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A new report from the Heritage Foundation attacks the Employment Non-Discrimination Act (ENDA), mounting a perverse and fallacious defense of allowing businesses to discriminate against workers on the basis of sexual orientation and gender identity.
In advance of the Senate's expected historic vote on ENDA, Heritage Foundation fellow and "ex-gay" therapy-advocate Ryan T. Anderson published a report titled "ENDA Threatens Fundamental Civil Liberties." The report, which is the culmination of Heritage's recent attacks on ENDA in conservative media, rehashes some of the worst conservative arguments against the law, which would merely prohibit employers from harassing or discriminating against LGBT employees. Here are the seven worst arguments he uses to attack ENDA:
ENDA Creates "Special Privileges"
A central conservative argument against ENDA is that the law would create "special" rights and privileges for LGBT people. According to Anderson:
ENDA creates special privileges based on sexual orientation and gender identity. Specifically, it would make it illegal for organizations with 15 or more employees to "fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of such individual's actual or perceived sexual orientation or gender identity."
In reality, ENDA would merely extend the same employment protections that already exist under Title VII of the Civil Rights Act of 1964 - for race, sex, religion, age, and disability status - to include sexual orientation and gender identity. ENDA's text explicitly prohibits special privileges for LGBT employees, including "preferential treatment or quotas."