Should We Support ENDA?

There are questions being asked about supporting the Employment Non-Discrimination Act (ENDA) because of its broad religious exemption.

Major legal groups won’t support ENDA because of religious exemption
Washington Blade
June 5, 2014
By Chris Johnson

Two major LGBT legal groups announced on Thursday they don’t support the current version of the Employment Non-Discrimination Act pending before Congress because of the bill’s religious exemption.

The National Center for Lesbian Rights and the Transgender Law Center told the Washington Blade they don’t support ENDA because the religious exemption is greater than it is under Title VII of the Civil Rights Act of 1964 for other classifications of people.

Shannon Minter, legal director for the National Center for Lesbian Rights, said the religious exemption must be more narrow if his organization is to continue backing ENDA.

“We strongly oppose any religious exemption in ENDA or any other federal, state, or local non-discrimination law that is broader than the religious exemption that already exists under federal civil rights laws,” Minter said. “We do not support legislation that will create a new and broader exemption for LGBT people than exists for other protected groups. While we are confident the current discriminatory religious exemption in ENDA will not be part of the final legislation, we will not continue to support ENDA if it is not changed to be consistent with Title VII’s religious exemption.”

This gives me pause to think of continuing my support of ENDA, I was thinking about going to lobby for ENDA in July. But now I concerned that maybe we have given away too much, there is a point where compromise has to end. The Christian right has been pushing and pushing to make this country a country of religious fiefdoms where it is okay to discriminate against someone just by claiming it is against your religion.

Would it be alright for an employer refuse to a hire black person because their religion does not allow the races to be mixed? Would it be alright for an employer to not hire any non-Christians or an unmarried couple? Than why would it be alright to not hire a gay, lesbian or trans employee?

ENDA’s religious exemption would provide leeway for religious institutions, like churches or religious schools, to discriminate against LGBT workers in non-ministerial positions even if the bill were to become law. It’s broader than similar exemptions under Title VII of the Civil Rights Act of 1964 for categories of race, gender, religion and national origin.

Under Connecticut’s non-discrimination law non-ministerial are covered and the federal law may weaken Connecticut’s law. Connecticut’s law protects workers like nurses at a religious hospital and the law protects an English teacher at a parochial school from discrimination and under ENDA they would not be protected.

So I am rethinking my position on ENDA.