Full Committee Hearing 10:00 AM, September 23, 2009 2175 Rayburn H.O.B Washington, DC U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today announced that on Wednesday, September 23, he will hold the first full committee hearing in the House of Representatives on legislation to prohibit employers from discriminating against employees on the basis of sexual orientation or gender identity.
The Employment Non-Discrimination Act (H.R. 3017), introduced by Rep. Barney Frank (D-MA), would prohibit employment discrimination, preferential treatment, and retaliation on the basis of sexual orientation or gender identity by employers with 15 or more employees. Currently, it is legal to discriminate in the workplace based on sexual orientation in 29 states and in 38 states based on gender identity. Witnesses:
- U.S. Rep. Tammy Baldwin (D-WI)
- U.S. Rep. Barney Frank (D-MA)
- Hon. Stuart J. Ishimaru
Acting Chairman
U.S. Equal Employment Opportunity Commission- William Eskridge
John A. Garver Professor of Jurisprudence
Yale Law School- Vandy Beth Glenn
fired from her Georgia state legislative job when she told her supervisor she was transitioning from male to female- Camille Olson
Partner
Seyfarth Shaw LLP
- Craig Parshall (fundie; see video inset)
Senior Vice President and General Counsel
National Religious Broadcasters Association- Rabbi David Saperstein
Director The Religious Action Center- Brad Sears
Executive Director- Williams Institute
UCLA School of LawAdditional witnesses TBA
In the video, they discuss: "Why the fight over the definition of marriage in California could affect the laws in all 50 states. How newly elected government leaders could drastically change our religious liberties. How new leaders could institute new hate crime laws that could make it a criminal offense to teach or practice certain biblical principles. How government regulations and investigations of Christian ministries could drastically increase as a result of newly elected leaders." Also, here's more info about Craig Parshall from another interview…
What makes you feel passionate about Constitutional law? What is at stake?
I don’t believe we derive our most fundamental rights from government— instead, I am convinced that the source of real freedom is from God. The role of government is to recognize, and protect, those rights in practical ways. The Bill of Rights is not just an abstract statement of philosophy—it is a pragmatic way to insure that our political system operates in a way that is consistent with God’s design. For example, the 4th Amendment protects our homes from unlawful searches and seizures. It is not designed to hide criminals, but to reinforce the sanctity of our homes—and by extension, our families, from arbitrary government intrusion. The 1st Amendment guarantee of freedom of religion has a human face. When I recall former clients who lost jobs, suffered a loss of liberty—sometimes even wrongful arrest and jail time— because they were obedient to the gospel, I realize how incredibly important these issues really are.
Do you believe Christianity is on trial today and if so, why?I think Christianity is on trial in two ways—neither of them very new historically. I believe that there is strong opposition to Christian principles when they are articulated and practiced in the marketplace of ideas. Many of these attacks are subtle, but persistent. The second area in which Christianity is on trial presents us with a tremendous opportunity. The world is always wondering if the claims of Jesus Christ are true—did the Resurrection really happen, whether Scripture contains accounts that are historically reliable. Beyond that, people really wonder, deep in their souls, whether there is a God who exists, who knows them, and who cares about them. The gospel of Jesus Christ has an answer to anybody who is truly searching.
Fact SheetThe Employment Non-Discrimination Act
WHAT THE BILL DOES
- Federal employment laws currently prevent job discrimination on the basis of race, religion, gender, national origin, age and disability. ENDA would extend this to cover sexual orientation and gender identity, covering all LGBT Americans.
- Although some states have laws to prevent such discrimination, in 29 states it is legal to discriminate on the basis of sexual orientation and in 38 states it is legal to discriminate on the basis of gender identity.
- The bill covers both the public and private sectors.
- The bill has more than 170 cosponsors, including Democrats and Republicans. The current list of original cosponsors will be available after the press conference.
WHAT THE BILL DOES NOT DO
- The legislation does not afford “special rights” to any group.
- The legislation specifically prohibits preferential treatment on the basis of quotas.
- The legislation does not apply to members of the Armed Services, veterans’ service groups, and religious organizations.
- The legislation does not require employers to provide benefits to domestic partners.
- The legislation does not apply to organizations with less than 15 employees.
- The legislation does not prevent businesses from enforcing dress codes




What makes you feel passionate about Constitutional law? What is at stake?
20 Comments


I don’t get it.What does religion have to do with a law concerning Non-Discrimination in the workplace?
I don’t see where religion is germane, in any way, shape, or form to this discussion.
Am I missing something?
Or is this another case of “God is in the Mix”?
Im surprisedI’m surprised by the witness against ENDA. Is he the only one because if so, it seems that the religious right are giving up on the hearing.
some employers are religious institutionsor they’re affiliated with religious institutions. think: catholic schools and hospitals, for example.
Well, yeahI suppose I could see that, but as I read it, the protections for them are all pretty much in this bill.
I’m not trying to be deliberately obtuse here, but I honestly don’t know why they’re even invited to discuss this issue.
There’s an opportunity to comment to the CommitteeThe Committee of Education and Labor has a page regarding the upcoming hearings that allows for 200 word comments, here: http://edlabor.house.gov/blog/…
I want to strongly suggest that as many of us as possible send a message to the committee telling them how this proposed law affects you and why it should be passed. The page is open for comments for only 24 hours so it needs to be done today. Thanks!
Contact Your Congress Leaders Today!With ENDA about to have a Congressional Hearing tomorrow it is very important to contact your legislators today. Let them know you support the passage of the Inclusive ENDA.
Not sure who your reps and senators are?
Here are some web links to help you.
http://www.house.gov/
http://www.senate.gov/general/…
In these websites are some excellent and simple search tools so you can find out who your reps and senators are.
