Tag Archives: legislation

ENDA Passes the House: No Party in the Square

The Employment Nondiscrimination Act (ENDA) was voted on by the House of Representatives today. It passed by a vote of 235 to 184 with 14 not voting. It needed 212 to pass.*

It passed by the skin of its proverbial teeth. So, why are we not celebrating?

Let’s review:

1. ENDA does not really protect gays, lesbians and bisexuals. Even though the debate about including or not including protection for gender identity or expression was framed in terms of protecting the transgendered, really those provisions would have protected gays, lesbians and bisexuals better than simply stating that, as the bill that passed the house does, that you can’t fire or refuse to hire someone because of his or her real or perceived sexual orientation.

That is like saying “Fine, so we can’t fire you for being a lesbian as long as you aren’t too butch.” If you’re “too butch” all bets are off.

HRC and its coaltion and Barney Frank and allies in the House have framed this as an issue of society becoming used to talk about GLB issues and being ready for civil rights legislation for lesbians and gays, but not quite being ready for legislation protecting transgendered folks because that issue is just newly in our consciousness as a society. That is naive and elitist. It presumes that most GLB folks are middle class and upper middle class professionals just looking to move up in the corporation. That simply isn’t the case.

2. ENDA does not consider the U.S. military an employer. All those troops in Iraq and Afghanistan? Not covered by ENDA. After all, we can’t let an important civil rights bill interfere with our “Don’t Ask Don’t Tell” policy.

3. ENDA does nothing about housing discrimination which weights much more heavily on working class and poorer LGBT folks than on middle and upper class ones.

4. ENDA will likely be vetoed.

Here’s where I think the HRCs cynicism creeps in. I think they don’t like the eviscerated ENDA either but they recognize that a veto is likely and is counting on that opportunity to go out and say “See how bad the Republican party is to LGBT folks? Don’t vote for them.”

But the truth is that we already know that the Republican party is bad to LGBT folks. There is no better evidence of that than their own sex scandals. You don’t see nearly so many people falling out of the Democratic party closet partly because the Democratic party doesn’t force people to be so closeted.

I’ll be away at a union conference this weekend so won’t be blogging much, but in that spirit let me ask you a question:

How much value is a bill like ENDA when so much employment in the US is “at will” employment, meaning that your employer can simply fire you because he feels like it anyway. So long as he doesn’t give an unfair reason for firing you he can simply say “you know, this just isn’t working out. I’m sorry. We have to let you go,” or “No, we have so many people I don’t have any hours for you next week, sorry! Check back in on Thursday.”

We need strong legislation that moves us toward economic and social justice for all of us. Not “civil rights” bills that say, essentially, that you can’t refuse to promote the clean cut guy in the business suit just because his partner is a man.

ENDA-as-is? It makes for weak symbolic politics and ineffective workplace protections.

It certainly isn’t the bill we need.

Note: This was published first on SexInThePublicSquare.org, our community site. Drop by!

 *I first reported that the bill passed with a vote of 218-205 and 10 not voting. That was a mistake. That vote was actually a vote on procedure (a vote to consider the measure.) The vote on the bill itself is now correctly reported above.

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Filed under congress, ENDA, Gender, legislation, News and politics, public discourse, sex, sex and the law, sexual orientation, sexuality

ENDA: A sacrifice on the table?

Here is what I wrote at around 5:30 pm today on SexInThePublicSquare.org:

HRC is announcing that tomorrow, Wednesday November 7, the House is scheduled to vote on ENDA.

Please call Tammy Baldwin and urge her to offer her amendment and not to withdraw it. Then call your representative and urge that person to support her amendment.

If representatives are given the chance to avoid going on record about gender identity they’ll take it. I, for one, don’t want them to have that chance.

Click here to find contact information for your congressperson or use the Speak Out!! section on the left.

Oh, and happy election day.

Here is what I wrote 5 hours later:

UPDATE 10:00pm NOV 6: This is not such good news as it first appeared. This is the notation from GovTrack.us about the schedule debate and vote:

Last Action: Nov 5, 2007: Rules Committee Resolution H. Res. 793 Reported to House. Rule provides for consideration of H.R. 3685 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

So, maybe one of you can help decipher this but I read this to mean that the “previous question” (a yes or no vote on the bill as presented) will be considered without any other motions (e.g., amendments) except motions to send it back to committee.

This makes it sound like Tammy Baldwin’s amendment will not be offered.

Tune in tomorrow to see what the debate sounds like.

Meanwhile, expect an ENDA without gender identity included. In other words, expect a largely ineffective ENDA that reflects the needs of elite gays, lesbians and bisexuals but does not meet the needs of most of us.

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ENDA Tabled?

