Today, the House will vote on a watered-down version of the Employment Non- Discrimination Act (ENDA), a bill that “would make it illegal to fire, refuse to hire, or fail to promote employees simply based on sexual orientation.”
The measure enjoys wide public support. According to a recent poll by Hart Research Associates,”60 percent of voters support a federal law to prevent discrimination in the workplace.” During his third debate with Sen. John Kerry (D-MA), even President Bush acknowledged that homosexuals should be respected.
You know, Bob, I don’t know [if homosexuality is a choice]. I just don’t know. I do know that we have a choice to make in America and that is to treat people with tolerance and respect and dignity. It’s important that we do that. And I also know in a free society people, consenting adults can live the way they want to live. And that’s to be honored.
But apparently, the President now believes that businesses are not part of the America that treats “people with tolerance and respect and dignity.” Yesterday, the White House issued a Statement of Administration Policy “making clear that despite the exemption compromise, “senior advisors” will still recommend that President Bush veto the bill.”
H.R.3685 is inconsistent with the right to the free exercise of religion as codified by Congress in the Religious Freedom Restoration Act (RFRA).
Indeed, the Religious Freedom Restoration Act (RFRA) states that “government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.” Yet the law has this exemption:
Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
Ending discrimination in the workplace, regardless of one’s religious convictions, has ample legal precedent. As the ACLU points out, during the last fifty years, “Congress has responded when it found that the merit system was not working, and that some Americans were being denied employment for reasons that were arbitrary and unfair, such as discrimination based on race, religion, gender, national origin, and disability.” Laws aimed at restoring the merit system “have been — and continue to be — an essential part of making the Fourteenth Amendment’s promise of equal protection of the law a reality.”
In its basic structure, ENDA parallels Title VII of the Civil Rights Act of 1964, the law that prohibits employment discrimination based on race, religion, gender, and national origin. It provides the same procedures and remedies that Title VII provides, except that it explicitly excludes any of the affirmative action relief that is sometimes available to address race and gender discrimination.
Moreover, under the President’s reasoning, a business should be able to fire an employee for engaging in an adulterous affair, premarital sex, fathering a child out of wedlock, or any other behavior an employer finds immoral. Pam’s House Blend asks:
What if you worked for a company where the person in charge was athiest and had a deep resentment for people of faith, especially those that expressed that faith, not just by evangelizing on the job, but simply by putting up their favorite prayer or passage in their cubicle. Now imagine that employer firing that person for even the smallest expression of their chosen faith regardless of the fact that the person might be the hardest, and most efficient worker for that company. Wouldn’t that just get your blood boiling?
To protect minorities from becoming targets of workplace discrimination, President Bush must sign ENDA and extend to them the “tolerance and respect and dignity” he promised.