The Problem with ENDA

Well, Barney Frank is about to have his way, and attempt to pass the Employment Non-Discrimination Act without including gender identity as a protected class. He argues, as he has for years, that Congress is just not ready to include "transgender" people.

Unfortunately, Frank has a point.

The "transgender" activists are reaping what they have sown. Transgender is a very broad term, so broad as to be effectively meaningless. And the terminology used in most laws protecting "transgender" people is deliberately vague, so as to be as inclusive as possible. The problem is, not all "transgender" behavior is equal. What most people probably envision when speaking of "transgender inclusion" is protecting people who are transsexual, and who are either in the process of transition, or who are post-transition. What the law, unfortunately would do, is extend protection to just about anything that can be claimed as related to "gender identity." For example, it would theoretically protect crossdressers who suddenly decide to show up for work dressed as a woman.

The law only seems to have two limitations. It does not apply to churches and it would not force people to share facilities where total nudity is inevitable. It does not contain any provisions that would prevent people from effectively deciding what their "gender identity" is on a daily, or even more frequent, basis. Imagine if an employee is a crossdresser and insists that when the mood strikes "him," he will show up for work dressed "en femme." Now, some might say, "So what?" And in some cases, that might be a legitimate question. But suppose he is in a position that requires public contact, and well, his appearance is a bit less than credible. Imagine that problems that might cause for his employer.

Sadly, we have a situation where there is not good outcome. If the law passes with the current provisions for protecting "transgender" people, it will create a nightmare situation that may well result in serious backlash. If it passes without those protections, then any and all discrimination, including that against peoeple with legitimate medical needs, such as those with Harry Benjamin Syndrome, will become totally legal anywhere where there are not already laws in place.