Openly-gay Congressman Barney Frank (D-MA) spoke last night on the House floor about ENDA. Among other things, Barney explained why trying and failing is often worse than not trying at all:
I am convinced that the votes are there to pass a bill that bans discrimination based on sexual orientation in employment. I am also convinced that if we were to put up a bill that included people of transgender, that part would be stricken on a vote, and, unfortunately, a fairly heavy vote. Because what happens is when a tough issue, and the transgender issue is a tough political issue now, and if I have fought with colleagues, it is for not being honest enough with people. And people who would mislead you, I would say, Mr. Speaker, to those who come before us as advocates, people who would mislead you and let you think your task is easier are not your friends. They are undercutting your ability. Underestimating your enemy is the surest way, not only to lose, but to lose so bad it is hard to come back.
I had hoped that we would have a vote upon a transgender-inclusive bill and win. Getting a large vote in this body to say no to transgender inclusion will make it harder in the future to change that situation, partly because my junior Senator, as the Presidential candidate, was unfairly pilloried. His remark was caricatured about his vote on Iraq. He quite sensibly voted for one version of funding for Iraq and then voted against another. He phrased it inartfully. What he did was correct.
But because of that, the fear that Members of this body have and of the other body of voting one way and then later changing has been magnified. People now pay an unduly high price if they change their mind. So if you go ahead and get a negative vote on the transgender issue today, that will make it harder for us at some point, and I hope that point comes within the next few
years, to change things after we have done more education.
If we simply put the bill forward, and these become parliamentary intricacies, but they are irrelevant, if we simply put the bill forward and there was no amendment in the committee and it came to the floor of the House and it included the transgender inclusion, then you would see a series of very clever moves from the Republican side, motions to recommit, that could lead to the indefinite postponement in a repeated set of votes that would keep us from passing this bill.
Barney also explained why 98% of a loaf is better than none:
Now, the notion that you do not pass an antidiscrimination bill protecting large numbers of people until you can protect everybody, in my judgment, is flawed, morally and politically. It is flawed morally because I am here to help people in need. That's why I serve in this job.
If we can get a sexual orientation ban enacted, we will be protecting millions of people in this country who live in States where there is no such law. There are laws in some States and not others. The States that have the laws are probably the place where prejudice is most active.
I do not accept the argument that I am somehow morally lacking if I say, you know what, I would like to protect everybody, gay, lesbian, bisexual and transgender, I am only at this point able to get a vote passed that protects the millions of people who are gay, lesbian and bisexual; but I will withhold from them that protection until I do anything. Because any time you insist on doing everything all at once, you will do nothing.
Barney then lays into all the naysayers who are more than a bit late to the ball:
I will say this as an aside, I will get to this later, that one of the things that does bother me, to be honest, is that people who are now demanding that we kill a bill to protect people against sexual orientation and discrimination because we haven't done enough to protect people of transgender were silent on the issue awhile ago.
When I testified on September 5, I wasn't the head of some large movement. I was speaking out personally. I had been begging people for months. We knew this was coming up. It has been published since earlier this year that we would be voting on this bill now.
People are now having Web sites; people are bursting forward. Where were they when we needed them? I will talk about why we did not see them then and we see them now.
I helped Cheryl Summerville, the lesbian fired from Cracker Barrel for being gay, draft her testimony for Senator Kennedy's Labor Committee hearing on ENDA in 1994. I can't count too many of my critics who have been working on ENDA since the early 1990s.