DownWithTyranny!: ENDA Passed The Senate But Boehner Wants To Kill It In The House. Can He?

Yesterday we looked at the lead-up to last night's historic Senate vote for ENDA. The anti-gay filibuster was shut down 61-30, every Democrat plus 7 Republicans voting for equality. 30 Republicans-- though not one was willing to go on the record with a speech during the debate-- voted against equality. But all the regular suspects-- bigots like Jefferson Beauregard Sessions (R-AL), Ted Cruz (R-TX), Mike Lee (R-UT), Ron Johnson (R-WI), Mitch McConnell (R-KY), closet case Lindsey Graham (R-SC), Marco Rubio (R-FL), Rand Paul (R-KY)-- voted against what their own constituents want.

Now comes the hard part. Boehner has already announced he's against it. Many of his caucus, ones in non-Confederate, hate-obsessed districts, say they would vote for it if it gets to the House floor. But Boehner has no intention of letting that happen. Nancy Pelosi says "all options" are on the table to get it passed. And that means: discharge petition. If a majority of Members sign a discharge petition, the bill gets to the House floor for a straight up-or-down majority vote, regardless of what obstruction Boehner and Cantor put up. If Charlie Dent (R-PA), who claims to support the bill, is correct and there are as many as three dozen Republicans for it, Pelosi could get a discharge petition though… IF she can persuade her homophobic Blue Dog members to not queer the deal.

Boehner has cock'n'bull excuse that LGBT equality may put a financial burden on business. Many of America's top business leaders, however, have been very supportive and are urging the GOP to stop obstructing equality. Greg Sargent in yesterday's Washington Post:

[A] handful of House Republicans who happen to agree with the RNC autopsy into what went wrong in 2012, which prescribed that the GOP should project a more tolerant aura on gay rights. One such House Republican is Rep. Charlie Dent, who comes from a moderate Pennsylvania district-- and is one of around five House Republicans to come out for ENDA so far.

“I believe the Speaker should allow a vote on this bill,” Dent told me in an interview today. “I believe that the American public wants to make sure people are not discriminated against, based on race, religion, or sexual orientation.”

Dent, who also broke with the House GOP shutdown strategy, said he thought around three dozen Republicans in the House would support ENDA. He referred back to the previous House vote on a version of ENDA, in 2007, which passed with 35 Republicans in support (it died in the Senate).

“I suspect there would be a similar number now,” Dent said, though he conceded he hadn’t done a head count.

Boehner’s office is justifying his opposition by claiming ENDA “will increase frivolous litigation and cost American jobs.” However, as Sam Stein points out:

Top business leaders have begun pushing for the bill’s passage. And in July 2013, the Government Accountability Office issued a report concluding that in states with LGBT workplace protections, “there were relatively few employment discrimination complaints based on sexual orientation and gender identity filed.”

Dent similarly rejected this concern. “Much of American industry has already moved in this direction,” he said. “They have their own anti-discrimination policies.”

Dent said he had not written off the chances of passage, pointing out that Boehner had not yet said whether he would prevent a committee vote on attaching ENDA as an amendment to another bill, such as a Defense Authorization bill. “I hope he will allow the Rules Committee to consider an amendment on the subject,” Dent said.

But as the New York Times notes this morning, this would require House GOP leaders to risk a conservative revolt. Indeed, this is another issue where conservative opposition is explicitly impeding the GOP from doing what Republicans themselves say is necessary for the party to keep pace with shifting demographics and the evolving culture. The RNC autopsy specifically said the GOP should evolve on gay rights to appear more tolerant to young voters, who view this as a gateway issue.

Dent agreed. “Younger voters would be much more accepting of the Republican Party if we were to adopt legislation of this type,” he said.

The last time ENDA came up in the House, November 7, 2007, it passed 235-184. At the time, Dent was one of 35 Republicans, who crossed the aisle and voted for the bill. Only 10 of those Republicans are still serving in the House, including Paul Ryan (R-WI)-- who says he may back it again this year-- and NRCC Chairman Greg Walden (R-OR).

Ironically, Steve Israel has been prancing around DC all week boasting how he's following "Rahm's Playbook" and recruiting conservative Democrats, many of whom are vehemently anti-Choice and rabidly homophobic, like his prize recruit from OH-06, Jennifer Garrison. Will Democrats like Garrison join Boehner to vote against LGBT equality? Of course they will; they always do. In 2007 fully 25 Democrats voted against ENDA, and of them, most were subsequently defeated… but these 4 bigots are still in Congress and still voting against equality:

• John Barrow (New Dem-GA)
• Dan Lipinski (Blue Dog-IL)
• Mike McIntyre (New Dem-NC)
• Nick Rahall (WV)

Israel made sure other homophobes would slip into the Democratic caucus while the Members who largely pay for its operations, were't paying attention-- another page from the Rahm Playbook. Pete Gallego (New Dem-TX), for example, is a hard, boastful core gay hater-- one of Israel's personal recruits last year.

