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Employment discrimination on the basis of sexual orientation

The Employment Non-Discrimination
Act (ENDA) from 1995 to 2002

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Support for ENDA during the 1990's:

Polls have consistently shown that American adults support equal employment protection for persons of all sexual orientations:

bullet1995: A poll by Newsweek magazine taken among actual voters showed that 84% supported equal rights for gays and lesbians in the workplace.
bullet1996-MAY: A Newsweek poll showed that 84% of American adults supported equal protections in employment for gays and lesbians.
bullet1996-JUN: An American public opinion poll was taken in by ICR Survey Research Group of Media, PA. Results are correct within 3 percentage points, 19 times out of 20.
bulletSame-sex marriage:
bulletOverall results: 57% opposed; 30% in favor
bulletFemales responded: 49% opposed
bulletPersons under 35: 47% opposed; 47% in favor
bulletEqual job opportunities: 10% opposed; 85% in favor (vs. 16 to 76% in 1992)
bulletExclude gays totally from the military: 15% in favor of a ban
bulletAllow openly gay or lesbian persons into the military 37% opposed; 40% in favor
bullet1996-JUN: A poll by the Associated Press showed that 85% of adults are in favor of federal legislation to give equal protection in employment to gays and lesbians.
bullet1996-NOV: Greenberg Research Inc. conducted a national survey of 1,007 voters at election time on 1996-NOV-5 to 8. They found that:
bulletAmong Christians generally, 70% believe that gays and lesbians should be protected from discrimination in the workplace; 23% do not.
bulletAmong fundamentalist and other evangelical Christians, 60% are in favor while 34% do not.

The poll's margin of error is ± 3.1 percent, 19 times out of 20.

bullet1997-APR: A public opinion poll was conducted during 1997-APR 8 to 10 by the Tarrance Group and Lake Sosin Snell & Associates. They asked American adults whether they supported a Federal law to "prevent job discrimination against gays and lesbians." Results showed that ENDA has 68% support nationally, 77% in the Northeast, 71% in the Midwest, 68% in the West, and 62% in the South. It is supported by 79% of Democrats, 69% of independents, and 59% of Republicans. Only about 15% of adults are "strongly opposed."
bullet1997-OCT: Oliver Thomas of the National Council of Churches and Herbert Valentine of the Presbyterian Church (USA) were scheduled to talk in support of ENDA before the Senate Labor and Human Resources Committee. A procedural move prevented them from being heard. Will Dodson, director of public policy for the Southern Baptist Convention's Ethics & Religious Liberty Commission said that he:

 "walked away from the hearing both sad and angry...I walked away angry because there were actually church leaders who were there to support the bill. As Christians, our response to this issue should be to love the sinner and hate the sin. It is infuriating to hear church leaders suggest that we are showing love for the sinner by accepting his sinful behavior. Christians ought to be helping them to escape a sinful, harmful lifestyle. I can understand how those without Christ would defend their lifestyle. However, it is inexcusable that Christians would defend lifestyles which are contrary to Scripture."

Dodson appears to have been misinformed. Thomas and Valentine were not at the Senate committee to promote, accept or defend homosexuals. They were trying to give them job security.

bullet1998-JUL-31: A public opinion poll with a margin of error of 4% was conducted by the Princeton Survey Research Associates for Newsweek magazine on 1998-JUL-30 & 31. It found that 83% of the general population felt that gays and lesbians deserve equal rights in obtaining jobs. Legislators will ignore these poll data at their peril.

Many large companies have gone on record as supporting ENDA.

Winnie Stachelberg, legislative director of the Human Rights Campaign said

"Employment protections [for lesbian and gay workers] have really emerged as a mainstream, bipartisan issue."

In 1996-SEP, Matt Coles, director of the Lesbian and Gay Rights Project of the American Civil Liberties Union" stated:

"We are on the verge of passing legislation that will finally ensure fairness for all American workers, regardless of sexual orientation...While we have a lot of work ahead of us in the coming days, the momentum is clearly on our side."

He was wrong.

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Opposition to ENDA during the 1990's:

As one might expect, much of the opposition comes from conservative Christianity. One example is:

bulletKristi S. Hamrick, Director of Communications for The Family Research Council (FRC) issued a news release on 1997-APR-24 titled "Pro-family America will Fight the ENDA Agenda of Putting Sex Into the Workplace". She made a number of following points.:
bulletA USA Weekend survey of 1997-APR-18 shows that most Americans do not support ENDA, by a margin of 55% to 45% [These survey results deviate greatly from all other surveys. The wording of the questions asked in that poll may have been biased.]
bulletENDA will introduce a pro-gay bias in hiring. [since the words "gay," "lesbian,"  "homosexual," "heterosexual," and "bisexual" do not appear in the bill, there does not appear to be any way in which individuals of one sexual orientation could be favored by the bill.]
bulletENDA will extend civil rights coverage from characteristics that cannot be changed, such as skin color, to sexual behaviors. [The implication is that sexual orientation can be changed. Professional mental health associations agree that it is a fixed characteristic in all or essentially all adults. Also the FRC overlooks the fact that religion, a chosen activity, is already a protected class]
bulletENDA would prevent employers from disciplining any employee for any sexual act while on the job. [This is an interesting interpretation of the bill. ENDA prohibits discrimination on the basis of sexual orientation; it would not prohibit discipline for persons of any sexual orientation found fornicating on the job.]
bulletENDA would give homosexuals special rights [Persons of all sexual orientations are given equal rights; neither bisexuals, gays, heterosexuals or lesbians would be given special rights.]
bulletENDA would lead to quotas for gays and lesbians [Quotas are specifically prohibited by ENDA.]
bulletThe Capitol Hill Prayer Alert at http://www.prayeralert.org/ asks that Christians pray against the ENDA bill. Their web site starts with an apparent wish that all gays and lesbians die: "Although they know God's righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them" (Romans 1:32). Some points raised in their essay:
bulletENDA is a "pro-homosexual measure
bulletENDA would be the first federal legislation which would "...extend special favor to people based on their chosen behavior..." [The bill gives equal protection to persons of all sexual orientations. Mental health professionals generally agree that adults do not choose their orientation, and cannot change it.]
bulletThe bill will give protection to those involved in "...polygamy, incest, pedophilia, beastiality [sic] and other forms of sexual perversion." [It will not; it is limited to sexual orientation only.]
bulletChristian employers' "freedoms of religion, speech and association will be violently stripped away" by the bill. [They will not. Employers can continue to hate homosexuality or heterosexuality; they can hate homosexuals and heterosexuals. The bill only states that employers would be unable to discriminate against them. In the same way existing laws allow employers to hate persons of different races, genders, nationalities, etc. But they are unable to discriminate against them.]
bulletThey ask readers to pray "That God will CRUSH ENDA, whatever form it may take."

