A Watershed Moment

Last week, the House of Representatives voted on and passed HR 3685. The final vote was 235 to 184. The Employment Non-Discrimination Act or ENDA was introduced by Barney Frank in September of this year and excluded gender identity. The Employment Non-Discrimination Act is a bill that would prohibit employment discrimination on the basis of sexual orientation. The bill was originally introduced in 1974 under a different name - the Gay Rights Bill, HR 14752. Currently, there are 13 states that prohibit discrimination in employment based on sexual orientation and gender identity.


Frank's argument for excluding gender identity was that the bill would not garner the votes necessary for passage which has created a firestorm in the gay, lesbian and transgender communities. The crux of the argument is that we should not exclude transgender folks from the bill simply to win legislation because they will be forever forgotten. On the other side are those, including myself, that believe that after all these years, we'll take the bill without gender expression. Some see this as unfair to the transgender community but others, whom I agree with, see it as an incredible win for gays and lesbians. One such group is United ENDA which includes gay, lesbian and transgender groups. One of my favorite writers says it best here.

I have always argued that the T is not a part of the gay and lesbian community and I'm very happy to see that I'm not alone. Of course once you make such a statement you are automatically labeled a transphobe but as a black lesbian Republican I've heard worse. This is what the Washington Post had to say about the vote. The key lines there are: "Transgender people must channel the activism this action sparked into a long-term effort to educate the public and lawmakers about the discrimination they face." After all, gays and lesbians have been doing just that for years.