ENDA and the Art of the Possible

“Our movement is used to fighting to win our rights incrementally, often one at a time. We are not, however, used to — nor will we allow — having our people protected one at a time. No civil rights movement has ever left a part of its community behind, and we’re not about to be the first.” — Matt Foreman, Executive Director, National Gay and Lesbian Task Force, Inc.

A version of the Employment Non-Discrimination Act (ENDA), without protections for transgender workers will be considered next week, by the full House, after the measure was narrowly approved on Thursday by the House Committee on Education and Labor. The House also will vote on an amendment by out U.S. Rep. Tammy Baldwin, D-Wis., to put transgender protections back in the bill.

What is at stake here is the fate of the protection of the most unprotected people in America: the Ts (transgenders, transsexuals, transvestites, cross-dressers and intersexuals).  As the bill is currently drawn, the Ts have been omitted, but were in the original draft.  When congress members caught up to the full language of the bill, many balked, even those who ordinarily are for gay rights.  Gay congressman Barney Frank (D-Mass) backed a reformulated bill minus the Ts.

This has caused a firestorm of protest from gay activist organizations, finger pointing, and even the questioning of loyalty to the community.  There are two camps, those who are committed to incremental progress who hope eventually to have the Ts included, and those who are not willing to compromise, who are in the majority.  Both have legitimate arguments.  The incrementalists look to the history of the civil rights movement and see slow but steady progress to full inclusion, and take their victories when they can get them.  The uncompromising call upon ethical and justice arguments and see backing down as a moral failure.

Unfortunately for the uncompromising, the Ts fate is bound up in the most compromising of institutions, the U. S. Congress.  There, politics is defined as the art of the possible, and bills are administered with a finger in the wind for the next election.  My heart is with the uncompromisers, but my head is with the incrementalists.  My hope is that the Ts will eventually, and soon, get their just protection.  Fortunately, many in America are being introduced for the first time to that vital and honored part of the glbT community.  We wish them well. But after all is said and done, will either of the versions of the bill survive the president’s veto?  This is just one more reason to deliver the house, senate and executive branch to the Democrats next November.