S 1584, the Senate Version of ENDA - What's the Math?

Yesterday, as reported here, the Employment Non-Discrimination Act, S 1584, was introduced into the U.S. Senate by Oregon Senator Jeff Merkley, along with three other co-sponsors, two of them Republicans.

It has been widely noted in press releases that it's the first time ENDA has been introduced in the Senate, though it has been in the House in many forms on and off since 1974. This is significant not only for its historic nature, but it also signals that the real battles on this legislation are to be found in the Senate. After all, as I pointed out last month, the U.S. Senate is the only spot on earth where a majority of 100 is not 50, but 60.

After adding in all the co-sponsors of S 1584, there are 44 Senators with confirmed yes votes, as you can see on the Facebook Inclusive ENDA Senate spreadsheet. Another 16 votes must be found before S 1584 can be passed.

16 votes doesn't sound like a lot, but it's a big chunk of the Senate. Some Senators will require a lot of persuading, like someplace very hot freezing over or certain oinking mammals sprouting wings and flying.

If your Senators are unconfirmed, you should be on the phone right now, asking them to co-sponsor S 1584. Click here for a list of the unconfirmed Senators with contact info.

Meghan Stabler | August 6, 2009 12:05 PM
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Jillian, this is an awesome list and it's amazing to see just how close we really are to getting this bill passed into law.

It's worth remembering, however, that Robert Byrd is a former KKK member and was one of only three Democrats who voted in favor of a Federal Marriage Amendment. I'm not sure how Byrd's record suggests support for LGBT rights. In fact, what I've read of it suggests precisely the opposite.

Rebecca Juro | August 6, 2009 12:46 PM
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Jilian - I received this response from Senator Tester:

Dear Roberta:

Thank you for taking the time to contact me with your concerns about the Employment Non-Discrimination Act (ENDA). I appreciate your insight and perspective on these important issues facing our nation. Your input is a critical part of making sure that the laws we pass in the Senate reflect Montana priorities.

I support this act because discrimination based on someone's race, religion, or sexual orientation is especially disturbing. As you know, the ENDA would make it illegal for an employer or labor organization to fire, refuse to employ, or promote an employee based on their sexual orientation or gender identity. Such acts would be considered employment discrimination and therefore subject to severe penalties.

Our country was founded by people seeking religious freedom and I respect the right of every citizen to express their religious views, no matter what religion they may practice. That being said, I also strongly believe in the necessity of separating church and state. Therefore, it is important to note that there is an exception to the ENDA for religious organizations, associations, educational institutions, or societies, allowing them to require that applicants and employees conform to religious tenets declared significant by their organization.

I hope that you will contact me again in the future with your thoughts or if I can be of further assistance.

Sincerely,

Jon Tester
United States Senator

Senator Baucus did not say no, but, was far less encouraging.

Bobbie | August 7, 2009 11:58 AM
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Thanks, Bobbie, I'll update the spreadsheet at http://bit.ly/14TDll.

Dr. Jillian T. Weiss | August 7, 2009 12:20 PM
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Bobbie,

That is great news from Sen Tester! As far as Baucus is concerned, you might want to remind him about the Democratic Party Platform which includes "gender identity" as well as the news that the DNC itself will be codifying "gender identity or expression" in their by-laws as part of their non-discrimination policy.

Framing the question to them in such a manner may help some of these cowboys actually develop some gonads re LGB and T issues.