TALKING POINTS: THE EMPLOYMENT NON-DISCRIMINATION ACT (“ENDA”) AND THE
ROAD TO SAME-SEX MARRIAGE
- ENDA abolishes gender. ENDA
requires an employer to acknowledge and recognize the concept that sex can
be changed or that it is a fluid concept.
requires forced acceptance of a very radical notion that gender is merely
a product of personal expression completely unrelated to a person'
biology or physiology.
- ENDA requires access to shared
facilities. ENDA mandates
that employers give access to shared facilities, such as restrooms and
other similar facilities for those who are of the same sex, but have an
opposite gender identity (i.e. a male identifying as female), or of those
who have notified their employer of an ongoing gender transition (i.e. a
male transitioning to a female). Those
employees would be allowed to share restrooms and other similar facilities
with members of the opposite sex.
- ENDA mandates dress and
grooming standards. ENDA requires
that an employer allow an individual who has previously been through
“gender transition” or has notified their employer that they are in
“gender transition” to dress as the gender to which the employee has
transitioned or is transitioning.
force employers to hire individuals that may be contrary to the employer'
image it wishes to portray.
- ENDA harms the institution of
states where same-sex couples are not allowed to marry, employers do not
have to give benefits conditioned on marriage to same-sex couples, but
employers may not otherwise discriminate against same-sex couples because
they are unmarried. An employer under ENDA cannot reserve marital employee
benefits for opposite sex married couples.
- ENDA threatens
the passage of a federal marriage amendment. By including sexual orientation and
gender identity in the historical basis of protected class status, ENDA
makes traditional sexual morality a form of discrimination.