Written by Don Byrd
The Employment Non-Discrimination Act of 2013 was introduced in the U.S. Senate today by Oregon Senator Jeff Merkley. The bill would prohibit employment discrimination based on sexual orientation or gender identity. It exempts businesses with fewer than 15 employees as well as religious organizations.
This Act shall not apply to a corporation, association, educational institution or institution of learning, or society that is exempt from the religious discrimination provisions of title VII of the Civil Rights Act of 1964…
So, if you are allowed to discriminate based upon religion in hiring, you are exempt from the prohibition against discriminating based on sexual orientation.
Via the Center for American Progress, Freedom to Work offers this perspective on how ENDA, in their view, protects religious freedom.
ENDA’s drafters recognized that religious liberty is one of our nation’s founding principles. The bill protects the First Amendment religious freedom rights of churches to come to whatever conclusion they wish about LGBT people. Some churches and religious organizations will choose discrimination and some churches will choose inclusion of all of God’s children. ENDA does not force the choice of the federal government upon any church, and therefore ensures that ENDA will not be struck down someday by the U.S. Supreme Court for violating religious liberties.
A similar bill is expected to be introduced in the House. You can read the Senate bill here.
