Connect with us

ENDA: 38th Time Is The Charm, They Say!

Published

on

Editor’s note: This guest post is by Scott Wooledge who also writes at Daily Kos under the handle Clarknt67.
Read Scott’s most recent previous post here, “One Of The White House 13 Anti-DADT Protestors, Facing Jail: “Try Me.”

 

The Employment Non-Discrimination Act (ENDA) is being introduced into the House this morning. Press release from Barney Frank’s office:

BARNEY FRANK AND COLLEAGUES TO HOLD PRESS CONFERENCE ON THE EMPLOYMENT NON-DISCRIMATION ACT (ENDA)

WASHINGTON — On Wednesday morning, March 30th, Congressman Barney Frank and other prominent Members of the House of Representatives will make an important announcement about the Employment Non-Discrimination Act.

The legislation would extend federal employment laws, which currently prevent job discrimination on the basis of race, religion, gender, national origin, age, and disability, to also cover sexual orientation and gender identity. The bill applies both to the public and private sectors.

On the night before the event, Frank said that “passing an inclusive ENDA is a difficult but winnable fight – winnable if supported by a serious lobbying effort. The bill we are about to introduce provides an important vehicle for that effort.”

Although some states have passed laws to prevent such discrimination, it is legal in 29 states to discriminate on the basis of sexual orientation, and legal in 38 states to discriminate on the basis of gender identity. According to research by the Williams Institute, there is an ongoing pattern of discrimination on the basis of sexual orientation and gender identity nationwide.

In attendance: Rep. Barney Frank, joined by Rep. George Miller, Rep. Jared Polis and other cosponsors of the legislation. Also present will be representatives of leading LGBT equality, civil rights and social justice organizations.

Well, isn’t that special?

Now, Dear Reader, before you burst out of closet and into the corner office, and treat your Boss to a rousing rendition of “I Am What I Am,” maybe take a moment to peruse the ENDA Timeline Of Broken Promises, provided by GetEqual. Well, maybe more than a moment, it’s really very long and it begins:

March 14, 1974— On the fifth anniversary of the Stonewall Rebellion, Rep. Bella Abzug (D-NY) and Rep. Ed Koch (D-NY) introduce H.R. 14752, dubbed the “gay rights bill” or “Equality Act of 1974,” but it fails to make it out of committee. It proposes that new categories of sex, sexual orientation and marital status be added to the 1964 Civil Rights Act. Abzug’s version bars anti-gay discrimination in public accommodations and housing, but not transgender protections.

Fast-forward over the next 37 years, much changes, employment and gender expression are added, accommodations lost. It’s now 2010, but the song remains the same: “failed to get out of committee.”

This despite a May 2007 Gallup poll, one of many, that showed overwhelming support for the principle of equal job opportunities for lesbian and gay Americans, 89%! Heck, a 2001 Harris poll that showed that 42% of Americans believed such a law already exists.

Look, Congress Critters, I suppose it doesn’t hurt anyone if you want to keep doing these little, queer, dog and pony shows, year after year after year. Toss me my rainbow pom-poms! Yay! Go Gay Rights! But the fact remains, we can’t help you if you insiders won’t tell us; what is the real problem with this frickin’ bill?

Because, we don’t know.
What we do know is you had a golden opportunity to finally pass this bill in 2009 and 2010. And all we got were assurances from Rep. Frank, Speaker Pelosi, Jared Polis, Tammy Baldwin, Joe Solomnese and other so-called insiders that “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming,” and “It’s coming…”

Psst? You know what? It never came. ENDA is the trick from Hell. And it can have its $20 back. We just want a cigarette break now.

Barney? Jared? Joe Solomnese?

We’ve made the calls, wrote the letters. We’ve been doing it for years. We’ve talked our family and friends’ ears off. We’ve talked strangers’ ears off, some of us for 37 years. The voters are there. We’ve turned the public opinion overwhelmingly to the side of equality. That’s right! They’re there! America’s on board with the idea. And we’ve even taken to making a nuisance of ourselves to make you guys take a vote on it.

Gay activists shut down traffic in Las Vegas, July 2010, calling on Congress to pass ENDA.

