House Committee - H.R. 2015: Employment Non-Discrimination Act (ENDA)

H.R. 2015: Employment Non-Discrimination Act of 2007
To prohibit employment discrimination on the basis of sexual orientation or gender identity.

This bill would prohibit employers from making employment decisions based on an individual’s "actual or perceived sexual orientation or gender identity."

The bill text literally refers to "actual or perceived sexual orientation or gender identity" 15 times, and explains, "The term 'gender identity' means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth."

By lifting the meaning of gender from the realities of biology or physiology, any differentiation between or identification of gender is hereby abolished by this legislation. This would mean the men's restroom or locker room can no longer be restricted to men, and vice versa for women.

ENDA would make it illegal to fire, refuse to hire or refuse to promote an employee based on his or her sexual orientation or "gender identity." Such acts would be considered crimes subject to severe penalties.

Religious Freedom (or the lack thereof):

Section 6 of the bill claims to be an exemption for religious organizations. However, it only exempts "a religious corporation, association, educational institution, or society which has as its primary purpose religious ritual or worship or the teaching or spreading of religious doctrine or belief" (emphases added).

In other words, any parachurch organization would not be exempted, unlike under Title VII of the Civil Rights Act of 1964 which exempts, "a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities" without any specification of purpose.

The "actual or perceived" language, and therefore the danger, of this bill is similar to the hate crimes bill we have described in the past that passed earlier this year.

• Pray that this bill does not pass and does not become law.