As RWW has been documenting, anti-gay groups have been getting wildly over the top in their denunciations of the federal Employment Non Discrimination Act, which would add to federal anti-discrimination law protections against workplace discrimination based on sexual orientation or gender identity. With a procedural vote in the Senate scheduled as early as Monday evening, anti-LGBT groups are getting increasingly shrill.
On Friday night, the Family Research Council blasted out a breathtakingly dishonest alert charging that under ENDA “employers would be forced to reward workers based on their sexual preferences.” FRC’s Tony Perkins called ENDA a “republic-altering piece of legislation that has the power to fundamentally destroy Americans’ First Amendment rights.”
Through ENDA (which FRC has blocked for a decade), businesses would be ordered to make hiring, firing, and promotion decisions — not based on a person’s qualifications — but on their sexual expression. Homosexuals, cross-dressers, and transgendered workers would automatically qualify for special treatment that other workers would not. Can you imagine walking into your child’s classroom and meeting a teacher dressed in drag? Neither can most Americans. But unfortunately, that’s just one of the many consequences of adopting a law as dangerous as this one. Preschools, daycare centers, summer camps, religious chains like Hobby Lobby or Chick-fil-A — they’ll all be subject to the law, regardless of their personal beliefs and workplace standards.
Also on Friday, the National Organization for Marriage blasted ENDA, calling it “a Trojan horse built to attack the foundational institution of marriage between a man and a woman.”
That’s the same line taken a day earlier by Ryan Anderson, a protégé of Robert George and the Heritage Foundation’s answer to young Americans’ support for LGBT equality. Anderson wrote in National Review online that “ENDA would create special privileges based on sexual orientation and gender identity, backed up by coercive enforcement.” Anderson also says “ENDA would further weaken the marriage culture and the ability of civil society to affirm that marriage is the union of a man and a woman, and that maleness and femaleness are not arbitrary constructs but objective ways of being human.”
Anderson and others call ENDA a threat to religious liberty even though the bill in fact includes a broad exemption for religious organizations, an exemption that is broad enough to raise concerns among some backers of the law. But for Anderson, even that religious liberty exemption is “inadequate and vaguely defined.” He says ENDA would interfere with the rights of business owners to run their businesses the way they want.
That was also the theme of a hyperventilating alert send on Sunday by former military chaplain Gordon Klingenschmitt warning that the Senate was preparing to vote “to punish Christian Business Owners.” He says ENDA will trample religious freedom and “will force Christians into bankruptcy and lawsuits if they refuse to hire homosexuals that oppose their corporate mission.”
In reality, ENDA has broad support in the business community and is backed by large majorities of Republicans, Democrats, and Independents. Not only that, but majorities of all religious groups – including white evangelical Protestants – support laws to protect gay and lesbian people from workplace discrimination. So clearly, ENDA’s opponents do not speak for all Christians, or even all evangelical Christians, most of whom agree that fairness on the job is an American value that is worth upholding in law.
As President Barack Obama notes in an op-ed published in the Huffington Post on Sunday, ENDA is a concrete expression of America’s ideal of equality under the law:
America is at a turning point. We’re not only becoming more accepting and loving as a people, we’re becoming more just as a nation. But we still have a way to go before our laws are equal to our Founding ideals. As I said in my second inaugural address, our nation’s journey toward equality isn’t complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal as well.
In America of all places, people should be judged on the merits: on the contributions they make in their workplaces and communities, and on what Martin Luther King Jr. called “the content of their character.” That’s what ENDA helps us do. When Congress passes it, I will sign it into law, and our nation will be fairer and stronger for generations to come.