Meanwhile Israel is refusing to allow the DCCC to get behind almost any progressives who are real fighters for LGBT equality. In a state like Florida, where nearly three-quarters of the voters favor ENDA, an on-the-record bigot like John Mica, would be vulnerable to a well-financed challenge by a progressive. Israel refuses to give the Democratic candidate, Nick Ruiz-- not a millionaire, a college professor-- the time of day. And here's what Ruiz said just before yesterday's ENDA vote:

"Speaker Boehner and his proxy Rep. Mica are on the wrong side of history. Laws that ban discrimination are always castigated by those quickest to discriminate on such a basis. History is littered with stories of GOP opposition to the civil rights movement of the 1960s. The GOP was wrong then, and they're even more wrong now, with their opposition today standing as evidence that they've learned nothing about the great American civil rights and social justice movement in this country. The great majority of Americans, myself included, support ENDA and its goals. Speaker Boehner, Rep. Mica and company are simply missing in action when it comes to these vital protections for Americans."

Another Blue America-endorsed candidate, Tom Guild in Oklahoma City, who's challenging James Lankford an ex-minister who seems to be devoted to some form of Christianity that has cut out Jesus' message. Lankford is a dedicated hate-monger and bigot. Tom: “I strongly support ENDA that is currently under consideration in Congress. Every Oklahoman and American deserves the opportunity to be free from unfair discrimination in the workplace. This is the kind of issue that should bring us together-- arbitrary discrimination in the workplace is wrong and the time is past due to eliminate this injustice. We need leaders who are listening to fair minded Oklahomans and Americans who are calling for protection against unfair workplace discrimination.”

John Kline (R-MN), another bigoted Republican who opposes equality on principle and has voted against LGBT rights every time he's had the opportunity, has drawn a strong and progressive fighter for equal employment rights, Mike Obermueller, who Israel sabotaged last time he ran against Kline. Yesterday he said "I strongly support the Employment Non-Discrimination Act. Every American deserves the opportunity to be free from discrimination in the workplace. This is exactly the kind of issue that should bring our legislators together-- this discrimination is wrong and we are long overdue in resolving this injustice. We need leaders that are listening to their constituents calling for protection against discrimination… The passage of the Employment Non-Discrimination Act in the Senate would be a historic step towards eliminating discrimination in our country. Congressman Kline is part of the problem in Washington-- he’s choosing inaction over action and he’s looking past the overwhelming support of the people. We need leaders that can come together to eliminate discrimination and ensure a fair, safe workplace for all Americans."

And we need a DCCC Chairman who recruits candidates with Democratic values like Mike, Tom and Nick, not conservatives and reactionaries like himself and like Jennifer Garrison, widely known in her own state as "the Sarah Palin of Ohio." That's the kind of garbage you're supporting if you give money to the DCCC.

Garrison beat a Republican incumbent in 2004 to win a state house seat from Southeast Ohio, by ATTACKING HER GOP OPPONENT FOR BEING TOO PRO-GAY. Yes, you read that right. From the Gay People's Chronicle: Garrison already has a rocky relationship with the LGBT community. She won her House seat by gay-baiting her predecessor, Nancy Hollister, in 2004.

Earlier that year, Hollister was the only Republican to vote against the so-called “defense of marriage act.” It was considered a courageous vote.

Garrison sent out mailings that read, “If you believe marriage is between one man and one woman, there’s something you should know about Nancy Hollister.”

The other side of the card said, “DOMA was enacted precisely to protect Ohioans from having to accept ‘marriages’ or ‘unions’ entered into in other states. Despite the value of DOMA, Nancy Hollister voted against it. Jennifer Garrison believes marriage is between one man and one woman and will fight to protect our values.”

In 2006, as a member of the House Education Committee, Garrison helped to kill an amendment that would have required Ohio schools to protect students from bullying for their sexual orientation or gender identity.

The anti-bullying bill passed without the LGBT protections.

An attorney, Garrison opposed EHEA last year, saying it is wrong to single out classes of people for protection. This is a common talking point that anti-gays use against equality laws, and is legally flawed.