Oct 26, 2007  |  By: LOU CHIBBARO J  | COMMENTS     

Democratic leaders postponed a vote this week in the House of Representatives on the Employment Non-Discrimination Act (ENDA).

The announcement came several hours after the White House issued a statement saying that senior advisers have recommended that President Bush veto the gay rights measure if Congress were to pass it.

In a separate development, a spokesperson for Sen. Edward Kennedy (D-Mass.) told the Blade Wednesday that Kennedy intends to introduce ENDA in the Senate next week, when he returns to Washington after undergoing surgery in Boston to clear a blockage in a neck artery.

The spokesperson, Melissa Wagoner, did not say whether Kennedy’s version of ENDA would include transgender protections. Some gay and transgender activists have speculated that the Senate would not vote on ENDA this year.

Kennedy’s decision to introduce the measure at a time when ENDA supporters are engaged in a dispute over whether to include a trans provision in the House version of the bill suggests that Kennedy may be ready to reveal his position on the transgender question.

Meanwhile, ENDA supporters were quick to say the postponement of the House vote had nothing to do with the White House veto threat, but reports surfaced giving conflicting reasons why House Democratic leaders chose to put off a vote on the bill at least one week.

Drew Hammill, press secretary for Speaker of the House Nancy Pelosi (D-Calif.), issued a statement saying House Democratic leaders were working to “develop an accurate count” of the number of House members willing to vote for an amendment that would restore transgender protections to ENDA.
“We do not anticipate that this process can be completed this week,” Hammill said in his statement.

Hammill was referring to a decision by gay Rep. Tammy Baldwin (D-Wisc.), made with Pelosi’s consent, to introduce an amendment restoring a trans provision to the bill that House Democratic leaders took out. The leadership said it chose to move ahead with a gay-only version of the bill after it determined there were not enough votes to pass a trans-inclusive bill.

Democratic strategists have said voting on the trans provision separately in the form of an amendment would allow supporters to move ahead with a gay-only bill if the Baldwin amendment is defeated.

As the Blade went to press, leaders of a coalition of gay and transgender advocacy groups that oppose a gay-only version of the bill held an unannounced, closed meeting in Washington late Wednesday to develop a strategy for ENDA if it is determined that the Baldwin amendment could not pass, according to a source familiar with the meeting.

Gay Rep. Barney Frank (D-Mass.) said he learned that a group of gay and transgender leaders spoke with Baldwin on Monday in a telephone conference call, with some informing her that she should consider withdrawing her amendment if she determines it lacks the votes to pass.

Neither Baldwin nor a spokesperson for her office could be reached by press time.

Frank said he was concerned that momentum might be growing among House Democrats for scrapping plans for a vote on ENDA until 2009, when some activists believe chances for passing a trans-inclusive bill would improve.

“I think that would be a terrible mistake,” Frank said.

Two other sources said Pelosi might have postponed a vote on ENDA this week to clear the House agenda for an immediate vote on a new version of legislation to expand the State Children’s Health Insurance Program (SCHIP). President Bush vetoed the SCHIP bill, and supporters last week fell short of lining up enough votes to override the president’s veto.

“We’re hearing they plan to bring up SCHIP this week and this will displace ENDA and other bills,” said one source familiar with ENDA, who asked not to be identified.

Hammill said Democratic leaders were considering bringing up SCHIP this week but that was not the “determining factor” for the timing of a vote on ENDA.

“The leadership is working closely with Congresswoman Baldwin to develop an accurate count of the members supporting her amendment and will then make decisions for scheduling the bill for the House floor,” Hammill said.

CongressNow, an online publication, reported that the bill was likely to reach the House floor for a vote next week.

Dems to block gay-only ENDA?

But other sources familiar with ENDA said privately that House Democratic leaders might have postponed an ENDA vote because they were worried that a growing number of gay-supportive Democrats in the House were considering voting against a gay-only version of the bill.

Four Democrats did just that on Oct. 18, when the House Committee on Education ...