House approves job-protection measure for gays
WASHINGTON - The House voted Wednesday to extend the nation’s employment-discrimination protections to gay workers, the first time the long-proposed measure has passed either chamber of Congress.
In the debate, which lasted more than five hours, some members of Congress referred to the historic civil-rights fight against racial prejudice while others appealed to the Democratic majority not to infringe on the rights of Christians who consider homosexuality an affront to God.
Rep. John Lewis, D-Ga., who survived beatings during marches for civil rights, said he had “fought too long and too hard to end discrimination based on race and color not to stand up against discrimination against our gay and lesbian brothers and sisters.”
But Rep. Mark Souder, R-Ind., said that, because of the bill, “religious rights will now be trumped by sexual rights.” Calling the bill a disaster for religious bookstores, which could be required to hire gay workers, he said the measure invited litigation and set “precedents that we will regret.”
Passage of the Employment Non-Discrimination Act, on a 235-184 vote, came despite protests from some gay-rights supporters that the bill does not protect transgender workers. That term covers transsexuals, cross-dressers and others whose outward appearance does not match their birth gender.
The measure would make it illegal for employers to make decisions about hiring, firing, promoting or paying an employee based on sexual orientation. It would exempt churches and the military.
Republican Dave Reichert joined all the Democrats in the Washington state delegation in voting for the legislation. Republicans Cathy McMorris Rodgers and Doc Hastings voted against the measure.
Rep. Barney Frank, D-Mass., who has pushed for the legislation for 30 years, said he regretted that political necessity dictated dropping sexual identity as a separate cause. But, noting that “I also wish I could eat more and not gain weight,” Frank, who is gay, said he would support the bill and “continue to fight.”
The bill’s future is uncertain. The Senate came within one vote of passing similar legislation in 1996, and sponsors said they have at least 51 votes in the Senate. But a Republican filibuster threat would require 60 votes.
The Bush administration, in a statement of policy that recommended a veto, warned that the bill could weaken the Defense of Marriage Act, which defines marriage as the legal union between a man and a woman.
Backers hailed House passage as a historic first step, a recognition in federal law for the millions of Americans who describe themselves as gay or lesbian.
“This is truly an historic day,” said House Speaker Nancy Pelosi, D-Calif. “History teaches us that progress on civil rights is never easy. It is often marked by small and difficult steps.”
Opponents said the bill would open the door to litigation against Christians who display their Bibles or pull out verses at their work stations, and who might be charged with creating a “hostile environment” for gays.
When Congress enacted the Civil Rights Act of 1964, it outlawed workplace discrimination against individuals on the basis of race, religion, gender or national origin. In the years since, Congress has added a ban on workplace bias on the basis of age or disability.
In addition, some 20 states, including Washington, have outlawed discrimination on the basis of sexual orientation, and 90 percent of Fortune 500 companies ban workplace discrimination against gays and lesbians.
Material from The Associated Press is included in this report.