As Democrats discuss what, if anything, they can deliver to the base in the lame-duck session, one possibility may be the Employment Non-Discrimination Act, seen by many as the easiest lift among various pieces of stalled gay rights legislation.
My colleague Jonathan Allen reports that Speaker Nancy Pelosi talked about wanting to do ENDA on a leadership conference call today.
Pelosi didn’t set a timeline, but Allen’s source said she appears to want a vote before the lame-duck session ends.
On some Facebook thread somewhere I warned that something like this might happen: Whilst everyone is watching for DADT, someone will slip an ENDA amendment onto some other bill.
And, of course, it will be the Barney-HRC, permanent-employment-for-straight-acting-gays variety of ENDA.
In fact, assuming that this does occur, I predict that – as a ‘compromise’ to get it through – not only will it not include trans people, it will include federal pre-emption language that will wipe out existing state and local trans-protections by making the Barney-HRC, permanent-employment-for-straight-acting-gays definition of ‘sexual orientation’ the national norm.