Q Toon: Asterisky Business

The Supreme Court's free pass to Burwell v. Hobby Lobby continues to have a ripple effect beyond the immediate scope of its ruling, despite its author's claims to the contrary. Spurred by the Supremes' ruling, the ACLU, National Gay and Lesbian Task Force, Gay and Lesbian Advocates and Defenders, Lambda Legal, the National Center for Lesbian Rights and the Transgender Law Center have withdrawn their support of the Employment Non-Discrimination Act (ENDA) in its current form.

At issue is language in the bill that would allow some employers to discriminate against LGBT employees on religious grounds. From the ACLU statement:

"ENDA's discriminatory provision, unprecedented in federal laws prohibiting employment discrimination, could provide religiously affiliated organizations — including hospitals, nursing homes and universities — a blank check to engage in workplace discrimination against LGBT people."

Given the Court's tendency to favor any claim of religious freedom as long as it doesn't involve psychotropic drugs, the so-called religious liberty clause in the bill means that it could apply only to employers who were unlikely to discriminate against LGBT employees in the first place. Discrimination against LGBT persons in any way, shape, or form, is almost always clothed in religious garments. Unless the spectre of showering together raises its prurient head.

The Human Rights Campaign and Log Cabin Republicans remain committed to ENDA in whatever form might make it through Congress, although there is very little likelihood of John Boehner allowing it to come to the House floor for a vote.

Which is nothing new. ENDA was first introduced by Rev. Bella Abzug twenty Congresses ago. If you were facing antigay discrimination in the workplace then, chances are you are facing retirement now.