The lead sponsor of the
Senate version of an Employment Non-Discrimination Act that
would prohibit bias on the basis of both sexual
orientation and gender identity said the bill could become law
this year.
Oregon senator Jeff
Merkley said that while he has yet to consult with others,
"It's certainly possible that this could be passed by year's
end, though the[congressional] schedule is very
crowded."
"The first step is
to understand how much the views have evolved in the Senate,
and to use that understanding for legislative direction,"
Merkley told
The Advocate.
Merkley said it's also
possible that ENDA could become an amendment to separate
legislation. The Matthew Shepard Hate Crimes Prevention Act,
for example, passed in the Senate this summer as an amendment
to a Department of Defense bill.
The ENDA bill was
introduced earlier today by Senator Merkley, along with Senator
Edward Kennedy of Massachusetts and Maine Republican
senators Olympia Snowe and Susan Collins. There are currently
34 additional cosponsors, according to a Merkley
spokeswoman.
A House version of the
legislation with similar language was introduced in June by
Rep. Barney Frank of Massachusetts. Both bills prohibit
discrimination on the basis of sexual orientation as well
as gender identity -- removal of gender
identity language from the House's 2007 ENDA bill
led to an uproar among many gay and transgender rights
advocates. Though that bill passed the House, the Senate did
not take up any companion legislation.
If passed, ENDA would
prohibit employers from firing an employee or refusing to hire
or promote a person based on sexual orientation or gender
identity. President Obama has said he will sign the
legislation, though the bill's chances of passage are
unclear, especially if it is attached as an
amendment to another piece of legislation.
Merkley said that he
also supports legislative repeal of "don't ask,
don't tell" and the Defense of Marriage Act.
Senator Merkley said he
sponsored the legislation at the behest of Senator Kennedy's
office and consulted with the Human Rights Campaign, the
National Center for Transgender Equality, the National Gay
& Lesbian Task Force, and other groups to craft the
bill's language.
"It was a tremendous
honor for Senator Kennedy to ask me to carry the baton on this
bill," said Merkley, who fought for similar workplace
protections as an Oregon state representative before being
elected to the Senate last year. "No one is considered equal
if they're discriminated against while trying to get a job.
It's absolutely fundamental to our Constitution."
In a statement,
National Center for Transgender Equality executive director
Mara Keisling said the bill "will ensure that protections
against workplace discrimination are extended to all Americans
including the transgender community. There is no reason why
people should lose their livelihood because of who they
are."
Currently, 12 states
and the District of Columbia prohibit workplace discrimination
on the basis of sexual orientation and gender identity, while
eight additional states have laws against discrimination on the
basis of sexual orientation only.
Click here to follow The Advocate on Twitter.
Page 1 of 1