. But when the Gallup Poll shows that 85 percent of Americans believe that gays should have equal rights in the workplace, "that speaks volumes to politicians."
Frank was skeptical. He believes the Republican leadership is acting "not out of personal prejudice but out of fear of alienating part of their base ... . The Republican leadership in the House so far has a perfect record of not allowing anything to come to the floor that would be supportive of the rights of gay and lesbian people."
Kennedy said that if the House refuses to act on a separate bill, "We are going to add it on to other legislation," just as last year they attached hate-crimes legislation to a defense authorization bill. "This issue isn't going to just disappear. We guarantee there is going to be accountability. We will use every parliamentary means that we possibly can."
