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365Gay.com
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A
Watershed Moment
This
week's ENDA hearing is bigger than you think
by Matt
Foreman, National Gay and Lesbian Task Force
From
365Gay.com on the Web, September 9, 2007
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This week, a House subcommittee held
a hearing on the Employment Non-Discrimination Act (ENDA). Given that the
bill has been languishing for 17 years — in spite of overwhelming public support
— a collective “whatever” would be understandable. But folks, this is big
— I mean really big — for two reasons.
One is that for the first time ever, the version of ENDA now moving through
Congress will cover all our people — lesbian, gay, bisexual and transgender.
The other is that for the first time ever, we have every right to expect — yes
demand — that both houses of Congress pass ENDA and put it on the president’s
desk.
Let me start by saying ENDA is not the be-all and end-all of pro-LGBT
legislation, but it’s a start. By covering employment discrimination only
— and not including discrimination in housing, public accommodations, credit and
education — it is far less comprehensive than the first piece of pro-gay
legislation introduced in Congress in 1974.
Nonetheless, ENDA would provide legal recourse to victims of job discrimination
based on sexual orientation to people living in the 31 states that don’t have
laws covering anti-gay discrimination and to people living in the 39 states that
don’t cover anti-transgender job bias. I also have to note how profoundly
ironic it is that at a time when marriage equality is at the forefront of
national discourse, Congress is only able to take up employment
nondiscrimination protections — which has had between 65 percent to 80 percent
public support for years on end. But that’s just the way things are —
public support leads, Congress follows (or not).
Why is the inclusion of transgender people in ENDA so monumental? Well,
there’s the obvious answer that because transgender people face tremendously
intense discrimination in this country it would be unconscionable to leave them
out. But as important, this week’s hearing represents a watershed moment
in the internal history of our movement and our collective relationship with
Congress.
It’s taken nearly 10 years of intra-community debating, arguing, protesting and
plain old nasty stubbornness and intransigence to make trans-inclusion
non-negotiable in ENDA. I am personally proud of the Task Force’s
leadership here — in 1999, we said we would oppose ENDA unless it included all
of us. (Yes, and thanks to a big and heartfelt shove from transgender
leaders.) We were told it would never happen, that we were hopelessly
politically correct, out of touch with reality and basic politics. We were
told it was immoral to slow down passage of a much-needed gay rights bill.
(Damn, why didn’t we realize that Dick Armey and Trent Lott really loved the
gays, it was just the trans folks they hated?)
Little by little, outright opposition and sneering shifted to lip service, which
shifted to grudging acceptance, which shifted to solid embrace. That’s not
to say there’s still not squishiness around the edges: Everyone now says
they will only support a trans-inclusive ENDA, but we don’t know if they’ll all
do what it takes to ensure trans-inclusiveness if push comes to shove. Two
years ago, in a private meeting with leading Senate Democrats, a united LGBT
front was put on the table: Don’t introduce ENDA unless it’s inclusive.
That message was heard — and in case you didn’t notice — ENDA wasn’t
re-introduced. This year, it was — the way we wanted it. Here again,
however, it wasn’t a cakewalk. Members and their staffs needed to be
convinced that trans-inclusion wouldn’t kill them or their colleagues at
election time. So, we produced the results of polls and focus groups
showing it wouldn’t. They needed help in addressing real concerns
employers might have — and they got that. (Barney Frank and Tammy Baldwin
deserve huge kudos here.) But most of all, they needed to know we — all of
us — were serious about it. All of this proves a point: We can get
what people said would be impossible by staying at it, with a united front.
Congratulations to all of us!
The second reason why this introduction is such a big deal is because — with the
change in power in Congress — we are in a position to not only expect, but
demand that both houses take it up and put the new ENDA on the president’s desk
by the end of the year. He’ll no doubt veto it — but the question can and
must be called.
After last fall’s election, all the LGBT organizations working on federal policy
and legislation came together and agreed that getting ENDA passed this calendar
year was our No. 1 priority. We have the votes — including Republican ones
— to do it. As stated earlier, public support has been there for years.
What’s left is the political will to do it.
The blogosphere is sizzling with critiques of the new majority. Why
haven’t they done more? What was the point of electing Democrats when they
won’t lead on core progressive issues, etc. Queer bloggers are asking the
same kinds of questions. Why attach the hate crimes bill to a defense bill
going nowhere fast? What about repealing “Don’t Ask, Don’t Tell”?
What’s taken so long to get ENDA moving? Is all of this a set up to make
sure there’s no ENDA vote before the 2008 elections? All good questions.
I, for one, believe it when they say the Senate will take up ENDA soon after the
House. But I’ve also been around long enough to know how fast the sand can
shift on Capitol Hill and how often our issues have been pushed down because
there’s “more important” business to take care of.
As of this week, however, there can’t be any acceptable reasons for inaction.
We’ve waited too long. Now’s the time, Congress: Show us what and
who you stand for.
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