House Democrats attempt to force vote on ENDA
House Democrats are moving forward with an attempt to force a vote on a version of the Employment Non-Discrimination Act with a narrowed religious exemption.
The lead sponsor of the LGBT nondiscrimination bill in the House of Representatives, Rep. Jared Polis (D-Colo.), filed a discharge petition on the bill Wednesday. ENDA supporters will need to garner 218 signatures in order to bypass Republican leadership and bring a vote on the bill.
Two months before the midterm elections in November, the petition is not expected to garner the necessary signatures, but mirrors attempts by House Democrats to also bring a vote on immigration reform.
The filing by Polis would amend the version of ENDA approved by the Senate in November by eliminating the bill’s religious exemption, which has been key to securing Republican support.
According to the proposed amendment:
This Act shall not change the requirements of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), pursuant to section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e-1(a), 2000e-2(e)(2)), applicable to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such organizations are not exempt from the requirements of this Act to refrain from discrimination based on sexual orientation or gender identity, in the same manner as is required with respect to discrimination based on race, color, sex and national origin under such title.’.
It is unclear how narrowing ENDA’s religious exemption could impact Republican support for the bill. Currently, eight House Republicans are cosponsors of the version of ENDA approved by the Senate last November. The Senate approved that bill with the support of 10 Republicans — the most Senate Republicans to ever vote for a piece of LGBT-rights legislation — in part due to the religious exemption. When the religious exemption was adopted with a 402-25 vote in 2007 as an amendment in the House proposed by Rep. George Miller (D-Calif.), it received the backing of not only Democrats like Nancy Pelosi, Barney Frank and Tammy Baldwin, but Republicans like John Boehner, Eric Cantor and Paul Ryan. Sen. Orrin Hatch (R-Utah) specifically cited the religious exemption when he became one of three Republicans on the Senate Health, Education, Labor & Pensions Committee to vote in favor of ENDA last July.
The move by the out Colorado Democrat comes as several LGBT-rights groups have pulled their support for ENDA over the bill’s religious exemption in recent months. With the likelihood of a discharge petition succeeding slim at best, the move instead sets the stage for the version of ENDA — or some other LGBT nondiscrimination bill — that will be introduced next year, likely without a religious exemption.
“Based on my hundreds of ENDA lobby meetings with every single undecided Member’s office in the House, including 100 percent of the Republican offices, I believe the new and more liberal religious language would cost ENDA around 50 fewer votes in the House and 20 fewer votes in the Senate,” said Christian Berle, the legislative director of Freedom to Work, in a statement. “The new language would likely lose all ten of the Republican Senators who voted for ENDA last year, and we’d probably lose significant numbers of Democrats along the lines of Senators Joe Manchin, Bill Nelson, Angus King, Kay Hagen, Mark Pryor, and Mary Landrieu.”
House Democrats are expected to hold a press conference Wednesday afternoon to formally announce the discharge petition.
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