 

Now, you tell us. What more do you need from us?

I’m stumped. I’m not the only one. White House correspondent, and Equality Matters principle and LGBT politico extraordinaire Kerry Eleveld wrote just last month:

Second, although I have asked a good number of questions about ENDA and its prospects for a vote, I still can’t tell you why it never happened. Meanwhile, I can recall with decent clarity nearly every twist and turn of the battle to pass “don’t ask, don’t tell” (DADT) repeal. This is not due to a bias on my part, but is rather indicative of the fact that no one seemed willing to talk with any specificity about what was or wasn’t happening with ENDA.

Because, I have to be frank with you, Frank. When you say you the bill is “winnable if supported by a serious lobbying effort,” a couple things go through my mind. One, you guys can’t get a bill passed that consistently polls in the 80%? Why are we sending you guys to DC?

And it’s really hard to get ourselves pumped up year after year to work for a bill, when it really doesn’t seem like anyone in charge is serious about actually passing it. Democrats’ well of credibility has run dry on this issue. Yours in particular, Rep. Frank.

Particularly when you yourself spoke just six months ago to our community on the prospect of LGBT legislation passing in Congress under the Republican-controlled House:

“Next year there’s no chance of anything happening,” he said of pro-LGBT legislation. “There’s zero chance.”

It was the one time I wasn’t skeptical of you. Now you’re telling us to lobby hard? Maybe you should think about giving the ground troops a year off so you guys in DC can regroup and come up with a serious strategy for actually getting this bill passed. And let us know what you come up with, because this isn’t working.


For more ENDA news, see also The Bilerico Project. Tico Almeida served as the lead counsel on the proposed Employment Non-Discrimination Act (ENDA) in the U.S. House of Representatives. He has some interesting history, insights and strategy suggestions there.

There's a reason 10,000 people subscribe to NCRM. You can get the news before it breaks just by subscribing, plus you can learn something new every day.
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Trump Envoy Invites Kids in Greenland to Come to America for Chocolate Chip Cookies

Published

on

President Donald Trump’s Special Envoy to Greenland, Louisiana Republican Governor Jeff Landry, touched down in Nuuk on Sunday, saying he arrived “simply to build relationships,” and to “see if there are opportunities” to expand them.

The U.S. Ambassador to Denmark, Ken Howery, arrived on Monday to take part in this week’s Future Greenland 2026 conference. Landry is also expected to attend.

President Donald Trump has suggested the U.S. should take over Greenland. The New York Times reports that negotiators from the U.S., Greenland, and Denmark, have been in talks about Greenland’s future. Greenland and Denmark have been adamant that the U.S. cannot acquire Greenland.

The vast majority of Greenlanders, who are part of the Kingdom of Denmark, have said they do not want to be acquired by the United States. Denmark has also stated Greenland’s future is not up for negotiation, and several European leaders have stressed that the United States cannot interfere with Greenland — with at least one, Danish Prime Minister Mette Frederiksen, warning that if Trump were to engage in a military incursion it would mean the end of NATO.

“I would like to make a deal,” Trump told reporters in January.

“You know, the easy way, but if we don’t do it the easy way we’re gonna do it the hard way,” the president said.

In March, Danish public broadcaster DR, via a Google translation, reported that Trump’s remarks, when he threatened that the U.S. could acquire Greenland the easy way or the hard way, had accelerated the governments’ plans.

Denmark had formed an alliance with France, Germany, Norway, and Sweden, flew heavily armed Danish F-35 fighter jets and troops to Greenland with bombs to blow up its own runways if necessary to prevent U.S. aircraft from landing, and prepared for casualties by flying bags of blood to the autonomous territory of roughly 56,000 residents.

On Monday, according to video posted by Orla Joelsen, a native Greenlander and a prison official in Nuuk, the GOP governor spoke with some local children.

“If you come to Louisiana,” Governor Landry says in the video, “and you come to the governor’s mansion — all the chocolate chip cookies you can eat.”

