Providing for Consideration of H.R. 3685, Employment Non-Discrimination Act of 2007
PROVIDING FOR CONSIDERATION OF H.R. 3685, EMPLOYMENT NON-DISCRIMINATION ACT OF 2007 -- (Extensions of Remarks - November 13, 2007)
[Page: E2398]
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SPEECH OF
HON. TODD TIAHRT
OF KANSAS
IN THE HOUSE OF REPRESENTATIVES
WEDNESDAY, NOVEMBER 7, 2007
* Mr. TIAHRT. Madam Speaker, I rise today in opposition to H.R. 3685, the Employment Non-Discrimination Act (ENDA). H.R. 3685 would extend existing employment-discrimination provisions of Federal law, including those in Title VII of the Civil Rights Act of 1964, to establish ``a comprehensive Federal prohibition of employment discrimination on the basis of sexual orientation.''
* Although I join with all my colleagues in abhorrence to bigotry and discrimination, this disingenuous and vaguely-constructed overhaul of labor law is inconsistent with the free exercise of religion and weaken the fundamental Defense of Marriage Act.
* The right to the free exercise of religion found in the Constitution, and as codified by Congress in the Religious Freedom Restoration Act (RFRA), must be firmly upheld. It is a cornerstone of our Nation's founding and our future. Our Government must not take any action that unduly burdens the free exercise of religion. Unfortunately, the ENDA does not live up to this constitutional standard. America's churches, synagogues, and religious non-profit organizations must maintain the right to employ those that share their particular religious or moral worldview. Although the sponsors of this act claim that the religious exemptions found in the legislation are adequate, they are simply not strong enough to pass constitutional muster or fulfill legislative intent in the RFRA.
* Madam Speaker, ENDA would also weaken the landmark Defense of Marriage Act (DOMA) by giving Federal statutory significance to same-sex marriage rights under State law. Federal law states that marriage is between one man and one woman. Maintaining DOMA is essential in defending the sanctity of marriage. However, the passage of ENDA will provide activist judges around the country the legal ammunition to undermine state and federal marriage laws. Courts in New Jersey, Vermont, and Massachusetts have all used state legislation similar to ENDA as a springboard for mandating same-sex marriage or civil unions. In 2005 Kansas overwhelmingly passed the Traditional Marriage Amendment by 70 percent. The people of Kansas have spoken. With the path is so clearly defined in history, it would be irresponsible for Congress to pass ENDA.
* Madam Speaker, bigotry and discrimination is clearly wrong. However, tampering with such bedrock legal and constitutional standards such as the freedom of religion and DOMA is not the right solution. I urge my colleagues to join with me in opposing this legislation.
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