[Update: As of 10/1 there are apparently reliable reports that Pelosi and Frank have reversed course and agreed to delay the "mark up" of ENDA until later this month in response to activists' demands, and presumably to mark up a bill with transgender inclusion. It's also likely that, good vote counters that they are, they expect that a T-inclusive ENDA will likely fail, in which case it will be up to the activists to decide whether to try again with a T-less variation (and I'm guessing the activists are so wedded to T-inclusion that the answer will be no). I'd also bet that the overwhelming majority of lesbigays would be fine with a T-less ENDA, but it's not like anyone cares.]
Original post: Looks like congressional Democrats, following the lead of openly gay Massachusetts Rep. Barney Frank, are moving forward with two versions of the Employee Non-Discrimination Act (ENDA): One for LGBs (lesbians, gays and bisexuals ) and one for Ts (transgenders). The Democratic leadership, however, is "marking up" the LGB version and pushing it forward, leaving the T bill in legislative limbo.
I'm ENDA neutral. Gay libertarians are firmly against it, opposing all laws telling employers who they can or can't hire, fire or promote. I see ENDA as less intrusive than other anti-discrimination measures-i.e., no assumed "disproportionate impact" requirement that hiring reflect regional racial/ethnic breakdowns (leading to race-based preferences), or that drug addicts be kept on the payroll because they have a disability. ENDA would probably criminalize any official statements that gays won't be hired (with perhaps an exemption for religious groups), but it's rather easy just to not state why someone is or isn't offered a job or promotion. ENDA advocates wildly overstate what it will accomplish.
Planet Out reports that:
Leaders of 12 LGBT rights groups issued a statement Thursday opposing any effort to remove transgender protections from the latest iteration of the 33-year drive to add gay men and lesbians to federal anti-discrimination law....
Signatories included leaders of PFLAG, the National Gay and Lesbian Task Force, the National Stonewall Democrats, Lambda Legal, Gay and Lesbian Advocates and Defenders, and the AFL-CIO's Pride at Work, among other groups...
The likelihood that activists such as the NGLTF and maybe even the HRC (see below) might oppose a "non-inclusive" ENDA would certainly be a political spectacle (read: meltdown). Already, Pride at Work announced it will picket when Pelosi speaks at the HRC's upcoming National Dinner. But since it's likely that Bush would veto ENDA anyway (with Ts in or out), it may all be sound and fury-and fundraising-anyway.
The HRC is asking for feedback on what it should do about ENDA, but there's no doubt that it's committed all-out to passing the federal hate crimes bill (the group, you see, is against hate crimes except if committed by black thugs against a straight white teenager, and then it favors letting the bashers go free).
On hate crimes laws, I'm with the libertarians in opposing measures that criminalize intent [added: animus is a better word here; punish the crime and the degree of planning that went into it, not accompanying "thought crimes"] and so don't favor the bill that congressional Democrats have attached to an Iraqi funding act (which Bush, who is against bringing the federal government further into local hate crimes prosecutions, may or may not sign). But the religious right's scare-mongering over this bill is also way overblown-I don't expect anti-gay sermons to be criminalized anytime soon, at least I hope not, for the sake of all our freedoms.
Relatedly, some gay activists are targeting one of the good-guy Republicans, New Hampshire 's Sen. John Sununu, a libertarian-leaning small-government conservative who stood up to his party and opposed the federal marriage amendment. That's a sorry development.
Because Sununu opposes ENDA and the hate crimes bill, he's been labeled "anti-gay." But his opposition to these measures (a view shared with gay libertarians) derives from his belief that there are constitutional limits on the role of the federal government, not from anti-gay animus. And despite what liberal (albeit supposedly nonpartisan) activists may think, having at least some GOP senators who vote no on anti-gay marriage amendments is a positive thing.
Larry Craig Watch. Via Opus.