The Gay . . . or, When Does Sixty Equal Thirty-Six?

The Employment Non-Discrimination Act was introduced in the U.S. Senate today by Sen. Jeff Merkley (D-OR), with Senators Kennedy (D-MA), Snowe (R-ME) and Collins (R-ME) serving as the other lead sponsors.  Thirty-four other Democratic senators co-sponsored the bill, which would ban employment discrimination based on sexual orientation and gender identity.

dsccYes, that means that only 36 of the 60 members of the Democratic caucus in the U.S. Senate co-sponsored simple employment non-discrimination.  Only two of the 40 members caucusing with the Republicans did so.

Which, of course, raises the question:  What 24 Democrats don’t sign on to such basic legislation?

Here they are:

  • Baucus, MT – (202) 224-2651
  • Bayh, IN – (202) 224-5623
  • Begich, AK – (202) 224-3004
  • Bennet, CO – (202) 224-5852
  • Byrd, WV – (202) 224-3954
  • Carper, DE – (202) 224-2441
  • Conrad, ND – (202) 224-2043
  • Dorgan, ND – (202) 224-2551
  • Hagan, NC – (202) 224-6432
  • Johnson, T., SD – (202) 224-5842
  • Kaufman, DE – (202) 224-5042
  • Kohl, WI – (202) 224-5653
  • Landrieu, LA – (202) 224-5824
  • Lincoln, AR – (202) 224-4843
  • McCaskill, MO – (202) 224-6154
  • Nelson, Bill, FL – (202) 224-5274
  • Nelson, Ben, NE – (202) 224-6551
  • Pryor, AR – (202) 224-2353
  • Reid, NV – (202) 224-3542
  • Rockefeller, WV – (202) 224-6472
  • Stabenow, MI – (202) 224-4822
  • Tester, MT – (202) 224-2644
  • Warner, M., VA – (202) 224-2023
  • Webb, VA – (202) 224-4024

Colorado, Delaware, Michigan and Wisconsin?  Really?  Yes, Senators Bennet and Kaufman are new, but Sen. Franken found his way onto the bill — so that’s no excuse.  And Kaufman’s been in the Senate for years as a staffer.  And, Sen. Kohl?  Your state has a domestic partner registry that started this week, but you aren’t a co-sponsor of federal employment non-discrimination legislation?  As for Sen. Stabenow, I was shocked and double-checked the list to make sure I hadn’t just missed her.

Well, make your calls, folks.  It’s no good having 60 votes if we only get a few more than half of the caucus on a matter of basic fairness like employment non-discrimination.

And, for all the “why isn’t Obama doing more” folks, this is why.  If this is what we get on ENDA, imagine the response to a Don’t Ask, Don’t Tell repeal bill or — goodness gracious — a Defense of Marriage Act repeal bill in the Senate.  Crickets.

We’ve got some work to do in the Senate.  Sixty isn’t sixty even on health care — it sure as hell isn’t sixty on LGBT equality measures.

That said, it’s also clear that Sens. Collins and Snowe need to do their part to get some more of their Republican colleagues — N.H. Sen. Gregg, where they already have marriage equality, or Ohio’s Sen. Voinovich, for example — on board.

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About the Author

Chris Geidner is a lawyer in Washington, D.C., who writes at Law Dork, is the senior political writer at Metro Weekly and has written for The Atlantic Online, Advocate.com, Salon and other publications. An extended biography can be found here, and you can follow him on Twitter.