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Legal - ENDA

Despite the fact that transgenders are protected from employment discrimination in New Jersey, they are not so protected in numerous other states.  This fact makes passage of a trans-inclusive Employment Non-Discrimination Act (ENDA) imperative.  A trans-inclusive act, HR 2015, was developed in 2004, but unfortunately around September 27, 2007, it became apparent that Barney Frank, a gay representative from Massachussetts, instead proposed to introduce a trans-exclusive form of the ENDA which would protect lesbians and gays only.  New Jersey US Representative Robert Andrews would then propose a separate amendment to the ENDA to protect transgenders.  At this time, Frank enjoyed the support of Speaker of the House Nancy Pelosi and the HRC, Human Rights Campaign, an advocacy group.  He apparently no longer has the support of Speaker Pelosi, and lesbian-gay rights organizations have come out in favor of an inclusive ENDA or no ENDA.  This is due to a Lambda Legal Chapter analysis which indicates that only a trans-inclusive ENDA will protect lesbians and gays.  Numerous organizations, including GRAANJ, Garden State Equality, NOW, PFLAG, Empire State Pride and NCTE, just to name a few, have endorsed trans-inclusion in the ENDA.  It is expected that any form of ENDA will be vetoed by President George W. Bush.  This is probably true, and probably the votes to override the veto do not exist.  My private opinion is that they might exist if sexual minority organizations could show that straights will not enjoy full protection without a trans-inclusive ENDA.  The point is now is the time to act.  I do not plan to append all the blogs I brought with me to the Support Group meeting on October 6.  Instead I will just append some important ones.  For a daily update on the status of the ENDA, consult the NCTE website.

Jennifer Mae Barnes

10/10/07