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On Sept. 27, with no consultation with the community, members of Congress announced that they had decided to rush a new version of the Employment Non-Discrimination Act (ENDA) that does not include gender identity to a vote in the House of Representatives. The inclusive bill is HR 2015, and the non trans-inclusive version is HR 3685.
This would not only deny protections to transgender people, but also fail to protect lesbian, gay and bisexual people who do not conform to other people’s expectations (such as “effeminate” men and “masculine” women).
After an unprecedented outpouring of anger and frustration from the lesbian, gay, bisexual and transgender (LGBT) community — including a statement signed by more than 350 leading organizations who oppose this strategy — House leadership announced on Oct. 1 it was postponing action for a short period of time. However, on Thursday, Oct. 18, the House Education and Labor Committee nonetheless approved the sexual orientation-only bill.
Rep. Tammy Baldwin (D-Wis.) has proposed an amendment to this bill that will add the gender identity provisions back into it. While our preferred strategy would be to only advance the fully inclusive ENDA in the first place, we recognize Rep. Baldwin’s effort as our last best chance to get these protections back into ENDA. Her amendment will be considered on the House floor the week of Oct. 22.
That gives us a short window of time for all of us to get Congress moving again on an inclusive ENDA, not leave any part of our community behind and stop the non-inclusive bill. It is critical that your representative hear from you, saying that you expect him or her to: support the Baldwin amendment that would repair ENDA so that it protects all LGBT people..
Please e-mail your U.S. representative now.
Call your representative now — Use these talking points.
Here are other action steps you can take.
History
Since 1974, when the Task Force, Inc., worked with U.S. Rep. Bella Abzug of New York to introduce the first “gay rights” bill, the Task Force, Inc. has been working for federal nondiscrimination protections for our community. Learn more about the Task Force’s long and proud history of fighting for federal nondiscrimination protections and view our timeline. If you’ve been discriminated against, share your story.
In 1994, the comprehensive bill was whittled down to cover employment only, as many thought that was where we had the most support. ENDA was defeated in the Senate by one vote and has never been acted upon in the House. Over the last few years, our community has built support for a fully-inclusive ENDA — meaning one that covers both sexual orientation and gender identity discrimination — and that was the bill we have all been pushing this year.
What ENDA Would Do
ENDA would extend fair employment practices under federal law to the LGBT community. Based on the principle that all workers should be judged solely on their merits (similar to other civil rights laws), ENDA’s procedures and remedies are based on those of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. The bill does not apply to military employment, small employers and does not require employers to provide domestic partner benefits. For a legal analysis of why this bill is bad for the entire community prepared by Lambda Legal click here.
Lobby Your Member of Congress Now!
Spread the word. Now is the time to take a stand.
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