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From the Baltimore Sun

House passes ban on job bias against gays


Associated Press
Thursday, November 8, 2007

WASHINGTON -- The House approved yesterday the first federal ban on job discrimination against gays, lesbians and bisexuals.

Passage of the Employment Non-Discrimination Act came despite protests from some gay-rights supporters that the bill does not protect transgender workers. That term covers transsexuals, cross-dressers and others whose outward appearance does not match their sex at birth.

The measure would make it illegal for employers to make decisions about hiring, firing, promoting or paying an employee based on sexual orientation. Churches and the military would be exempted.

After the 235-184 vote, supporters are expecting a tough fight in the narrowly divided Senate, where Massachusetts Democrat Edward M. Kennedy plans to introduce a similar version.

A veto from President Bush is expected if the proposal does pass the Senate. The White House has pointed to constitutional concerns and said the proposal could trample religious rights.

Among Maryland's delegation, Republican Rep. Wayne T. Gilchrest and Democratic Reps. Elijah E. Cummings, Steny H. Hoyer, C.A. Dutch Ruppersberger, John Sarbanes, Chris Van Hollen and Albert R. Wynn voted for the measure. Republican Rep. Roscoe G. Bartlett voted against it.

Backers of the House bill proclaimed it a major civil rights advance for gays. "Bigotry and homophobia are sentiments that should never be allowed to permeate the American workplace," said House Majority Whip James Clyburn, a South Carolina Democrat.

The decision by Democratic leaders to exclude protections based on sexual identity created sharp divisions in the party and among gay rights activists.

Republicans, meanwhile, said the bill could undermine the rights of people who oppose homosexuality for religious reasons.

Protections for transgender workers were in the original bill. But Democratic leaders found they would lose support from moderate and conservative Democrats by including transgender employees in the final bill.

But Rep. Jerrold Nadler said excluding transgender workers was shortsighted.

"As we have seen in many states, the failure to include the transgender community in civil rights legislation from the beginning makes it more difficult to extend protections later," said Nadler, a New York Democrat.