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Here's my beef with capitalism: while the system works in theory because businesses want to recruit the most qualified, talented, smartest, and overall best people to work for them, the reality is that capitalism is a system administered by humans. As humans, we tend to let our prejudices, biases, and ignorance guide our decisions, which historically leads to discrimination against people who are different than those in charge. (Of course, this aspect of humanity also poses problems for socialism, democracy, and other wonderfully theorized systems of social organizations.) To overcome our human flaws and truly give everyone a fair chance in life, government often is required to pass laws banning discrimination. This brings me to today's topic, the Employment Non-Descrimination Act (ENDA), which originally was written to ban and provide remedies for "employment discrimination on the basis of sexual orientation or gender identity."
The key here is that ENDA originally included protection for "gender identity." The House Democratic leadership, Rep. Barney Frank explained, decided to remove transgendered individuals from Federal protection to avoid controversy and expedite its passage. Needless to say, this is not going over well with a large portion of the bill's supporters.
In a discussion forum opened on BlogHer, PhyllisMs from Louisiana explains why the ENDA is necessary, and why it should include trangendered individuals:
Personally, I believe that Corporations, business, and religious orders should not make our Constitution and Bill of Rights mute by dictating who they can hire or terminate based upon race, color, religion, sex or national origin, sexual preference or gender identity. As it is today in many states, with more lobbying continueing throuhout the nation, Corporations and business's can fire for "any reason" or for "no reason at all". This labor contract is call "Employment at will" and leaves the door wide open for violations of the Civil Rights Act of 1964 and the Civil Rights Act of 1991, making them in effect mute, null and void. Changes in the way of employment for all Americans is desperately needed and our previous equality legislations are eroding before our eyes. I believe, we as Americans, do not need the government nor the general public to have rights of discriminations due to our bedroom activities or perceptions by others.
Phyllis also shares her personal story of life-endangering harassment, which makes it crystal clear why we can't be pragmatic about this law. When it comes to dropping transgender individuals from legal protections, Michelangelo Signorile at The Gist wrote:
I honestly don't understand what the rush is on ENDA at this point -- and yes, I've now read many different takes on it, including that of Barney Frank, who I respect a great deal and don't disagree with lightly. Through the hard work of activists over many years, 20 states, the District of Columbia and 140 cities and counties -- among them the most populous states of California and New York, which also disproportionately contain large GLBT populations -- have laws banning discrimination against gays and lesbians. The Fortune 500 has so greatly outpaced the federal government, with over 90% of Fortune 500 companies having gay-inclusive anti-discrimination policies, that ENDA's immediate impact on the rest of the country, in terms of providing relief, if passed and signed by the president (doubtful), surely would not be nearly as significant as some have claimed in their arguments for dropping the transgendered… Regarding all the high-minded pledges from various people who say we will come back for the transgendered and make sure we add them later: We have seen an unfortunate history of leaving people behind within this movement, I'm sorry to remind you.
Nelle2Nelle at Swim Beyond the Imagery feels sold out and is taking action and urges others to do the same:
I've fired off a couple of letters to my rep, fired one off just now to Speaker Pelosi, and urge anyone who might happen to read this to write Congress in support of a whole ENDA bill, and not the one tearing the 'T' away from the LGB.
I've lived a lifetime of inner angst. Had my life ripped apart, but I'm also fortunate to work for an employer that values my work and protects my rights. Too many of us have no protection, and ENDA will bring us that long needed protection.
Since we are a minority within a minority, gaining rights outside the framework of the lgbt community will be exceedingly difficult. Many people see us as just plain warped,















