Despite its likely passage in the Senate, ENDA is almost certain to die in the House. | REUTERS Senate OKs change to gay rights bill

The Senate swiftly approved new protections for religious groups in a gay rights bill making its way through the chamber – a move that could be key to picking up Republican support for the landmark legislation.

The amendment, pushed by Republican Sens. Kelly Ayotte of New Hampshire and Rob Portman of Ohio, would shield religious organizations who are exempted from the Employment Non-Discrimination Act from potential retaliation by government agencies. The underlying bill bans workplace discrimination based on sexual orientation or gender identity.


“I have long been a strong supporter of the rights of conscience, of the rights under the First Amendment of the Constitution to religious freedom,” Ayotte said on the Senate floor Wednesday. “So these protections are very important within this bill.”

Portman, who became the first sitting Senate Republican to endorse same-sex marriage after learning his son is gay, added in a statement that religious freedom was an “important” provision in ENDA and said he was “pleased” the measure quickly cleared the Senate. The amendment was approved by voice vote.

“We must make certain that in pursuit of enforcing non-discrimination, those religious employers are not subject to a different form of discrimination — government retaliation,” Portman said.

Portman, Ayotte and Sen. Pat Toomey (R-Pa.) were targets of intense lobbying on the Senate floor Monday evening, as their colleagues who support ENDA huddled with the trio in the Republican cloakroom to haggle over how to win their support for a procedural vote. It was during that negotiating session when the Republican senators secured votes on amendments aimed at bolstering protections for religious groups.

Toomey is pushing a separate amendment meant to broaden the number of groups covered under the religious exemption. That measure is still pending, and is expected to need 60 votes to pass.

Maine Sen. Susan Collins, a key Republican co-sponsor of the bill, said the Portman-Ayotte amendment provides a “very important protection against retaliation.”

The amendment had three other Republican co-sponsors: John McCain of Arizona, Dean Heller of Nevada and Orrin Hatch of Utah. Heller has said he supports the bill and Hatch backed it in committee; McCain has not yet offered his endorsement for ENDA but said he wanted the religious protections added to the bill.

The Senate voted to move forward on the bill on a 61-30 vote Monday night. Despite its likely passage in the Senate, ENDA is almost certain to die in the House, where the chamber’s top Republican — Speaker John Boehner of Ohio — said through a spokesman earlier this week that he opposes the bill.