Oct 19, 2007  |  By: JOSHUA LYNSEN  | COMMENTS     

Most freshmen House Democrats want to include transgender people in the Employment Non-Discrim-ination Act, even though they generally hail from conservative districts.

More than 70 percent of the 43 House Democrats serving their first terms are co-sponsoring the trans-inclusive ENDA. That’s a stronger show of support than the lawmakers gave the Local Law Enforcement Hate Crimes Act.

“Holding a job is not a special right,” said Clyde Wilcox, a Georgetown University government professor. “A vote like this will probably not hurt them, even in a red-leaning district.”

Among the 43 lawmakers, 31 are co-sponsoring the trans-inclusive ENDA, and one is cosponsoring a version that lacks trans protections. By comparison, 22 of the 43 legislators co-sponsored the hate crimes measure.

Thirty freshmen House Demo-crats occupy seats that were previously held by Republicans, and several come from conservative or moderate districts that backed President Bush in 2004.

“While we still may be deeply divided on things like marriage,” Wilcox said, “opinions on certain issues have really shifted.”

Despite the support among freshmen lawmakers, House leaders last week told gay and transgender activists during a Capitol Hill meeting that legislators would move ahead with the version of ENDA that lacks trans protections.

The decision came two weeks after House Speaker Nancy Pelosi delayed a vote on that measure to give gay and transgender groups more time to persuade House members to back a trans-inclusive measure.

A preliminary tally taken last month reportedly showed the trans-inclusive measure would fall at least 30 votes short in the 435-member chamber.

Human Rights Campaign President Joe Solmonese said that revelation triggered an intensive lobbying effort, but it was determined at last week’s meeting there were not yet sufficient votes to pass the trans-inclusive measure.

The gay-only bill was thus set for markup, and a floor vote could happen next week.

Solmonese said he thinks enough House Democrats support the measure that it will pass, in part because “members will take their lead” from bill proponents Pelosi and gay Rep. Barney Frank.

But it was not immediately clear how many freshmen House Democrats would support the gay-only bill.

House members have been under pressure by more than 300 state and national gay and transgender advocacy groups that have signed a statement demanding members of Congress oppose any version of ENDA that lacks protections for transgender people.

“We are asking them not to vote in support of the non-inclusive ENDA, whether that means a ‘no’ vote from them, or simply not voting,” said Lynne Bowman, Equality Ohio’s executive director.

It was difficult to gauge this week whether that message was taking hold with House members. Most offices surveyed by the Blade did not respond to calls by press time.

Ryan Guthrie, chief of staff for Rep. Baron Hill of Indiana, skirted the issue and said only that Hill opposes discrimination.

“He is a strong supporter of defending rights in the workplace and elsewhere, so he wants to fight discrimination any chance he can get,” Guthrie said. “But that having been said, we haven’t seen the actual language, so we can’t really take a position on it.”

Many gay rights groups told the Blade they’re unsure how their respective House members will vote.

Jon Keep, president of Indiana Equality, said he’s gotten no commitments from any of his state’s three freshmen representatives.

Stacey Sobel, executive director at Equality Advocates Pennsylvania, Ian Palmquist, executive director at Equality North Carolina, and Paul Scott, executive director at Equality Texas, said they also lack commitments from certain first-term House members.

The leaders said activists in their states are calling, writing and visiting those congressional offices, but have won no promises.

Nonetheless, the leaders said they plan to keep pushing freshmen House members to support only an ENDA that includes gender identity and transgender protections.

“It’s not just protecting the transgendered,” Keep said. “The new bills that are being introduced have significant changes in there in terms of protections for the gay, lesbian and bisexual community as well.”

Opponents of the new measure have noted it does not bar discrimination based on gender identity and claim it would fail to protect gays who do not conform to gender stereotypes.

Rep. Barney Frank, lead sponsor of the gay-only ENDA, has disputed whether the lack of gender identity protections would be problematic for gays and lesbians.

Sobel and other state group ...