Enda's Law: Did It Pass?

The Employment Non-Discrimination Act (ENDA) is a piece of legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or gender identity. While ENDA has been introduced in Congress almost every year since 1994, it has yet to become law. The closest it came was in 2013 when it passed the Senate with bipartisan support but was voted against by the House Rules Committee.

The Employment Non-Discrimination Act (ENDA) was passed by the US Senate in 2013

The Employment Non-Discrimination Act (ENDA) was passed by the US Senate on November 7, 2013, by a vote of 64-32. The bill, sponsored by Senator Jeff Merkley, sought to prohibit discrimination in hiring and employment on the basis of sexual orientation and gender identity.

ENDA's passage by the Senate was a significant step towards ensuring equal rights for lesbian, gay, bisexual, and transgender (LGBT) individuals in the workplace. At the time, 29 states lacked sufficient protections for LGBT individuals against employment discrimination. The bill aimed to fill this gap in civil rights laws by explicitly prohibiting employers from discriminating based on an individual's sexual orientation or gender identity.

The version of ENDA that passed the Senate in 2013 included explicit protections for gender identity, which had been a contentious issue in previous iterations of the bill. However, it's important to note that ENDA did not become law, as it failed to pass the House of Representatives.

The bill faced opposition from some religious organizations due to concerns about its impact on religious freedom. Despite this, ENDA received bipartisan support in the Senate, with several Republican senators joining Democrats in voting for its passage.

ENDA's proponents argued that it was necessary to guarantee that LGBT individuals were judged based on their skills and abilities rather than irrelevant factors such as their sexual orientation or gender identity. This aligned with the principle of equal opportunity and the American dream, where individuals should be able to earn a living and climb the economic ladder based on their merits.

The bill would extend the current non-discrimination law to include sexual orientation and gender identity

The Employment Non-Discrimination Act (ENDA) is a piece of legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or gender identity. The bill would extend the current non-discrimination law, which covers race, skin colour, religion, sex, and national origin, to include sexual orientation and gender identity. This would make it illegal to refuse to hire, promote, or fire an employee based on these qualities.

ENDA would apply to employers with over fifteen employees, as well as federal, state, and local government employers. The bill contains explicit exemptions for religious organizations, including churches, synagogues, mosques, and other places of worship, as well as religious schools, colleges, and universities.

The benefits of ENDA include ensuring that people are judged on the quality of their work, rather than personal characteristics. It would allow employees to be honest about themselves while at work, leading to increased job productivity and satisfaction. ENDA also follows the best practices of the business community, with many Fortune 500 companies already implementing similar policies.

ENDA passed the US Senate on November 7, 2013, by a vote of 64-32, and was supported by President Barack Obama. However, it was voted against by the House Rules Committee and did not become law.

ENDA was introduced in Congress in 1994 and has been reintroduced every year since except for 2005-2006

The Employment Non-Discrimination Act (ENDA) was first introduced in Congress on June 23, 1994, by Rep. Gerry Studds. The bill failed in 1994 and 1995, and in 1996, it failed on a 49-50 vote in the Senate and was not voted on in the House.

ENDA has been introduced in every Congress since 1994, except for the 109th (2005-2006). In 2007, gender identity protections were added to the legislation for the first time. However, some sponsors believed that even with a Democratic majority, ENDA did not have enough votes to pass the House of Representatives with transgender inclusion. As a result, it was dropped from the bill, which passed the House but died in the Senate.

In 2009, Rep. Barney Frank introduced a transgender-inclusive version of ENDA, and he reintroduced it in 2011. On November 7, 2013, a version of the bill introduced by Senator Jeff Merkley passed the Senate with bipartisan support by a vote of 64-32. However, it was voted against by the House Rules Committee.

ENDA is intended to prohibit discrimination in hiring and employment on the basis of sexual orientation and, depending on the version of the bill, gender identity. It would apply to employers with over 15 employees, as well as federal, state, and local government employers. While ENDA has gained support from a vast majority of Americans, it has faced opposition from some religious organizations and libertarian groups, who argue that it infringes on employers' rights and religious freedom.

The bill faced opposition from religious groups, libertarians, and Republican lawmakers

The Employment Non-Discrimination Act (ENDA) faced opposition from a variety of groups, including religious organizations, libertarians, and Republican lawmakers.

Opposition from Religious Groups

Religious groups, particularly those with conservative beliefs, opposed ENDA due to concerns about religious liberty and the redefinition of marriage. They argued that the bill threatened their religious freedom by punishing religious or moral disapproval of same-sex conduct and not providing adequate protection for religious employers. Some religious groups also believed that ENDA affirmed and protected extramarital sexual conduct and rejected the biological basis of gender by allowing individuals to choose a gender identity different from their biological sex.

Opposition from Libertarians

Libertarians criticized ENDA as an act of coercion that infringed on employers' property rights and freedom of association. They argued that individuals should have the freedom to form associations and contracts according to their values without government interference. Libertarians also raised concerns about the potential negative impact of ENDA on free markets, suggesting that it could discourage job creation and create special privileges enforceable against private actors.

Opposition from Republican Lawmakers

Republican lawmakers, including members of the House and Senate, generally opposed ENDA. In the House, the majority of Republicans did not co-sponsor the bill, and Speaker John Boehner was a prominent opponent. In the Senate, a smaller number of Republicans supported ENDA, with a few unexpectedly joining the Democratic majority to pass the bill in 2013. However, most Republican senators voted against it, and President George W. Bush threatened to veto the measure when it was first introduced.

Despite this, ENDA was supported by a vast majority of Americans

Despite facing opposition from religious groups, libertarians, and Republican lawmakers, the Employment Non-Discrimination Act (ENDA) was supported by a vast majority of Americans. Over 70% of Americans were in favour of federal workplace protections for LGBT people, with a majority in every state supporting employment protections on the basis of sexual orientation and gender identity. This support was reflected in the business community, with 88% of Fortune 500 companies having implemented policies prohibiting discrimination against gay and lesbian employees, and 57% protecting transgender employees.

The bill also gained support from prominent figures, including Prop 8 attorney Ted Olson, Apple CEO Tim Cook, and President Barack Obama. In addition, several Republican lawmakers broke with their party to co-sponsor the bill, recognising the importance of providing LGBT Americans with equal opportunities in the workplace.

The support for ENDA among Americans and prominent figures can be attributed to the recognition that LGBT individuals should be judged on the quality of their work rather than their personal characteristics. Furthermore, advocates of the bill highlighted the widespread discrimination faced by LGBT individuals in employment, with research supporting these claims.

However, it is important to note that while ENDA garnered significant support, it faced strong opposition from certain groups, particularly those concerned about religious freedom and the role of government in regulating private employers. Despite this opposition, the majority of Americans favoured workplace protections for LGBT individuals, demonstrating a shift towards greater acceptance and a desire for equal rights.

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