HRC Back Story

The second panel of ENDA hearing is underway, with the witnesses in favor of the legislation giving courageous - and often emotional - testimony that clearly show the damaging effects of anti-gay discrimination in the workplace.

I will be providing updates on the panel on this feed - so refresh your browser for the updates.

Officer Michael Carney, who was profiled in today's Boston Globe, spoke about the discrimination he faced when re-applying for his job as a police officer in Springfield, Mass.  Thankfully, at the time, Massachusetts law prohibited such discrimination based on sexual orientation, and Officer Carney was able to file a complaint and get his job back.  Today, Officer Carney is a highly decorated police officer and is testifying with the full support of Springfield police commissioner Edward Flynn. 

Brooke Waits of Dallas, Texas told her shocking story of how she was fired the day after her supervisor looked at her personal cell phone and saw a picture of her kissing her girlfriend on New Year’s Eve.  As Brooke told her story, she fought back tears and Members of Congress were seen wiping their eyes as well. 

Officer Carney and Brooke Waits illustrated touchingly just two of the unfortunately many stories of discrimination that exist and the injustices that ENDA will make right.

Larry Lorber of the Proskauer Rose law firm expresses the concern that ENDA will add an additional burden on businesses already struggling to understand and comply with federal employment laws. This argument is quickly rebuffed by Congressman Andrews.

Mark Fahleson of the Remboldt Ludtke LLP law firm in Lincoln, Nebraska expresses his concern that the legislation's "religious exemption" provision is overly complex.

Update - 12:30 p.m.: Congressman Tom Price (R-GA) questions the panelists on the "religious exemption" language of the legislation. This prompts an extremely interesting moment and insightful response from witness Prof. Helen Norton, Associate Professor at the University of Colorado School of Law when questioned by Congressman Tom Price (R-GA).  Congressman Price asked Professor Norton about whether or not she believed the views of “morality” of non-religious employers should be given a role in employment decisions.  Professor Norton responded that those exact same objections were raised to Title VII when private employers expressed dismay about having to associate with individuals of other races, religions, and women.  Sometimes the more things change, the more they stay the same. We're likely to see more debate on how the religious exemption provision should be treated or clarified as the legislation moves forward.

Update - 12:55 p.m.: Congressman Andrews interrupts the hearing to announce the tragic news that Congressman Paul Gillmor (R-OH) has died from a fatal heart attack.

Update - 12:55 p.m.: Congresswoman Yvette Clarke (D-NY) asks the witnesses if there is any reason why GLBT Americans should NOT be afforded the same protections from discrimination in employment that Title VII currently affords based on race, religion, gender, and national origin.  No one objected.

1:00 p.m.: Congressman Andrews adjourns the hearing.