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‘One of the things I have noted is members of Congress can and do learn,’ said Rep. Tammy Baldwin in conveying her hope that the House would pass a trans-inclusive ENDA. (Blade photo by Henry Linser)
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HOME > NEWS > NATIONAL NEWS
By: JOSHUA LYNSEN COMMENTS
 
Gay Rep. Tammy Baldwin (D-Wis.) announced this week she will seek to amend the Employment Non-Discrimination Act to restore a provision covering gender identity.
The announcement came after Baldwin secured an agreement from Democratic leaders to introduce her amendment to the gay-only version of ENDA. Votes on that bill, known as House Resolution 3685, and Baldwin’s amendment were set for next week.
A committee review and markup of the gay-only version of ENDA was scheduled for Thursday, after Blade press time.
United ENDA, a coalition of more than 310 gay and transgender advocacy groups that support a version of ENDA that includes language protecting gender identity and transgender people, known as House Resolution 2015, noted it appreciated Baldwin’s move.
“Clearly, our preferred strategy is to pass the original ENDA, HR 2015, out of committee,” the organization said in a statement. “However, if we are faced with a non-inclusive bill following the committee vote, we will work with Congresswoman Baldwin to repair ENDA to include protections on the basis of gender identity.”
United ENDA said it expects House Speaker Nancy Pelosi, who represents San Francisco, and other Democratic leaders to support Baldwin’s amendment.
Pelosi’s office told the Blade that Baldwin’s amendment was welcome.
“The speaker has stated repeatedly that she wants the most inclusive bill possible,” said Drew Hammill, Pelosi’s press secretary. “This amendment strategy will allow a vote to achieve just that.”
Baldwin’s move is the latest development in the increasingly complex effort to pass federal legislation to bar discrimination against gay and transgender Americans in the workplace.
At a Capitol Hill meeting last week, Democratic House leaders told gay and transgender activists that legislators would move ahead with a version of ENDA that lacks trans protections.
The decision, made Oct. 12, came two weeks after 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 showed the trans-inclusive measure would fall at least 30 votes short in the 435-member chamber, sources have said.
Human Rights Campaign President Joe Solmonese said that revelation triggered an intensive lobbying effort, but it was determined at the 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 was expected to occur 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 (D-Mass.).
It was unclear at Blade deadline how many House members would support Baldwin’s amendment, or if the addition could draw enough votes to win attachment.
Mara Keisling, executive director of the National Center for Transgender Equality, said Wednesday that Baldwin’s amendment had not yet been drafted.
“We don’t know yet what the amendment would do exactly,” Keisling said. “She’s working through that. There are more differences between 2015 and 3685 than the inclusion of gender identity, so it’s still a work in progress.”
Among the differences between the two bills are provisions regarding dress codes, exemptions for religious employers, and other items.
Keisling said it was not immediately clear how many differences Baldwin’s amendment would seek to rectify.
“That’s obviously up to the congresswoman,” she said. “We’re working on all that.”
Baldwin’s plan to force a vote on gender identity issues drew mixed reviews.
Clyde Wilcox, a Georgetown University government professor and author of “The Politics of Gay Rights,” said the effort would help activists identify whom to lobby in the future should the amendment fail.
“The nice thing is that at least enables you to identify who those 30 people are,” he said, “and then maybe work on those people for next year, or the year after that.”
Solmonese also said the amendment, which HRC supports, was a crucial development in the campaign to pass an inclusive ENDA.
“Over the past two weeks, HRC has stayed at the table and fought for an inclusive version of ENDA,” he said. “With Congresswoman Baldwin’s amendment, the fight continues for another day.”
But other observers noted a vote on Baldwin’s amendment could lock House members into a stance on gender identity protections, possibly complicating the chance for passage of such protections in the future if the amendment fails. Many such lawmakers would likely fear being labeled “flip-floppers” by political opponents.
Baldwin told the Blade she was nonetheless hopeful that House members would continue to evolve in their views on transgender issues.
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