On Monday, the United States Senate voted for cloture on the motion to proceed to the Employment Non-Discrimination Act (ENDA) by a vote of 61 – 39. This bill would prohibit employment discrimination on the basis of sexual orientation or gender identity. Originally introduced in 1994, ENDA last received a vote in 2007 when it passed a Democratic-controlled House and then stalled in the Senate. Since that time, the term “gender identity” has been included in the final text to cover transgender individuals. Seven Republicans joined all fifty-three Democrats and two Independents to bring the measure to the floor for debate. Senators Kelly Ayotte (NH), Rob Portman (OH), and Patrick Toomey (PA) offered amendments that purportedly strengthen the Title VII religious exemption in the bill. We have maintained that a narrow exemption for one segment of the religious community does not lessen the bill’s assault on the deeply held religious beliefs of employers and employees. Furthermore, the bill does not shield religious institutions from punitive measures by federal or state agencies (i.e. those issuing licenses, permits, or tax-exempt status). In light of recent actions by the Internal Revenue Service and several state legislatures, ENDA’s arbitrary and capricious provisions expose employers to a potential onslaught of litigation and would severely curtail speech and religious freedom. Speaker of the House John Boehner has stated that the bill is not a legislative priority and encourages frivolous lawsuits. Minority Leader Nancy Pelosi has indicated to Politico that she may file a discharge petition (which must be signed by 218 voting Members) and force a vote in the House. The measure passed the Senate on Thursday.
Courtesy of American Association of Christian Schools
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