Desperate to shift attention away from their poor policy record in the run-up to elections this fall, Democrats continue their push for House passage of the Employment Non-Discrimination Act (ENDA) – a law designed to create special protections for the categories of sexual orientation and gender identity at the expense of the freedoms of association, speech, and religion. While prospects for passage in the House are bleak, the administration has begun moving ahead on its own to advance a radical new understanding of sexuality in the law.

Most recently, the Equal Employment Opportunity Commission (EEOC), an administrative agency charged with enforcing federal employment non-discrimination laws, has filed two lawsuits against businesses in Florida and Michigan charging that a funeral home operator and an eye clinic discriminated against their respective transgender employees by ending their employment as the employees began to transition to the opposite sex.

Since ENDA is not law, the EEOC is relying on a prior agency ruling from 2012 as their legal basis for suing these private business owners. That ruling interpreted the current civil rights protections banning discrimination on the basis of sex – something no one questions – as also now including a prohibition on discrimination on the basis of gender identity or gender stereotyping. The EEOC’s interpretation – and announcement of their inaugural enforcement efforts – reveal the very real costs associated with redefining sex in law.

Congress has repeatedly declined to amend civil rights law to include the categories of sexual orientation and gender identity – for good reason. The American people and many of their representatives continue to recognize that the categories of sexual orientation and gender identity are fundamentally distinct from sex. Furthermore, they and we recognize that mandating special protections for individuals based on their self-determined sense of gender sacrifices the ability of faith communities, family business owners, and organizations to operate according to what is best for their entities and in accordance with their consciences. While the administration moves forward in applying the principles of ENDA in agency rulings and decisions, we remain committed to stopping Congress from passing this sweeping, anti-freedom legislation.

Navy Lodges Booked Again

During the summer, FRC twice let you know about developments in an attempt to allow the removal of Gideon Bibles from Navy-run lodges and inns by base commands. In early September, the Navy reversed course. At the same time the members of the Restore Military Religious Freedom Coalition, led in part by Lt. Gen. Jerry Boykin from FRC, sent a powerful letter to the Secretaries of Defense and Navy advising that they need not allow themselves to be pushed to remove the Bibles by secular groups. DOD was on strong constitutional footing.

In fact, the Coalition argued that while the Navy reconsiders its policy, the DOD should take the occasion to make sure that all military branch lodges and inns allow the placement of Gideon Bibles – and other analogous religious reading materials – in such facilities. Well, General Boykin and the Coalition received a response from the U.S. Navy today. The letter noted that the June 9 directive moving toward Bible removals had been rescinded. We also learned that the Bibles have been “returned to Navy Lodge guest rooms.” That is good news.

Additionally, the Navy is conducting a policy review “to help in formulat(e) departmental policy regarding the acceptance and placement of donated religious materials” in facilities like the inns and lodges. Rest assured that FRC and the Coalition will continue to monitor the situation and will keep pushing all of the DOD to have an open door policy that is non-discriminatory and recognizes the spiritual needs of the men and women who stay at these facilities and other visitors’ quarters.

This is a publication of the Family Research Council. Mr. Perkins is president of FRC.