Worth ReadingRidiculous ‘Consistent Gender Presentation' Ensures Endless Litigation on Businesses

May 11, 2010 - Washington, DC – In an effort to address concerns by moderate Democrats fearful of the controversial ENDA, the Employment Non-Discrimination Act, Rep. Barney Frank (D-MA) told reporters that anyone discriminated against would have to have a "consistent gender presentation" in order to sue their employer. A person with "one set of genitals" would not be able to use a workplace restroom designated for those with another set of genitals under the new law, he contended.

"My question to Rep. Barney Frank is: Which unfortunate business owner gets to question their employees about their body parts?, said Traditional Values Coalition Executive Director Andrea Lafferty. "If a business or day camp receives a complaint from an employee that a person beginning a male-to-female transition but dressed as a woman is using the women's bathroom, what are they to do about it—especially if the complaint turns out to be false?

"Rep. Frank conveniently ignores the fact it is impossible for many transgendered persons to present a ‘consistent gender'—yet that's exactly what this bill protects. There's no way around it: ENDA allows transgendered persons at all stages of their transition to demand special accommodation.

"Moderate Democrats, already worried about their reelections this year, are rightly upset about this controversial bill which places enormous burdens on employers of all types. Those with religious qualms about the transgendered lifestyle especially face the false choice between violating their beliefs and violating the law, a law pushed on them by radical LGBT groups and supporters. The right of an employer to make hiring decisions in line with their moral and religious beliefs is violated by ENDA."

In a recent Roll Call article, Rep. Barney Frank said there was "no chance" to pass ENDA without transgender language included. In an attempt to address concerns that the bill was too controversial with those protections, Rep. Frank held that those suing an employer for discrimination must have a "consistent gender presentation…they can't sit there with a full beard and a dress." Rep. Tammy Baldwin (D-WI) said that moderate Democrats, many with real concerns about the content of the bill, should "choose another profession" if it was too controversial for them.

Traditional Values Coalition is the largest non-denominational, grassroots church lobby in America, speaking on behalf of more than 43,000 churches. Founded in 1980 by Rev. Louis P. Sheldon, Chairman, TVC has sought to empower people of faith through knowledge.

For further information, please contact Jameson Cunningham with Shirley & Banister Public Affairs at (703) 739-5920 or (800) 536-5920.