Monday night, the Senate passed the Employment Non-Discrimination Act (ENDA), which makes it illegal for an employer to fire or not hire someone due to his or her sexual orientation and/or gender identity. The passage of ENDA marks a significant milestone for the LGBT equality movement. Nevertheless, the Heritage Foundation’s Ryan Anderson and many other conservatives feel differently. Anderson stated ENDA is “bad policy” because “ENDA would create special privileges based on sexual orientation and gender identity.” ENDA ensures that as many as two-thirds of LGBT individuals do not face employment discrimination in their respective workplaces and that the third of men earn less than their similarly qualified heterosexual male counterparts earn the same. Ensuring all people are rewarded for their hard work rather than exogenous factors is by no means a ‘special privilege.’ Anderson complains that ENDA would “impinge Americans’ right to run their businesses the way they choose,” but Anderson forgets that the 14th Amendment guarantees equal protection under the law. Surely, ensuring LGBT folks are treated the same as their heterosexual counterparts supercede the rights of businesses.
88 percent of Fortune 500 companies prohibit discrimination based on sexual orientation, but only a quarter have the same for gender identity. 88 percent of Fortune 500 does not include the tens of thousands of the many small businesses that do not extend these same rights to their workers. No person, no matter where they work, should have to live with the fear of being fired or harassed because their employer disapproves of how they choose to live their personal lives. ENDA provides a guarantee this will not happen. One of Anderson’s erroneous remarks is that ENDA would discourage job creation. ENDA would actually increase job creation and productivity. An American Civil Liberties Union report found that passing ENDA would increase business output by $1.4 billion per year due to creating less hostile work environments for LGBT workers.
The true reason organizations like Heritage do not support ENDA is because they see this legislation as destroying the “traditional values’” they hold so dear. Just because the values of someone else are not theirs, does not make that person’s values unworthy. While the Senate passage presents a significant achievement, unfortunately, House Republicans will continue to be the least functioning Congress ever by not allowing a vote on ENDA. Wisconsin was the first state to pass a fair employment act, which banned discrimination based on sexual orientation. This legislation was passed in 1982 with Republican Governor Lee Dreyfus, signing the bill. Dreyfus comment on passing the legislation should resonate with House Republicans and the likes of Anderson who oppose the legislation, “It is a fundamental tenet of the Republican Party that government ought not intrude in the private lives of individuals where no state purpose is served, and there is nothing more private or intimate than who you live with and who you love.” ENDA should have an opportunity to stand its ground in the House.
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