Khadijah Farmer, her mother Aliha and LGBT Center's Cristine HerraraSo you might have been following the ENDA stories and known that it was scheduled to come up for a vote in the House last week or the week before. And you might have noticed that that didn’t happen. And you might have been waiting for news about that. I even tried to put a legislation tracker on the site (SexInThePublicSquare.org) so we could more easily keep up with bills like ENDA. (Aside: you’ll probably have noticed that so far it is only working in Safari browser.) Even with all that, I’d noticed that, well, nothing seemed to be happening. So, I’ve been poking around trying to figure out what’s going on, and I just came across this, from October 31, by EJ Graff at TFM Cafe:

The latest news on this front: ENDA, which had been scheduled for a House floor vote this week, has been taken off the table.

The official reason that ENDA won’t come up for vote: it’s been pushed aside by other business. The generally accepted reason is the split between the Barney Frank faction and the Tammy Baldwin faction.

The Tammy Baldwin faction, remember, is the faction that was going to offer an amendment, on the floor, that would put gender identity back into ENDA. The Barney Frank faction is the one that “compromised” gender identity out of the bill.

Graff does a great job explaining, again, why keeping gender identity in the bill is so important. It isn’t just to protect the trangendered, though to my mind that would be reason enough. It is also important because much of the discrimination that lesbians and gays face comes not as a result of sexual orientation but as a result of refusal or inability to comply with gender normative behavior. Some examples from her piece that make this crystal clear:

After all, when grade school and middle school kids taunt or beat up some boy for acting “gay,” it’s not because he’s been kissing other boys; it’s because he hasn’t been masculine enough for their taste.

and

Consider what happened to Darlene Jespersen, who lost her bartending job at Harrah’s Casino after 21 years—when her employer instituted a policy that said all women had to wear makeup. She couldn’t do it; her whole being revolted against that mask. (And yes, the 9th circuit decided that this was legal)

These examples also make it clear that the teasing and the discrimination that we’re talking about can also be used to victimize heterosexual people who don’t conform to gender norms. In neither of the examples above do we even need to know the sexual orientation of the people involved (real or hypothetical) in order to know that their treatment is wrong.

Does anybody else remember the amazing book, Homophobia as a Weapon of Sexism, written by Suzanne Pharr? I remember reading it in a Philosophy of Sexuality class in college (eternal thanks to the phenomenal Peggy Walsh) and having one of those “eureka moment” epiphanies where suddenly all kinds of seemingly disparate oppressions slid into their interlocking positions and I really got why this was all so important to me. (It’s no accident that we read this alongside a piece by Marilyn Frye describing oppression as a bird cage.)

Pharr’s argument, very briefly and probably oversimplified, is that homophobia is used to keep people obeying gender norms that are sexist and that privilege masculinity over femininity. Any thing that challenges that system is framed in homophobic terms, and their success depends on our own internalized homophobia.

ENDA, while being framed as a piece of gay/lesbian/bisexual/transgender rights legislation, is really much bigger, but only if it includes gender identity. If it does, it is a piece of legislation that moves us forward in the enormous task of dismantling a gender role system that oppresses all who fail to conform to its narrow expectations. While some in the mainstream gay rights movement might not be comfortable with that goal (preferring a more liberal model where people of any sexual orientation are free to assimilate into the dominant culture) they need to realize that they won’t achieve protection for lots of gays and lesbians if they don’t back the gender identity part of ENDA. (This is something Barney Frank seems not to understand. In his statement in the House on October 9 he seemed to believe that ENDA could protect lesbians, gays and bisexuals effectively without the gender identity provision, and that later some bill could be written to protect the transgendered, who should effectively ‘wait their turn’. His mistake is in thinking that without specific gender identity protection that gays and lesbians can be protected effectively themselves.)

It irritates me that Barney Frank, a gay white man in power, is willing to sacrifice the effective protection of LGBT folks in order to look as though he’s done right by us. He doesn’t stand to lose if ENDA gets passed without gender identity, (though others of us do) but he does stand to lose of ENDA doesn’t pass at all.

ENDA is not for Barney Frank. ENDA is for all of us. It needs to be brought back to the table so that Tammy Baldwin can offer her amendment. The tabling of the bill is, I’m certain, in fear about Baldwin’s amendment, and I for one would much rather see the legislation voted down by people who have to go on record opposing the inclusion of gender identity then to see Baldwin and others intimidated behind the scenes into accepting the Frank compromise or having the bill die without a vote.

Note: This post is published on my blog at SexInThePublicSquare.org, our community site. Come join in!

Thanks to Feministing‘s always amazing Weekly Feminist Reader for the link to EJ Graff’s piece!

Photo of Khadijah Farmer, her mother Aliyah and Christine Herrara from the LGBT Center borrowed from GayCityNews story, “Not So Hot on Caliente” . Khadijah Farmer is the woman who was kicked out of Caliente Cab Company, a restaurant in New York City, because a bouncer believed she was a man using the women’s restroom. Though she offered to show him ID she and her party were still forced to leave. Her case, while not about employment, is an excellent example of how perception of gender identity is a source of discrimination. She was not kicked out because she was a lesbian. She was kicked out because a bouncer refused to believe she was a woman.

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