[Congressional Record Volume 153, Number 177 (Thursday, November 15, 2007)]
[Extensions of Remarks]
[Page E2436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               EMPLOYMENT NON-DISCRIMINATION ACT OF 2007

                                 ______
                                 

                               speech of

                      HON. CATHY McMORRIS RODGERS

                             of washington

                    in the house of representatives

                      Wednesday, November 7, 2007

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 3685) to 
     prohibit employment discrimination on the basis of sexual 
     orientation:

  Mrs. McMORRIS RODGERS. Madam Chairman, I rise today in opposition to 
the Employment Non-Discrimination Act because I believe it erodes our 
family values and the foundation of our Nation.
  All people should live without fear of harassment. However, this 
legislation would create a newly protected class based on ``perceived'' 
sexual orientation. The term ``perceived'' and how it applies to the 
workplace will be subject to endless litigation and will ultimately be 
defined by the court system. It will open the door for anyone of any 
sexual orientation to claim to have been discriminated against on the 
basis of perceived sexual orientation. I am disappointed that this will 
become the latest example of unelected officials deciding an issue for 
the Legislative branch.
  Meanwhile, faith-based institutions such as summer camps, Bible book 
stores or Christian schools will be the ones held hostage. The bill 
inappropriately excludes the hundreds or even thousands of religious 
schools that identify themselves as non-denominational. Unfortunately, 
the definition of a religious organization does not adequately cover 
religious schools that are not ``controlled, managed, owned, or 
supported by a particular religion, religious corporation, association 
or society.''
  To attempt to meet exemptions, these faith-based institutions would 
be subject to highly inappropriate federal intrusion into their 
religious activities to determine, in essence, if they are religious 
``enough.'' Meanwhile it puts schools that are not directly associated 
with a church at risk. In Baltimore Lutheran High School Assn v. 
Employment Security Admin., 490A.2d 701 (Md. 1985), an unemployment 
case, the Maryland Court of Special Appeals ruled against the school 
declaring it was not ``operated primarily for religious purposes.'' 
However, the school conducted mandatory chapel services and attempted 
to integrate a distinctly Christian worldview into all of it courses.
  As this current bill would result in a fundamental departure from the 
longstanding framework of the Civil Rights Act, widespread litigation, 
a trampling of hiring protections for many faith-based institutions, 
and an undermining of state laws that define and protect marriage, I 
will vote to oppose it.

                          ____________________