ENDA Amendments – Good News Or Bad?

As the celebration over the passage of the inclusive ENDA in the Senate dies down questions are starting to be asked about the Ayotte-Portman amendment, did we give away too much?

Policto and many other news media outlets write this the amendment,

… Portman-Ayotte amendment that would ban state and local governments from retaliating against religious groups that take action only permissible because of the religious exemption clause.

That in itself doesn’t sound too alarming most states have religious exemptions already in their anti-discrimination bill. However, the New York Times said in an editorial that,

The Employment Nondiscrimination Act, however, has a significant flaw — a terribly broad religious exemption. The exemption would extend beyond churches and other houses of worship to any religiously affiliated institution, like hospitals and universities, and would allow those institutions to discriminate against people in jobs with no religious function, like billing clerks, cafeteria workers and medical personnel.

This is where the red flags are coming from this exemption surpasses the states anti-discrimination laws. Connecticut like the other states exempt religious organizations but not religiously affiliated institution. Furthermore since ENDA “would ban state and local governments from retaliating against religious groups that take action only permissible because of the religious exemption clause” and coupled with the expanded definition, ENDA may possibly void most of the state employment anti-discrimination laws covering LGBT employees?

The New York Times article goes on to say,

The exemption — which was inserted to appease some opponents who say the act threatens religious freedom — is a departure from the approach of earlier civil rights laws. And though the law would protect millions of workers from bias, the exemption would give a stamp of legitimacy to the very sort of discrimination the act is meant to end. Any attempt to further enlarge the exemption should be rejected.

Did they give away states’ rights in order to pass ENDA?