Can Pelosi Outmaneuver Boehner On ENDA?

Thursday there were 3 roll calls in the Senate on ending employment discrimination against gays and lesbians. Short version: it passed and now faces a hostile reception from House Republican leadership. The slightly longer version:

The first bill up was an amendment by Pennsylvania conservative Pat Toomey allowing employers to use "religion" as an excuse to discriminate. It was defeated 55-43, two reflexively backward and homophobic Democrats-- Pryor (AR) and Donnelly (IN)-- joining most of the Republicans. The only Republicans who voted no on the amendment were Susan Collins (ME), Mark Kirk (IL), and Lisa Murkowski (AK).

Then came the cloture vote to break the Republican Party filibuster. This needed 50 and passed 64-34 with every Democrat voting to end the filibuster, as well as 10 non-Confederate Republicans: Kelly Ayotte (NH), Susan Collins (ME), Jeff Flake (AZ), Orrin Hatch (UT), Dean Heller (NV), Mark Kirk (IL), John McCain (AZ), Lisa Murkowski (AK), Rob Portman (OH), and Pat Toomey (PA).

The historic bill then passed 64-32. All the Democrats voted for passage. And the same 10 non-Confederate Republicans joined them. The Senate's two most hypocritical closet cases, Lindsey Graham (R-SC) and Mitch McConnell (R-KY) voted NO. Another switch-hitter, John Barrasso (R-WY), walked out of the chamber to avoid voting. Jefferson Beauregard Sessions (R-AL) also refused to vote. The bigots have been doing badly in recent years.

Now for the problem… the bill has to pass the House and both Boehner and Cantor are adamantly opposed... and extremely homophobic. They are threatening to refuse a vote. Right after the Senate passed the bill, President Obama issued a statement meant to pressure them:

For more than two centuries, the story of our nation has been the story of more citizens realizing the rights and freedoms that are our birthright as Americans. Today, a bipartisan majority in the Senate took another important step in this journey by passing the Employment Non-Discrimination Act, which would help end the injustice of our fellow Americans being denied a job or fired just because they are lesbian, gay, bisexual or transgender. Just as no one in the United States can lose their job simply because of their race, gender, religion or a disability, no one should ever lose their job simply because of who they are or who they love.

Today’s victory is a tribute to all those who fought for this progress ever since a similar bill was introduced after the Stonewall riots more than three decades ago. In particular, I thank Majority Leader Reid, Chairman Harkin, Senators Merkley and Collins for their leadership, and Senator Kirk for speaking so eloquently in support of this legislation. Now it’s up to the House of Representatives. This bill has the overwhelming support of the American people, including a majority of Republican voters, as well as many corporations, small businesses and faith communities. They recognize that our country will be more just and more prosperous when we harness the God-given talents of every individual.

One party in one house of Congress should not stand in the way of millions of Americans who want to go to work each day and simply be judged by the job they do. Now is the time to end this kind of discrimination in the workplace, not enable it. I urge the House Republican leadership to bring this bill to the floor for a vote and send it to my desk so I can sign it into law. On that day, our nation will take another historic step toward fulfilling the founding ideals that define us as Americans.

Bush's former press secretary, Ari Fleischer agrees with President Obama and the overwhelming majority of Americans.

Allowing people to be successful in their workplaces is an essential piece of individual opportunity and liberty. Working for a living is one of America’s freedoms. It’s a virtue to be encouraged-- and supporting it is important to the future of the Republican Party. In an era in which the government often punishes hard work and individual success, this bill encourages it.

At its core, the Employment Non-Discrimination Act is about individual liberty. All employees should be treated the same and be judged on their job performance. No one should receive special treatment, and no one should be fired because of their sexual orientation.

…Politically, it’s about time for the GOP to do the right thing while acting in a more inclusive and welcoming manner. Republicans need to expand our appeal and earn the support of millennials. The younger generation of Americans views gay rights differently than our parents’ generation, and as was noted in an assessment of the Republican Party I co-authored following the 2012 elections, issues like this are gateways into whether young people see the GOP as a party worthy of support.

Pelosi and progressives are signaling that if Boehner refuses to allow a vote, they will circulate a discharge petition forcing a vote. It will be interesting to see if the few Democrats who oppose gay equality-- like Mike McIntyre (NC), Dan Lipinski (IL), John Barrow (GA) and Pete Gallego (TX)-- refuse to sign it. And it will be just as interesting to see if Republicans who profess to favor ENDA, like Paul Ryan, for example, are willing to break with their party leadership when it really counts. Today I asked all the Blue America House candidates if they would sign such a discharge petition. They all said they would. To be precise, Paul Ryan's opponent, Rob Zerban said, "Absolutely-- without hesitation or reservation." (Something like Pennsylvania state Senator Daylin Leach's "With an unbounded enthusiasm.")

Congressional Progressive Caucus co-chairs Raúl Grijalva (D-AZ) and Keith Ellison (D-MN) released this statement on behalf of their 73 members: 

“We applaud the Senate for voting to protect millions of lesbian, gay, bisexual, and transgender working Americans from discrimination. Senate Majority Leader Harry Reid has done the right thing by putting ENDA before the Senate for the first time since 1996. We urge Speaker John Boehner to hold a vote on the bill in the House of Representatives as soon as possible.

“Workplace discrimination has no place in the United States. When 17 percent of LGBT workers and 26 percent of transgender Americans report being fired or not hired for a job due to their sexual orientation or gender identity, there’s a serious problem that Congress needs to address.

“Seventeen states, more than 160 cities and counties, and nearly 60 percent of Fortune 500 companies have sexual orientation and gender identity workplace protections. Harassment and judgment don’t build a successful work environment, and they certainly don’t build stronger communities. Job assessments should be based on results, not who you love.

“The five Republicans who already cosponsor ENDA in the House are on the right side of history. We hope that others will join them. It’s clear the public supports workplace equality. That’s why the House should hold a vote on ENDA as soon as possible. Americans value hard work and equal opportunity. That should be what matters on the job.”

The Washington Post's Greg Sargent didn't seem optimistic that Boehner and Cantor will allow the bill to pass the House. His sources tell him a discharge petition is a non-starter. That however, is up to Nancy Pelosi. If Republicans like Paul Ryan, Mario Diaz-Balart, Ileana Ros-Lehtinen, Jeff Denham and David Valadao refuse to sign it, it just shows them up for the hypocrites they are. Meanwhile, it should be remembered, that Steve Israel is actively out recruiting viciously anti-gay politicians to run with DCCC money as Democrats. That should be taken seriously and stopped.