Congress considers gay legislation

Wary conservative leaders, as well as gay-rights advocates, share a belief that at least two measures will win approval this year: 1) a hate-crimes bill that would cover offenses motivated by anti-gay bias, and 2) a measure that would outlaw workplace discrimination based on sexual orientation.

Also on the table ? although with more doubtful prospects ? will be a measure to be introduced Wednesday seeking repeal of the “don’t ask, don’t tell” policy that bans openly gay and lesbian Americans from serving in the military.

If approved by Congress, the bills would head to the White House. Activists on both the left and right are unsure whether President Bush would sign or veto them.

For gay-rights leaders ? whose efforts to legalize same-sex marriage have been rebuffed by many states ? the congressional votes are keenly anticipated after years of lobbying.

The workplace bill ? titled the Employment Non-Discrimination Act, or ENDA ? is the subject of behind-the-scenes negotiations. The bill that emerges is expected to expand on earlier versions to cover not only sexual orientation but also gender identity, thus extending protections to transgender employees. Churches and small businesses would be exempt.

For many Americans, ENDA’s provisions would be familiar. More than 85 percent of the Fortune 500 companies include sexual orientation in their non-discrimination policies, as do 17 states and many local governments.

And publicly, there is increasingly little tolerance for overt anti-gay bias. The National Basketball Association swiftly repudiated retired all-star Tim Hardaway after he spoke this month of hating gays, while TV actor Isaiah Washington apologized and sought counseling after using a gay slur in reference to a fellow actor on “Grey’s Anatomy.”

Advocacy groups also say there have been huge strides in regard to protections for transgender people ? with nine states, scores of major corporations and more than 70 colleges and universities now banning discrimination based on gender identity.

California’s ban, in effect since 2003, has not triggered a flood of litigation, but it has prompted employers to proactively improve their policies for dealing with transgender employees, said Shannon Minter, legal director of the National Center for Lesbian Rights.

Tony Perkins, president of the conservative Family Research Council, contended that gay-rights groups exaggerated the extent of anti-gay bias as part of a broader push to achieve their political goals.