If Dems say “Fairness Doctrine,” expect unfairness in spades. When Harry Reid tags Obamacare the “Patient Protection and Affordable Care Act,” we know that the patient gets hosed, and the “care” breaks the bank. Indeed, if the 111th Congress were to pass the “No Kicking Fuzzy Puppies Act,” bet your Obama tax hike that Nancy Pelosi would be first in line to punt Poochie across the Capitol Rotunda.
And so it goes with the characteristically mislabeled “Employment Non-Discrimination Act” or ENDA (S. 1584 in the Senate and H.R. 3017 in the House). According to its leftist proponents, ENDA – which is under consideration in both houses of Congress – would merely insulate people who choose to engage in homosexual conduct (sexual orientation) or those who suffer from gender confusion (gender identity) against employment discrimination. But in truth, this legislation would effectively codify the very thing it purports to combat: workplace discrimination.
ENDA would force – under penalty of law – Christian, Jewish or Muslim business owners to hire people who unrepentantly choose to engage in homosexual or cross-dressing behaviors, despite the fact that those volitional behaviors are in direct conflict with every major world religion, thousands of years of history and uncompromising human biology.
This is no different than compelling a deeply religious business owner to hire and accommodate an “out and proud” adulterous “swinger.” It’s a direct assault on the inalienable rights of people of faith. It pits the government directly against the free exercise of religion and is, therefore, unconstitutional on its face.
During his second term, President Bush issued a Statement of Administration Policy on ENDA, pointing out its clearly unconstitutional nature. “[ENDA] is inconsistent with the right to the free exercise of religion as codified by Congress in the Religious Freedom Restoration Act (RFRA),” noted the statement. “The Act prohibits the Federal Government from substantially burdening the free exercise of religion except for compelling reasons, and then only in the least restrictive manner possible. [ENDA] does not meet this standard.”
Matt Barber is founder and editor-in chief of BarbWire.com. He is an author, columnist, cultural analyst and an attorney concentrating in constitutional law. Having retired as an undefeated heavyweight professional boxer, Matt has taken his fight from the ring to the culture war. (Follow Matt on Twitter: @jmattbarber).