ENDA Losing Republican Muscle
The Employment Non-Discrimination Act (ENDA), which would outlaw job
discrimination against gay people, got a blow when two of its leading
Republican co-sponsors distanced themselves from the bill. ENDA has had
little chance of becoming law while the Republicans have majorities in both
houses of Congress. However, the bill has gotten a significant boost from
listing prominent GOPers as lead co-sponsors of the measure.
In the House, the lead Republican sponsor—after U.S. Rep. Chris Shays
(R-Conn.)—has been U.S. Rep. Mark Foley (R-Fla.). A five-term congressman,
Foley helped the bill, because, although conservative on many issues, he’s
fairly moderate on social questions such as gay concerns. He has also been
helpful in garnering pro-gay support from other Florida GOPers.
This year, when ENDA is reintroduced, Foley is continuing his support of
the bill and will be listed as a co-sponsor. However, he will not sign on as
a lead co-sponsor, which means that he and his staff will not have the
responsibility of lining up GOP supporters for the bill.
Foley Chief of Staff Kirk Fordham tells me his boss remains committed to
ENDA, but that the pressures of running for the U.S. Senate in Florida have
crowded out the staff time necessary to allow Foley to serve as a lead
co-sponsor.
The political explanation, however, is that it doesn’t help Foley’s
Senate campaign among the Sunshine State’s right-of-center Republican
primary voters if he has the higher-profile task of ENDA’s lead
co-sponsor. Foley’s vulnerability has been heightened by a Florida
columnist’s assertion several months ago that Foley is gay, a charge that
Foley put down as a Democratic ploy to hurt his campaign.
A similar problem could befall ENDA in the Senate. Sen. Arlen Specter
(R-Pa.) will be running for re-election next year and he’s drawn a
conservative opponent—Rep. Pat Toomey (R)—for the primary. While
moderate Specter’s Human Rights Campaign legislative score on gay issues
was a healthy 86 percent in the last Congress, Toomey’s was a lousy 17
percent. Now Specter may, like Foley, step down as a lead co-sponsor of ENDA.
Bill Reynolds, Specter’s media assistant, says Specter will co-sponsor
ENDA again, but no decision has been made about serving as a lead
co-sponsor. Other sources tell me that Specter’s office led them to
believe that the Pennsyl-vania senator will not sign on as a lead co-sponsor
this year.
ENDA won’t sink without the added muscle of Foley and Specter, but
their stepping back from front-burner support won’t help the gay job
rights bill either.
In a larger sense, the actions of the two moderate Republicans illustrate
the continued strength of the homophobic right within the GOP, even to the
extent of influencing the actions of gay-friendly Republicans. There are two
solutions to this problem, both of them long-term projects. One is replacing
Republican control of Congress with Democratic control. Gay and
gay-supportive voters can help achieve that, but issues such as the economy
and events in Iraq are likely to determine the outcome of the 2004
congressional elections.
The other solution is to strengthen the moderate faction within the GOP,
so that the Foleys and Specters of this world won’t be so concerned about
the antigay right-wingers in their party. President Bush’s recent
statement that he believes marriage is for a man and a woman—while couched
in tolerant language about welcoming everyone into American society—makes
it more difficult for pro-gay moderates to increase their role in the Grand
Old Party. Nevertheless, the good work of the Log Cabin Republicans and the
Republican Unity Coalition may help improve the party’s record on gay
issues.
Hastings Wyman publishes Southern Political Report, a nonpartisan
biweekly political newsletter. He can be reached care of this publication or
at