 

Image via Shutterstock

 

Continue Reading

News

Trump Obsessed With Self-Enrichment as ‘Little Man’ Pays the Price: Columnist

Published

on

President Donald Trump remains “obsessively focused” on “personal glory and enrichment” — ignoring the economic suffering of the working people he last week dismissed as the “little man,” Jeet Heer writes in The Nation.

“Donald Trump is annoyed that he can’t celebrate the massive profits oil companies are making due to the war he launched in the Middle East,” writes Heer, The Nation’s national affairs correspondent. Trump would be “exulting in the hundreds of billions of dollars produced by skyrocketing oil prices—if it weren’t for the pesky fact that it comes at the expense of ordinary Americans.”

Americans are paying roughly 40 percent more at the gas pump than they did before Trump started his war in Iran three months ago, Heer notes. But in an interview with Fox News’ Sean Hannity last week, Trump said, “I don’t want to say we’re making a fortune, you understand that? Because if I say that, they’re going to say ‘oh, he forgets about the little man with the $4 gasoline.’”

Meanwhile, Republicans’ response “to the harm caused by Trump’s policies” is not to change course “or even to appear sympathetic about their effects,” but rather, “to express their total indifference to the suffering of the American people.”

Heer looks at a Bloomberg report from last week that revealed Trump or his financial advisors made over 3,700 trades during the first quarter of this year, “a flurry totaling tens of millions of dollars and involving major companies that have dealings with his administration.”

Trump won the White House — twice — by promoting a message of economic populism, but that has gone by the wayside. Heer writes: “allowing Trump to steal the rhetoric of economic populism” was one of “the most catastrophic mistakes” Democrats have made in the last decade.

Now, Trump is making the same messaging error Biden did — an error that cost Democrats the White House in 2024. But that error opens the door for Democrats to “reclaim economic populism” as their own message.

Citing the “apocryphal words misattributed to the French Queen Marie Antoinette: ‘Let them eat cake,’” Heer writes that Trump said: “I don’t think about Americans’ financial situation. I don’t think about anybody. I think about one thing: We cannot let Iran have a nuclear weapon. That’s all.”

 

Image via Reuters 

Continue Reading

News

Why Even the MAGA Far Right Has Turned on Neil Gorsuch: Political Scientist

Published

on

U.S. Supreme Court Justice Neil Gorsuch’s book tour was met with staunch criticism by the far-right, but underneath the anger, political scientist Daniel Ruggles writes, was a critical revelation: the conservative movement is split between hard-right MAGA nativists and mainstream constitutionalists.

Writing at The Bulwark, Ruggles notes that at his core, Justice Gorsuch — like all conservatives to varying degrees on the Roberts Supreme Court, is an originalist: he believes the constitution should be interpreted as it was understood when written.

But the MAGA hard right has not embraced originalism, and, Ruggles writes, “originalism’s slow seep into both conservative and mainstream constitutional law will not be easily undone.”

“Fundamentally, originalists accept the democratic constraints of the Constitution and believe them to be a core component of America’s political tradition,” Ruggles writes. “Postliberals and their nativist fellow travelers” — MAGA, for example — “have begun to reimagine the American state without any such constitutional guardrails.”

Gorsuch’s book tour enraged MAGA because he kept focusing on “creed.”

“The United States is a ‘creedal’ nation—that is, a nation unified by common belief in rights, liberties, and democratic institutions,” Ruggles writes.

Gorsuch explained that Americans share a “heritage,” but, Ruggles said, “it’s one of ideals, not ethnicity. Being an American requires not lineage, but belief.”

“It was a gentle rebuke of nationalism—and it drove the hard right nuts,” Ruggles wrote.

Ruggles added that the “clash over an American ‘creed’ portends something dark as well, to the degree it shows deep tensions between the extremist, illiberal right and its originalist predecessors.”

The MAGA hard right is rising, and has sought “key privileges in the Trump presidency,” Ruggles explains, while originalists have a “critical institutional advantage on the bench of the Supreme Court and other courts” that insulates them from MAGA’s populism.

“Who wins this battle,” Ruggles warns, “will fundamentally redefine America.”

 

Image via Reuters 

 

Continue Reading

Trending

Copyright © 2026 AlterNet Media.