Mr. President, the bill before us today, the Employment Non-Discrimination Act, contains a very carefully negotiated bipartisan religious exemption provision. The amendment before us right now significantly expands that provision, and I rise to share why I believe it would be unwise to do so and urge my colleagues to oppose the amendment. Religious organizations are not touched by this legislation. They can use an individual's sexual orientation or gender identity in their employment decisions if they choose to. ENDA does apply, however, to businesses and entities that are not primarily religious in purpose and character. Just as with other civil rights legislation and in laws protecting individuals from discrimination on the bases of race, sex, national origin, religion, age, and disability, a capable employee in a nonreligious business should not be fired--or not hired--because of his or her boss's religious beliefs. The amendment offered by Senator Toomey would broaden this exemption to allow an employer to be exempt from ENDA if it is affiliated with a particular religious organization, even if it engages primarily in secular activities. Allowing this type of exemption could be interpreted so broadly that it could negate the bill and its important protections for American workers. The provision of this bill that this amendment seeks to modify is the product of a long and significant bipartisan negotiation and compromise. I ask unanimous consent for 2 additional minutes.…
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