Basic info. on the 2009 ENDA bills

1. To address the history and widespread pattern of
   discrimination on the basis of sexual orientation or gender
   identity by private sector employers and local, State, and
   Federal Government employers;
    
2. To provide a comprehensive Federal prohibition of
   employment discrimination on the basis of sexual orientation or
   gender identity, including meaningful and effective remedies
   for any such discrimination; and
    
3. To invoke congressional powers, including the powers to
   enforce the 14th amendment to the Constitution, and to regulate
   interstate commerce and provide for the general welfare
   pursuant to section 8 of article I of the Constitution, in
   order to prohibit employment discrimination on the basis of
   sexual orientation or gender identity. ₁
    

	(6) GENDER IDENTITY- The term ?gender identity? means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual?s designated sex at birth.
	(9) SEXUAL ORIENTATION- The term ?sexual orientation? means homosexuality, heterosexuality, or bisexuality.

Unfortunately, the bill does not define homosexuality, heterosexuality, or bisexuality. This is an important oversight because many religious and social conservatives define these sexual orientations in terms of behavior. To them, homosexuality involves being sexually active with a member of the same gender; it is what someone does. Essentially everyone else defines them in terms of feelings of sexual attraction. To them, homosexuality involves being exclusively attracted to members of the same sex; it is part of what a person is. Without a more precise definition of 'sexual orientation' some confusion is likely to arise.

Still, this group of definitions is a major advance over the recently proposed hate-crimes act which does not define sexual orientation at all. As a result, a few fundamentalist Christian groups have introduced a novel definition in which there are 30 or more orientations possible. This alternate definition makes dialogue, discussion and debate essentially impossible.