USA: Final Vote on The Employment Non-Discrimination Act In the Senate Today

Written by scott on November 7th, 2013

US CongressThe U.S. Senate is due to vote on ENDA today.

The Hill reports:

On Thursday, the Senate will vote on a GOP amendment to expand religious exemptions under the bill before voting to end debate on the measure. If Democrats get 60 votes to end debate, the Senate will then vote on final passage at 1:45 p.m. The Employment Non-Discrimination Act (ENDA), S. 815, would ban workplace discrimination based on sexual orientation and gender identity. Earlier this week seven Republicans joined Democrats in a vote to begin debate on the bill, making final passage all but certain.

Over at Towleroad, Ari Ezra Waldman looks at the danger of the overly broad religious exemptions in the bill:

Soon, there will be a federal lawsuit challenging a religiously-affiliated organization discriminating against an LGBT person or couple in the provision of services. At that point, a judge will go back and try to determine the balance between equality and religious freedom. He or she will write an opinion discussing this country’s long history of treating people equally. But the judge will eventually be confronted by the uncontroverted fact that LGBT equality laws have broader religious exemptions than equality laws focusing on other groups. To any judge that will mean that society (via Congress) has made a decision that religious freedom enjoys a privileged position relative to gay equality. And that will mean that religious freedom will likely beat out LGBT equality when the two rights come in conflict.

The judge will also look at what lawyers call “legislative history,” or evidence of Congress’s meaning and intentions when it passed a law. Democrats’ failure to oppose the broad religious exemption in ENDA will allow a judge to conclude that the only reason ENDA passed was because of the religious exemptions and that liberals seemed on board with the religious exemptions. They called it “unnecessary,” they didn’t oppose it. So, when a close call comes before a judge — and most cases that get to court are close calls rather than obviously answered by settled law — any court could interpret ENDA’s legislative history as endorsing religious liberty over LGBT equality.

So maybe Boehner is doing us a favor by blocking a vote on the bill in the House? Or should we give away whatever we have to in order to get something, anything passed?

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1 Comments so far ↓

  1. Lasher says:

    That picture is actually the California State Legislature.

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