Discrimination vs. discriminatory anti-discrimination
The perennial Employment Non-Discrimination Act, which would add sexual orientation, gender and disability to existing U.S. non-discrimination law, has yet to clear Congressional hurdles, despite ever-increasing support. While the bill adds three new categories, it's clear that the stumbling block for conservatives isn't exactly tied to the gender or disability provisions.
During the federal fight for ENDA, 25 states and 258 local entities have enacted their own non-discrimination statutes - a list that includes some traditionally conservative locales - showing that support for this type of legislation is certainly growing. This week, however, the National Gay and Lesbian Task Force raised the bar. Lyrically invoking R.E.M., they declared that "ENDA as we've known it must die," and are recommending that the next iteration of ENDA include protections for the transgendered community as well.
Discrimination in any form goes against American ideals of equal protection under the law. Activists and legislators alike, however, are acutely aware of the gap between ideals and political realities. If Congress isn't yet ready to embrace the idea that gays and lesbians shouldn't be fired simply for being gay or lesbian, it's unlikely that they'll accept the addition of a transgendered category without some reflexive reaction. That reaction will further delay protections for anyone discriminated against based on their gender, disability or sexual orientation; the Human Rights Campaign agrees.
The NGLTF is certainly acting in good faith to address the concerns of their transgendered members. Considering the increasing inevitability of ENDA passing in its current form, however, it would come at the continued expense of individuals facing discrimination for their orientation, disability or gender.
During the federal fight for ENDA, 25 states and 258 local entities have enacted their own non-discrimination statutes - a list that includes some traditionally conservative locales - showing that support for this type of legislation is certainly growing. This week, however, the National Gay and Lesbian Task Force raised the bar. Lyrically invoking R.E.M., they declared that "ENDA as we've known it must die," and are recommending that the next iteration of ENDA include protections for the transgendered community as well.
Discrimination in any form goes against American ideals of equal protection under the law. Activists and legislators alike, however, are acutely aware of the gap between ideals and political realities. If Congress isn't yet ready to embrace the idea that gays and lesbians shouldn't be fired simply for being gay or lesbian, it's unlikely that they'll accept the addition of a transgendered category without some reflexive reaction. That reaction will further delay protections for anyone discriminated against based on their gender, disability or sexual orientation; the Human Rights Campaign agrees.
The NGLTF is certainly acting in good faith to address the concerns of their transgendered members. Considering the increasing inevitability of ENDA passing in its current form, however, it would come at the continued expense of individuals facing discrimination for their orientation, disability or gender.
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