Background Information
ENDA HistoryU.S. congress in the mid 1970s under a different name and with broader implications. The bill was to provide gay and lesbian people with the same protections that the Civil Rights Act had done for African-Americans, women and other minorities. Unfortunately the bill did not have sufficient support and did not make it to the Senate or House floor.
In 1994, a stripped-down version of the bill was introduced to Congress. This version guaranteed only freedom from discrimination in employment. It was called the Employment Non-Discrimination Act or ENDA, and was widely viewed as a bill supported only by liberals in the Democratic Party. During the 1994 General Assembly the Unitarian Universalist Association passed a Resolution of Immediate Witness in support of the 1994 Employment Non-Discrimination Act. Unfortunately, this ENDA failed in Congress.
In 1995, Rep. Gerry Studds (D-MA) introduced H.R.1863. This bill included added provisions that excluded religious organizations from complying and specifically stated that benefits need not be given to the employees’ same sex partner.
When the Defense of Marriage Act (the anti-gay marriage bill, which would limit the definition of marriage to a man and a woman) was considered by the Senate, a bipartisan coalition attempted to attach the ENDA bill, as an amendment. Republican leaders compromised by separating the two bills and allowing ENDA to be brought forward for a separate vote. It was reintroduced in 1996 with the backing of the House and Senate Democratic minority leaders. This time, it achieved a Senate vote; but was narrowly defeated 49 to 50. The 1996 ENDA stated that affirmative action would not be applied, the military and religious organizations would be exempt, as would employers with fewer than 15 employees.
The bill was reintroduced by Rep. Barney Frank (D-MA) in April 2007. For the first time, the bill included gender identity protections which would protect transgender people as well as gays and lesbians. In response, the Unitarian Universalist Association passed an Action of Immediate Witness at General Assembly 2007 in support of ENDA with full transgender inclusion. Support within Congress started off strong yet in September 2007 Rep. Barney Frank (D-MA) introduced a second bill H.R. 3685 which stripped the bill of its gender identity protections. The Unitarian Universalist Association (UUA) joined over 350 Bisexual, Gay, Lesbian, and Transgender (BGLT) organizations in opposing passage of a bill without full transgender inclusion. In an effort to mend this oversight, Rep. Tammy Baldwin (D-WI) said she would introduce an amendment that would restore the bill to its original form. However, support for transgender inclusion alone was not nearly as strong as support for the entire bill. On November 7, 2007, the House passed ENDA without transgender inclusion with a vote of 235-184. The Senate is not likely to consider ENDA this congressional year and if it does it is the President has threatened to veto. While it is a disappointment that the bill did not include transgender people there is still great work being done to create an inclusive bill that can be introduced and implemented in 2009.
The work for ENDA is far from finished. The ENDA coalition, made up of a variety of civil rights groups and BGLT groups has worked tirelessly to pass an inclusive bill. The Unitarian Universalist Association of Congregations has worked within the coalition with the American Civil Liberties Union, National Center for Transgender Equality, Leadership Council for Civil Rights, National Council of Jewish Women, Human Rights Campaign, People for the American Way and the National Gay and Lesbian Taskforce. Not all members of the coalition took an oppositional stance against a non-inclusive bill, but all groups vowed to continue work on creating a transgender inclusive bill in the future. The UUA will continue to support the transgender community in achieving important civil rights legislation that is vital for the future of our nation.
Between and Beyond: common questions about transgender identity
A document from the Unitarian Universalist Association's Office of Bisexual, Gay, Lesbian, and Transgender Concerns (OBGLTC). While our culture tends to limit its understanding of gender to man and woman, the OBGLTC believes there are more than two genders, and uses the word transgender as an umbrella term to describe the following people: crossdressers/transvestites, third gender people, transsexuals, intersexuals and any self-identified transgender people. The Employment Non-Discrimination Act aims to curb discrimination against transgender people by prohibiting discrimination based on gender identity.
Last updated on Friday, April 18, 2008.
