From the Washington Blade

ENDA hits snag over transgender inclusion

House Democrats likely to drop gender identity provision

by Lou Chibbaro Jr.

Wednesday, September 26, 2007

House Democratic leaders are strongly considering dropping anti- discrimination protections for transgender persons from the Employment Non-Discrimination Act, or ENDA, after an internal Democratic head count on Wednesday found that the bill would likely be defeated if it included the trans provision, multiple sources familiar with the bill said.

The current version of the bill calls for banning employment discrimination based on sexual orientation and gender identity, terms that are defined in the measure to include gay men, lesbians, bisexuals and transgender persons.

As of late Wednesday, it appeared likely that the trans provision would be removed, setting up a potentially divisive fight within gay activist circles over whether or not to support an ENDA bill that excludes trans people.

The leader of one of the nation's most prominent transgender rights groups expressed strong skepticism over reports that support for the transgender provision was eroding.

"I do think we have the votes to pass this bill," said Mara Keisling, executive director of the National Center for Transgender Rights. "We're getting down to the wire, and whenever you get close to a vote on an important bill like this, some people always get worried."

Keisling and other gay and transgender rights leaders have been telling their members that ENDA enjoys widespread, bipartisan support and predicted it would pass the House, with some expecting a more difficult effort in the Senate.

But sources familiar with House Democratic leaders, including Speaker of the House Nancy Pelosi (D-Calif.), said problems arose suddenly during the past week when a number of Democratic House members expressed objections to the transgender provision.

The transgender objections surfaced shortly after Pelosi and House Democratic leaders agreed to a request by the National Conference of Catholic Bishops to broaden the bill's exemption for certain religious institutions that act as employers, the sources said.

"There has been an unraveling of the bill in the last week," said a lobbyist familiar with the situation, who spoke on condition of anonymity.