Editore"s Note
Tilting at Windmills

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June 30, 2009
By: Hilzoy

ENDA (Again)

A few days ago, Barney Frank introduced HR 2981, a new version of the Employment Non-Discrimination Act, which bans employment discrimination against anyone on the basis of sexual orientation or gender identity. Unlike last time, this bill includes protections for transmen and transwomen. That's the good news.

The bad news is that, according to drjillygirl at Pam's House Blend, not enough Democrats are on board to pass the bill. As of two days ago, 48 Democrats are undecided on ENDA. They are:

Bobby Bright (AL), Parker Griffith (AL), Vic Snyder (AR), Dennis Cardoza (CA), Allen Boyd, (FL), Sanford Bishop (GA), David Scott (GA), Walt Minnick (ID), Bobby Rush (IL), Daniel Lipinksi (IL), Deborah Halvorsen (IL), Jerry Costello (IL), Peter Visclosky (IN), Joe Donnelly (IN), Brad Ellsworth (IN), Ben Chandler (KY), Frank Kratovil (MD), Dutch Ruppersberger (MD), Bart Stupak (MI), Mark Schauer (MI), Travis Childers (MS), Bennie Thompson (MS), Dina Titus (NV), Michael McMahon (NY), Scott Murphy (NY), Paul Tonko (NY), Daniel Maffei (NY), Earl Pomeroy (ND), Dan Boren (OK), Kathleen Dahlkemper (PA), Jason Altmire (PA), Christopher Carney (PA), Paul Kanjorski (PA), John Murtha (PA), John Spratt (SC), Stephanie Herseth Sandlin (SD), Al Green (TX), Solomon Ortiz (TX), Henry Cuellar (TX), Gene Green (TX), Glenn Nye (VA), Bobby Scott (VA), Thomas Perriello (VA), Rick Boucher (VA), Gerald Connolly (VA), Alan Mollohan (WV), Ron Kind (WI), David Obey (WI).

You can find their email addresses here.

This should not be a hard bill to pass. The idea that people should not be able to lose their jobs because they are gay or transgender should not be controversial. For some reason that I do not understand, however, it seems to be.

And it's really, really important. This might be our best shot at getting protection from employment discrimination for a lot of people who need it. It might also be our best shot at getting a bill passed that includes protection for transmen and transwomen. This really matters: my best stab at explaining why is here. Altogether too often, the burden of educating people about trans issues, and advocating for their rights, falls on trans people themselves. As I try to explain in that post, this is not fair. And now is a good time for those of us who are not trans to step up to the plate and explain to our representatives why this matters to us.

It's not 1966 anymore. There is no excuse for the fact that it is still legal to discriminate against people on the basis of sexual orientation or gender identity. If your Representative is still on the fence, let him or her know how you feel.

Hilzoy 2:03 AM Permalink | Trackbacks | Comments (9)
 
Comments

Thank you.

Posted by: Jessica on June 30, 2009 at 2:33 AM | PERMALINK

Rights in our society seem to follow people's comfort levels. Unfortunately, transgender people still make many people really nervous. But maybe the reason that people are so nervous is that they never get to interact with them, since they have been so shunned.

Or maybe I would be surprised about the number of transgendered people I interact with. The only two I can recall off the top of my head was a professor at a social work school, and the night manager of a hotel (who used to visit her mother at the restaurant I worked in).

Right now, I'm in a small city in Argentina and my friends never fail to gleefully point out people who they think are transgendered on the street, and if they talk about them, it only seems to be in the context of prostitution.

Anyway, if anybody would like to post some educational links about transgender issues, I'd like to know more; I wish it didn't make me uncomfortable, but it does. And I'm sure I'm not the only lib who is not up-to-speed on the latest civil rights frontier. Plus, I don't visit the doctor with the Advocate in his office any more.

Posted by: inkadu on June 30, 2009 at 3:51 AM | PERMALINK

I'm willing to be educated, but my perception is that the science is still not complete in terms of determining the extent to which homosexuality and transgender longings are innate vs. chosen. When you compare this to, say, global warming, where the science seems to be much more sound -- and we're still struggling to make enough progress to avoid trashing our planet -- it's no surprise that much of the public is not on board with this.

Posted by: citizen on June 30, 2009 at 8:19 AM | PERMALINK

Well, don't count on any support from Bright(AL). He's a Republican with a D after his name. He voted against the Lilly Ledbetter bill, and Ledbetter was from AL. He's voted with the Repubs on every major bill since he took the oath in January. We're so grateful down here that the national Dem party spent all of that money to get him elected.

Posted by: martin on June 30, 2009 at 8:31 AM | PERMALINK

Henry Cuellar is akin to Bright. However, is there are a common thread here? Black Caucus linking with Reps who are Cathlolics?

Posted by: berttheclock on June 30, 2009 at 8:57 AM | PERMALINK

What level of employment does the bill affect (i.e., is there a minimum level of employees, etc.)?

While I support nondiscrimination generally, you do have to balance this against the fact that employment decisions in private companies are about the employer's right to decide with whom to work.

They might be jerks for hating LGBT folks, but in America, you have the right to be a jerk. It's the flip side of freedom.

Posted by: eadie on June 30, 2009 at 11:02 AM | PERMALINK

To be a jerk may be the 'flip side' of freedom but as long as ANYONE in this country is a little less equal than their fellow man in regard to federal and state laws, then we've failed.

Posted by: SYSPROG on June 30, 2009 at 12:36 PM | PERMALINK

The idea that people should not be able to lose their jobs because they are gay or transgender should not be controversial. For some reason that I do not understand, however, it seems to be.

Eadie had the answer, but perhaps you're saying you don't understand how people can be uptight enough about it to fire them, rather than not understanding the 1st amendment right to freely assemble with non-transgenders only.

That said, no company with such a policy should expect a dime of tax money via contract or grant since transgenders pay into the pool and have a right to their fair share of the benefits.

Discriminating against transgenders, albinos, Irishmen, redheads, hammertoed people, bald men, or wall-eyed is a constitutional right. If we don't think it should be, there's a procedure for that and Congress cannot do it alone with ENDA or any other standard law. The Constitution does not promote good or moral ideas in all circumstances.


Posted by: toowearyforoutrage on June 30, 2009 at 1:21 PM | PERMALINK

We're down to 48 on my list, as we now have Scott (VA), and McMahon (NY). "Drjillygirl" - yeah - remind me to change that user name. It seemed a good idea when I was in grad school, but now I'm kind of regretting it. But don't let that stop you from calling your legislators!

Dr. Jillian T. Weiss
Associate Professor of Law and Society
Ramapo College of New Jersey

Posted by: Dr. Jillian T. Weiss on June 30, 2009 at 2:27 PM | PERMALINK
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