HSLDA: Calls Needed to Stop Federal

'Employment Non Discrimination Act'

Dear HSLDA Members and Friends,

We have just heard that the full U.S. House of Representatives is likely to vote on H.R. 3685, the Employment Non-Discrimination Act, as early as tomorrow or Wednesday.

ENDA would prohibit employment discrimination on the basis of "actual or perceived sexual orientation." Every business or organization with more than 15 employees would be barred by federal law from refusing to hire a person because of the person's sexual orientation. Although the bill exempts "religious organizations," this exemption would likely result in expensive, time-consuming lawsuits to determine if the employer was a "religious organization." Organizations such as HSLDA and religiously based homeschool organizations or co-ops with 15 or more employees could face such lawsuits. Attempts to amend ENDA to protect the religious freedom of employers and employees were defeated in the House Committee on Education and Labor.

ACTION REQUESTED

We urge you to call your U.S. Representative and urge him or her to oppose H.R. 3685, the Employment Non-Discrimination Act. It is not necessary to identify yourself as a homeschooler. Your message can be as simple as, "Please oppose H.R. 3685, the Employment Non-Discrimination Act. Congress should not tell private employers whom to hire or make sexual orientation a protected class."

You can reach your U.S. Representative by calling the Capitol Switchboard at 202-224-3121, or by using our Legislative Toolbox at http://capwiz.com/hslda/dbq/officials/

BACKGROUND INFORMATION

ENDA contains a religious exemption which simply says, "this Act shall not apply to a religious organization." However, the definition of a religious organization is extremely vague. Judges would likely rule on whether an organization is a "religious organization" based on differing state laws. Even if a judge ultimately ruled that an organization is religious and could refuse to hire someone based on that person's sexual orientation, many organizations could face expensive lawsuits. Consequently, ENDA could result in costly, time-consuming lawsuits against organizations such as HSLDA, Christian schools, large homeschool support groups and co-ops, and others.

At the House Committee on Education and Labor markup on Thursday, October 18, several congressmen warned about the dangers that ENDA posed to religious organizations. They warned that ENDA could force these religious employers to have to hire people whose sexual orientation is opposed by the organization's beliefs and mission objectives. Several amendments were introduced to protect the religious freedom of employers and to ensure that ENDA would not result in lawsuits against religious organizations. However, all of these amendments were defeated.

Furthermore, ENDA will open the door to more federal laws which would restrict the freedom of employers, and possibly even organizations and churches, from deciding whom they will hire.

For more information please see HSLDA's analysis of ENDA at

http://www.hslda.org/elink.asp?id=4472 .

Thank you for standing for liberty.

Sincerely,

J. Michael Smith

President, HSLDA