Elections on Nov. 2 turned over control of the U.S. House of Representatives to the Republican Party. That means tougher passage for legislation supporting gay and lesbian rights, such as the Employment Non-Discrimination Act, called ENDA.
Gay rights supporters have been trying to pass such a law passed for more than a decade. Broadly speaking, it would make it illegal to fire, refuse to hire or refuse to promote an employee based on the employee's sexual orientation or gender identity. Obama supported it during his campaign. Rep. Barney Frank, D-Mass., introduced a bill in June 2009 that won 203 co-sponsors (197 Democrats and six Republicans). The bill was referred to committee, but never came up for a vote on the House floor.
On the day after the election, Obama spoke optimistically about passing a repeal of "Don't Ask, Don't Tell," the policy that prevents gays and lesbians from serving openly in the military. Obama said he hoped it would be able to pass during the lame duck session of Congress, before a new group of legislators take their seats in 2011.
But there's little optimism among gay advocacy groups that other legislation would pass during the lame duck session, which means bills like ENDA wil face higher hurdles to passage during the next session of Congress, when Republicans will control the U.S. House of Representatives.
"The shift in the balance of power will be a very real challenge to advancement of lesbian, gay, bisexual and transgender (LGBT) rights legislation in Congress," said Inga Sarda-Sorensen, communications director with the National Gay and Lesbian Task Force. "Despite that, we will continue to identify and work with fair-minded members of Congress who are willing to support and defend equality for LGBT people."
To be clear, we're not saying it's impossible for the Employment Non-Discrimination Act to pass a Republican House. But even the bill's advocates acknowledge that it will be more difficult. And for that reason, we move this promise Stalled.
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← Back to Expand the Employment Non-Discrimination Act to include sexual orientation and gender identity
Ending employment discrimination for gays and lesbians will have to clear a Republican House
Our Sources
The White House, Press conference by the president, Nov. 3, 2010
The Human Rights Campaign, 2010 Post Election Analysis
Thomas, the Employment Non-Discrimination Act, accessed Nov. 4, 2010
E-mail interview with Michael Cole, spokesperson for the Human Rights Campaign
E-mail interview with Inga Sarda-Sorensen, communications director, National Gay and Lesbian Task Force