Yes, but…
Yes – but some aren’t…
like governments, for example – except that these clowns believe that government has a religion that can be ‘trampled upon’.
I just tried commenting. The page didn’t seem to work properly
Sent To: Congressman Kratovil (D.-MD Dist. 1)Dear Congress Member Kratovil:
Mr. Craig Parshall is listed as a witness to testify before the Education and Labor Committee tomorrow on the Employment Non-Discrimination Act. Please be cognizant of your oath to uphold the U.S. Constitution as you listen to this man’s testimony. Please be incisive in your questioning of his motives and whether or not he is a true American who believes in Jefferson’s and our founding father’s experience that the wall of separation between church and state should be strengthened by our legislation and not torn down by sectarian encroachment. This should be foremost in your mind as you listen to this man who is not a Constitutional scholar, nor is he part of the community being fired, harassed, and discriminated against at work for being lesbian, gay, bisexual or transgendered. He is a sectarian bigot whose only reason for being in front of Congress tomorrow is to further tear down that wall. Sincerely, Michael Barber Kent County, Maryland
EmilyWrite your comment out in Word or another program and make sure it is correct (the comment page won’t let you make corrections), then cut and paste it into the comments section (only 200 characters are allowed).
Also sent to Senator Barbara Mikulski and Senator Ben Cardin.
A lot of good that did,Just got email back from Kratovil’s office saying they get 300 emails a day and it will take at least 3 days to get back to me. B.S.
Sent to the CommitteeBy Michael Barber on September 22, 2009 1:45 PM
Dear Committe Members,
I saw that you have invited Craig Parshall to testify before the Committee tomorrow on the Employment Non-Discrimination Act. I would like to remind you of your oath to uphold the Constitution, especially the first amendment, separating church and state. This man is a sectarian bigot and his testimony should be thoroughly scrutinized scientifically.
300 a day?That’s it? I get more than that, and If I don’t respond to most of them within 5 or 6 hours, my customers would lynch me….
Oh, that’s right, Congressfolk don’t actually work for us.
Characters? Or words?The page says words – and the comment I typed up was well under 200 words.
Specifics please…
Well…
which ones?
Do you mean those that condone execution of those who don’t adhere to particular guidelines set out in your book of myths? Or those that involve selling people into slavery?
Inquiring reality-based minds want to know.
GLAD’s action tweet sent me here.
Can someone please get a list of the Committee members attending?Rep Tom Price from GA should be on the committee. I want to make sure he attends, or if he doesn’t, I want to make sure his constituents hear about it.
Deanna,
An unfortunate constituent of Rep Tom Price
one reason it is highly germane…One reason that religion is intrinsically tied to ENDA and similar legislation is because religionists always chant the mantra of “special rights for chosen behaviors” and claim that civil rights law should never protect anyone except on the grounds of “immutable” characteristics like skin color when it is suggested that LGBT people should be covered by civil rights law.
Of course this disingenuously ignores the fact that religious belief, worship and associated behaviors are 100% chosen, yet are protected by the Constitution, the 1964 Civil Rights Act, etc.
It is especially galling to see religionists like Craig Parshall bring up the Bill of Rights and claim to be defenders of its intent and purpose, when even a moderately intelligent third grader can understand that nearly everything listed as being a basis for protection in the Bill of Rights- speech, publishing, peaceful assembly, the free exercise of religion, petitioning for redress of grievances, keeping and bearing arms, refusing to quarter troops, refusing to submit to warrantless searches, refusing to testify against ones self, confronting ones accusers in legal proceedings…are ALL **behaviors** that one can **choose** to engage in, or not.
Rather than jump into the mud with these people and argue ”choice vs. biology” over LGBT issues, I personally think more of us need to attack this line of “reasoning” head on-
So what if it IS a choice? There is absolutely NOTHING in the law that supports the idea that “chosen behaviors” are intrinsically unworthy of being the basis for civil rights protections, and the Bill of Rights makes this crystal clear when it protects practically nothing but chosen behaviors.
just sent to Rep. Duncan Hunter- Re: ENDA
This is to ask that when deciding how to vote on ENDA, you consider these points:
1) Contrary to oppositional rhetoric, ENDA does not establish any “special rights” for LGBT people or attempt to codify them as a “protected class”.
Rather it would protect ALL citizens from having (often totally unfounded and erroneous) perceptions about their sexual orientation and gender identity/expression used to discriminate against them in employment.
There are countless biologically intersexed and otherwise “normal” non-transgender people who through no fault of their own have sexually ambiguous looks that do not match cultural stereotypes of what a person of their sex “should” look like, who currently live with the possibility that those factors may be used at any time to fire or refuse to hire them, and that they would have little to no legal basis on which to seek relief.
Regardless of one’s moral and religious beliefs about transgendered people, allowing these non-TG individuals to be punished for their God given features and physiques is thoroughly unAmerican, unChristian, and unconscionable.
2) Setting aside the as yet unresolved question of whether or not being gay or TG is a “choice”, arguments that civil rights protections are not and should not be based on “chosen behaviors” are easily and utterly repudiated by the simple fact that nearly every protection in the Bill of Rights- for speaking one’s mind, publishing, peaceful assembly, the free exercise of religion, petitioning for redress of grievances, keeping and bearing arms, refusing to quarter troops without due process, refusing to submit to warrantless searches, refusing to testify against ones self, confronting ones accusers in legal proceedings…are ALL behaviors that one can choose to engage in, or not.
One simply cannot legitimately claim to defend the Constitution and its principles while making such a specious argument about “chosen behaviors” being inherently unworthy of civil rights protections.
Thank you for your time.