To overcome Republican obstructionism, ENDA will need 60 votes in the Senate. It appears to have 59, and it may come down to, of all people, John McCain.
Senate Majority Leader Harry Reid of Nev. fends off questions about the slow start for the Affordable Care Act as he meets with reporters following a Democratic policy luncheon, Tuesday, Oct. 29, 2013, on Capitol Hill in Washington.AP
That number has since grown. Sen. Bill Nelson (D-Fla.), who had been non-committal on ENDA, signed on as a co-sponsor on Monday night. Yesterday, Sen. Mark Pryor’s (D-Ark.) office told an Arkansas blogger that the senator is also a yes on the bill, which would bring the new total to 58 votes, and would leave West Virginia Sen. Joe Manchin as the only Democrat unwilling to prohibit anti-gay discrimination in the workplace.
So, where will proponents find the other two votes? There were high hopes that Sen. Jeff Flake (R-Ariz.), who voted for an earlier version of ENDA in 2007, would support the bill, but he said yesterday that he’ll oppose this version because it prohibits discrimination on the basis of gender identity. Sen. Rob Portman (R-Ohio), however, who supports marriage equality and has an openly gay son, said yesterday he’s inclined to vote for ENDA.
And that would bring us to 59 votes. Perhaps Sen. John McCain (R-Ariz.), who’s reportedly being lobbied by his wife to support ENDA, will be #60? It’s possible, though the senator, who led the fight to stop openly gay servicemen and women from serving in the military, will apparently need some educating.
[McCain] has not yet decided how he will vote, saying he is concerned the landmark civil rights legislation could result in “reverse discrimination.” […]
When asked what lingering concerns he had about backing ENDA, McCain replied, “Whether it imposes quotas, whether it has reverse discrimination, whether it has the kinds of provisions that really preserve equal rights for all citizens or, like for example, busing. Busing was done in the name of equality. Busing was a failure. Quotas were a failure. A lot of people thought they were solutions. They weren’t. They bred problems.”
As a substantive matter, none of these concerns make any sense at all. (“Busing”? Seriously?)
This isn’t complicated: under existing law, gay people can be fired from their jobs simply because of their sexual orientation. Discrimination on the basis of race, gender, or religion is illegal, but an employer could walk up to a gay employee this afternoon, declare, “I don’t like gay people so you’re fired,” and there’s literally nothing in federal law to prevent this happening. That same employer could put a sign in the window that reads, “Now hiring: gay people need not apply.”
ENDA would prohibit this discrimination. There’s nothing in the bill about “quotas” or “reverse discrimination.”
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."
White House
Trump’s apartheid-friendly ambassador to South Africa takes role
Ja’han Jones
A whistleblower complaint about Tulsi Gabbard has been kept from Congress for months
Ja’han Jones
DOJ’s misconduct complaint dismissed against judge in Alien Enemies Act case
Erum Salam
Congress
Pressed on religious bigotry, Speaker Johnson makes an ugly problem even worse
Steve Benen
House Democrat unveils impeachment resolution targeting Pam Bondi
Steve Benen
As too many Republicans push anti-Muslim messaging, GOP leaders remain silent
Steve Benen
Supreme Court
Why Gorsuch brought up how drunk John Adams and James Madison got ‘back in the day’
Jordan Rubin
The Supreme Court rulings that could help Luigi Mangione avoid execution
Jordan Rubin
Supreme Court Justice Samuel Alito’s financial moves cause needless problems