The Employment Non-Discrimination Act (ENDA): A Threat to Free Markets And Freedom Of Conscience And Religion

The Employment Non-Discrimination Act (ENDA) was re-introduced in the 113th Congress in April 2013 as H.R. 1755 and S. 815. ENDA would prohibit employers from making employment decisions on the basis of actual or perceived sexual orientation or gender identity. It is misleadingly labeled as a logical extension of Title VII of the Civil Rights Act. While the Civil Rights Act was enacted primarily to protect the rights of racial minorities, ENDA is aimed at providing special protections for "sexual orientation" (which includes voluntary homosexual conduct) and "gender identity" (referring not to one's biological sex, but to "the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth").

The "gender identity" provision would protect anyone who is "transgendered," a broad umbrella term that includes transsexuals (people who have had sex-change surgery), anyone who has changed or is changing their public "gender identity" (regardless of whether they have had surgery or hormone treatments), transvestites (people who dress as the opposite sex on an occasional basis for emotional or sexual gratification), and drag queens and drag kings (people who dress as the opposite sex for the purpose of entertaining others).

ENDA should be opposed by anyone who believes in freedom of speech, freedom of association, freedom of conscience and religion, and a free market economy.

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