The author says it’s time for the GOP to act in a more inclusive and welcoming manner. Why the House must pass ENDA

On Thursday, the U.S. Senate passed legislation to protect gay employees from job discrimination with an overwhelming bipartisan vote. Republicans should support these protections, and I hope the GOP leadership in the House schedules the bill for a vote. It’s the morally right thing to do. No one should lose their job, or not get hired, because of their sexual orientation.

Allowing people to be successful in their workplaces is an essential piece of individual opportunity and liberty. Working for a living is one of America’s freedoms. It’s a virtue to be encouraged — and supporting it is important to the future of the Republican Party. In an era in which the government often punishes hard work and individual success, this bill encourages it.


At its core, the Employment Non-Discrimination Act is about individual liberty. All employees should be treated the same and be judged on their job performance. No one should receive special treatment, and no one should be fired because of their sexual orientation.

Since the 1960s, Congress has passed laws ensuring that employers can’t discriminate on the basis of race, religion or gender — personal characteristics that have nothing to do with how well someone does his or her job. These laws are widely accepted throughout our society. Who among us today would say an employer should have the right to fire someone because of their faith or the color of their skin? The same sense of fairness and respect should apply to the hundreds of thousands of qualified, hardworking Americans covered by ENDA.

After all, everyone has a right to earn a living — including gay, lesbian and transgender Americans.

I’m not the only one who feels this way.

According to a national poll done in September by GOP pollster Alex Lundry on behalf of Project Right Side, a strong majority of Americans (68 percent) said they favored a federal ENDA. Among Republicans, 56 percent nationwide supported the law, while only 32 percent opposed it. Additional statewide polling conducted by conservative pollster Jan van Lohuizen in the battleground states of Pennsylvania, Ohio and New Hampshire confirmed those findings.

It’s a little sad that these questions even need to get put to a poll, but old ways of thinking sometimes take time to change. The time for this change has arrived. In fact, many in the business community, recognizing the importance of a qualified, skilled workforce, are well ahead of the federal government.

Having been in the private sector since the end of the George W. Bush presidency, I’m not surprised. A large majority of Fortune 500 companies already have nondiscrimination policies on their books. And corporate titans like PepsiCo, Pfizer, Marriott, Alcoa, Bank of America and Nike publicly back the bill.

Now is time for the government to catch up so that nondiscrimination laws protect workers at all companies, not just some.

The reason there is Republican and business support for ENDA is simple: It’s reasonable. The bill respects many different viewpoints, allowing exemptions for religious organizations, for example.

I would oppose the bill if I thought it was written to encourage lawsuits that have more to do with enriching attorneys and less to do with fighting discrimination. But there is no evidence to suggest that would be the case, based on the experience of the states and municipalities that have already adopted ENDA-like policies and the growing number of businesses that have done the same. If Fortune 500 companies were concerned about lawsuits, they wouldn’t be tackling discrimination on their own.

Politically, it’s about time for the GOP to do the right thing while acting in a more inclusive and welcoming manner. Republicans need to expand our appeal and earn the support of millennials. The younger generation of Americans views gay rights differently than our parents’ generation, and as was noted in an assessment of the Republican Party I co-authored following the 2012 elections, issues like this are gateways into whether young people see the GOP as a party worthy of support.

Ten Senate Republicans voted in support of ENDA: Kelly Ayotte of New Hampshire, Susan Collins of Maine, Jeff Flake of Arizizona, Dean Heller of Nevada, Mark Kirk of Illinois, John McCain of Arizona, Lisa Murkowski of Alaska, Rob Portman of Ohio, Pat Toomey of Pennsylvania and Orrin Hatch of Utah, who said that ENDA “prohibits discrimination that should not occur in the workplace,” while it also “protects the rights of religious entities and minimizes legal burdens on employers.” In the House, only five Republicans are co-sponsors.

Other members of the House GOP caucus are, rightly, studying the issue and hearing from their constituents as the bill moves to the lower chamber. I hope they do the right thing by voting for ENDA.

Ari Fleischer was White House press secretary under President George W. Bush. He now runs a sports communications company.