Tuesday, May 11, 2010

The Employment Non-Discrimination Act (ENDA) Is Heating Up Again

There are all sorts of rumors flying about what is the language of bill. As of today, the markup of the bill has not been released; however, there seems to be some type of wording in the bill that will include bathrooms.

On the Capitol Hill news-site, “Roll Call”, they say that ENDA,
A repeal of the “don’t ask, don’t tell” law banning openly gay people from serving in the military and the Employment Non-Discrimination Act could be on the floor this month, according to senior Democratic aides and lawmakers.
The vote count of the Representatives indicates that there may be enough votes to pass ENDA in the House.
Meanwhile, the whip count on ENDA, which Obama also backs, is entering its fifth week. The effort has most recently focused on rechecking support among Members thought to be more comfortable with the legislation than politically imperiled moderates who have raised most of the concerns, one source familiar with the effort said. That, the source said, bodes well for its progress. But many Members remain officially undecided and have quietly voiced frustrations about the prospect of taking a tough vote that they see as a distraction from an agenda focused on job creation.
And what are the moderates worried about? Bathroom!
He said concessions were made in the drafting of the language to address moderates’ concerns. For instance, Frank said, transgender people with “one set of genitals” would not be able to go to a bathroom for people with another set of genitals.
Come on people, lets get over your hang-up on bathrooms. There are over 300 businesses that report having gender identity non-discrimination policies and those companies have no problem with bathrooms.

A web-site that has a good discussion on this topic is “Ask A Manager” and it is worth reading.

On the Capitol Hill news-site, “The Hill”, they have a different perspective on the passage of the bill,
Speaker Nancy Pelosi and the Democratic leadership are pushing legislation, written by Rep. Barney Frank, that would made it illegal for employers to discriminate against transgendered people.

The bill scares centrist Democrats, who don't want to be forced to vote on a hot-button issue popular on the left as they approach November congressional elections in which heavy Democratic losses are expected.

The Democratic whip’s office has circulated an e-mail asking members if they’d support a version of the non-discrimination act that includes the transgender protection and if they’d oppose an anticipated motion to recommit that would water down or strike that provision.
However, if you look at polls that have been taking on voter support for gender inclusive non-discrimination legislation; the people are overwhelmingly in favor of such legislation.
Polling on transgender employment discrimination Issues:
  • National: Sixty-one percent believe that the country needs laws to protect transgender people from discrimination (2002; poll conducted by Lake Snell Perry & Associates).
  • Ohio: Sixty percent of Ohio registered voters believe that laws should be passed banning discrimination in employment, housing and public accommodations on both sexual orientation and gender identity or expression (2006 Glengariff Poll commissioned by Equality Ohio Education Fund).
  • New Jersey: In 2005, a Zogby poll indicated that 70 percent of likely voters in New Jersey favored a state bill that would expand the state's law against discrimination to include gender identity and expression, while only 19 percent opposed it (released by Garden State Equality).
  • New York: Seventy-eight percent of New Yorkers support a statewide bill that would provide protection against discrimination based on gender identity or expression, while only 13 percent do not (2008; poll conducted by the Global Strategy Group, released by Empire State Pride Agenda).
ReligiousTolerance
This will not be a make or break issue in the fall elections, health care and the economy will be, bit not trans-issues.

Until the mark-up is released we will not know the wording on the bill. So until then, I am not going to contact my senators and representative until I know what the exact wording of the bill.

To listen to an interviews with Diego Sanchez, the transgender congressional aide to Congressman Barney Frank and others talk about ENDA, click here.

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