Why is ENDA Wrong?
ENDA, H.R. 3685, is a flawed piece of legislation based on the following reasons: 1. ENDA seeks to add the words “sexual orientation” to the list of classes protected under Federal Civil Rights law. This is in violation of the traditional three part test required for a class to gain civil rights protections. That test is: A) The class must possess immutable characteristics, B) The class must have a history of economic discrimination, and C) The class must be politically disinfranchised. 2. ENDA allows GLBTs to sue in response discrimination against their lifestyle but does not protect the employers who have religious beliefs that lead them to not hire GLBTs. 3. ENDA restricts the 1st Amendment’s Free Exercise of Religion clause by providing zero exemptions for employers with religious beliefs contrary to the GLBT lifestyle. 4. ENDA applies to both real and perceived discrimination. This means that employers are held hostage to the whims of the GLBT community’s demands since any discrim