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Later ENDA developments during the 1990's:

bullet1997-JUN: Rep. Christopher Says (R-CT) and other sponsors brought forth a slightly modified form of the ENDA bill in early 1997-JUN. Changes include:
bulletThe bill prohibits the Equal Employment Opportunity Commission from collecting data on workers' sexual orientation or requiring quotas or preferential treatment of gays, lesbians, bisexuals or heterosexuals.
bulletReligious organizations would be exempt from the legislation.

Says commented that the bill:

"is based on a fundamental principle most of us share: Americans should be judged at work because of their performance at work...It would guarantee that gay men and lesbians have the same opportunity the rest of us now take for granted: to get and keep a job based on the merits of the work we do and not on some characteristic we have that is entirely irrelevant to the value of our work." Another sponsor, Rep. Barney Frank, (D-Mass), said "This bill simply says that you will be judged in the work place on the merits. Period...There is absolutely nothing to be said against it."

Robert Knight, director of cultural studies for The Family Research Council, commented:

"It will outlaw Christianity, Orthodox Judaism and every belief that says homosexuality is wrong...It will expand government power and give a massive weapon to gay activist lawyers to harass employers all over America."

The FRC is one of the main conservative Christian organizations in the area of social policy. 

Kerry Lobel, executive director of the National Gay and Lesbian Task Force stated on 1997-JUN-10:

"The message of ENDA is clear and straightforward. Discrimination is wrong. We look forward to the day when gay, lesbian, bisexual and transgendered people no longer have to fear the loss of their jobs on the basis of their sexual orientation. When that day comes, our society will have taken another step forward in assuring justice and equality for all of its citizens."

On 1997-JUN, ENDA has the support of 34 senators and 146 members of the House. Although it is almost certain to die for the next few times that it is presented to Congress, many political observers feel that its eventual passage is inevitable. Republican leaders have vowed to not bring the bill to the house floor for a vote. There is every indication that the general public is giving increasing support to the concept of equal rights for persons of all sexual orientations.

bullet1999-JUN: 
bulletPresident Clinton asked congress to pass ENDA. 4
bulletThe AFL-CIO strongly urged congress to pass ENDA.
bulletBills were introduced into both the House and Senate on JUN-24: H.R. 2355, was sponsored by Reps. Christopher Shays (R-CT) and Barney Frank (D-MA). S 1276 was sponsored by Senators James Jeffords (R-VT), Ted Kennedy (D-MA), and Joseph Lieberman (D-CT).

None made it into law.

bullet2002-MAR: Senator Ted Kennedy, (D-MA) has re-introduced an Employment Non-Discrimination Act (ENDA). It is bill S1284. The Senate Health, Education, Labor and Pensions Committee held a meeting to review the bill in late 2002-FEB.
bullet2002-MAY: S1284, was approved by the Senate Health, Education, Labor and Pensions Committee on MAY-1. Senate Majority Leader, Tom Daschle, has promised to introduce the bill to the Senate before the end of session this fall.

"With 43 Senate co-sponsors, and poll numbers that suggest that a strong majority of Americans support equal opportunity in the workplace, ENDA is expected to pass the Senate, giving the GLBT community another rare congressional victory."

However, Republicans in the House prevented ENDA and a bill to expand hate crime legislation to include women and homosexuals from proceeding.

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References used in the above essay:

The following information sources were used to prepare and update the above essay. The hyperlinks are not necessarily still active today.

  1. Associated Press, "Shays Brings Back Legislation to Ban Anti-Gay Discrimination", 1997-JUN-10 (PM)
  2. J.E. Rigdon, "Overcoming a Deep-Rooted Reluctance, More Firms Advertise to Gay Community,", Wall Street Journal, 1991-JUL-18, Page 1B
  3. Tom Strode, "Church leaders endorse ENDA; SBC rep decries their defense" at: http://www.erlc.com/
  4. President Clinton's statement at: http://ofcn.org/cyber.serv/
  5. AFL/CIO statemnt and a list of organizations supporting ENDA can be found on National Pride at Work web site at: http://www.igc.org/
  6. The KBHC home page is at: http://www.iglou.com/
  7. Stuart Shepard, "ACLU vs. Kentucky Baptist Homes," at: http://www.family.org/
  8. "Baptist Homes for Children fires lesbian," Kentucky Citizen Digest, 1999-MAR. Available at: http://www.tffky.org/
  9. "Alicia Pedreira: Therapist fired for being lesbian," at: http://gaytoday.badpuppy.com/ 

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Copyright © 1997 to 2007 by Ontario Consultants on Religious Tolerance
Hyperlinks last checked: 2000-MAY-12
Latest update: 2007-MAY-05
Author: B.A. Robinson

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