Senate passes gay rights bill

The Senate on Thursday approved the Employment Non-Discrimination Act (ENDA) in a historic advance for the gay rights cause.

The upper chamber approved ENDA in a 64-32 vote, and 10 Republicans joined Democrats in supporting the bill.

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“Let the bells of freedom ring," Sen. Jeff MerkleyJeffrey (Jeff) Alan MerkleyOvernight Energy: Dems take on Trump's chemical safety pick Dem senator slams Trump for dedicating golf trophy to hurricane victims Dem senator compares Trump to Marie Antoinette MORE (D-Ore.), the lead sponsor of the bill, said Thursday. "The Senate has clearly spoken to end discrimination in the workplace."

The legislation would create federal workplace protections for gay and transgender people by banning employers from making hiring and firing decisions on the basis of sexual orientation.

The Republicans voting in favor of ENDA were Sens. Susan CollinsSusan Margaret CollinsGun proposal picks up GOP support Giffords, Scalise highlight party differences on guns Agricultural trade demands investment in MAP and FMD MORE (Maine), Mark KirkMark KirkGiffords, Scalise highlight party differences on guns Stale, misguided, divisive: minimum wage can't win elections Immigration critics find their champion in Trump MORE (Ill.), Lisa MurkowskiLisa Ann MurkowskiRepublicans jockey for position on immigration GOP senator knocks Trump: 'Not a fan of governing by tweet' How the effort to replace ObamaCare failed MORE (Alaska), Dean HellerDean Arthur HellerNevada senators urge airlines to enact new policies after Las Vegas shooting Dems plan to make gun control an issue in Nevada GOP establishment doubts Bannon’s primary powers MORE (Nev.), Kelly AyotteKelly Ann AyotteDems plan to make gun control an issue in Nevada Stale, misguided, divisive: minimum wage can't win elections Trump voter fraud commission sets first meeting outside DC MORE (N.H.), Rob PortmanRobert (Rob) Jones PortmanOvernight Cybersecurity: Equifax security employee left after breach | Lawmakers float bill to reform warrantless surveillance | Intel leaders keeping collusion probe open Reddit hires first lobbyists Senate panel approves bill compelling researchers to ‘hack’ DHS MORE (Ohio), Jeff FlakeJeffrey (Jeff) Lane FlakeAuthorizing military force is necessary, but insufficient Republicans jockey for position on immigration McCain, Flake warn against 'politically-motivated penalties' for Canadian defense firm MORE (Ariz.), John McCainJohn Sidney McCainRubio asks Army to kick out West Point grad with pro-communist posts The VA's woes cannot be pinned on any singular administration Overnight Defense: Mattis offers support for Iran deal | McCain blocks nominees over Afghanistan strategy | Trump, Tillerson spilt raises new questions about N. Korea policy MORE (Ariz.), Orrin HatchOrrin Grant HatchGOP eyes limits on investor tax break Children’s health-care bill faces new obstacles Overnight Finance: White House requests B for disaster relief | Ex-Equifax chief grilled over stock sales | House panel approves B for border wall | Tax plan puts swing-state Republicans in tough spot MORE (Utah) and Pat Toomey (Pa.).

Gay and human rights activists have been pushing ENDA for nearly two decades, starting with advocacy from the late Sen. Edward Kennedy (D-Mass.) in 1994.

ENDA passed the House in 2007, but had never passed the Senate until Thursday.

The victory for gay rights activists isn’t total, however, as the bill appears to be going nowhere in the Republican House.

Speaker John BoehnerJohn Andrew Boehner‘Lone wolf’ characterization of mass murderers is the epitome of white privilege Pelosi urges Ryan to create select committee on gun violence Ex-congressman Michael Grimm formally announces bid for old seat MORE (R-Ohio) says he opposes the bill because it would expose businesses to “frivolous lawsuits,” and conservative groups such as Heritage Action oppose it on the grounds that it would threaten First Amendment freedoms.

“The Speaker believes this legislation will increase frivolous litigation and cost American jobs, especially small-business jobs,” said John BoehnerJohn Andrew Boehner‘Lone wolf’ characterization of mass murderers is the epitome of white privilege Pelosi urges Ryan to create select committee on gun violence Ex-congressman Michael Grimm formally announces bid for old seat MORE spokesman Michael Steel.

President Obama heralded the Senate vote as "a tribute to all those who fought for this progress,” and pressed House Republicans to act on the bill.

"One party in one house of Congress should not stand in the way of millions of Americans who want to go to work each day and simply be judged by the job they do," Obama said in a statement. "Now is the time to end this kind of discrimination in the workplace, not enable it."

"Just as no one in the United States can lose their job simply because of their race, gender, religion or a disability, no one should ever lose their job simply because of who they are or who they love," Obama said.

The Senate vote brings activists one step closer to enactment of legislation that would create new workplace protections in all 50 states.

The prospects for passage of ENDA brightened earlier this year when nearly every Senate Democrat, including those from conservative-leaning states, announced their support for gay marriage ahead of the Supreme Court’s ruling against the Defense of Marriage Act.

Several Republican lawmakers, including Portman and Murkowski, also came out in support of gay marriage this year.

Polls have found a broad shift in public opinion toward acceptance of gay rights. A Gallup poll in July found that 54 percent of people in the United States think same-sex marriage should be legal, doubling the 27 percent support recorded in 1993.

"It is time for Congress to pass a federal law that ensures all our citizens — regardless of where they live — can go to work unafraid to be who they are," Senate Majority Leader Harry ReidHarry ReidChris Murphy’s profile rises with gun tragedies Republicans are headed for a disappointing end to their year in power Obama's HHS secretary could testify in Menendez trial MORE (D-Nev.) said ahead of the vote.

Under the bill, the Equal Employment Opportunity Commission would enforce the new workplace rules. Small businesses with fewer than 15 employees would be exempt.

The legislation also contains language that exempts religious organizations.

The Senate on Thursday adopted an amendment from Portman that would prevent government retaliation against religious organizations that don't hire someone because of sexual orientation or identity.

But Democrats rejected an amendment from Toomey that would have extended the religious exemption to any employer that is partially owned or funded by a religion or has religious affiliations — including universities.

Sen. Dan CoatsDaniel (Dan) Ray CoatsDon’t throw the baby out with the BATwater Overnight Cybersecurity: DHS bans agencies from using Kaspersky software | Panel calls Equifax CEO to testify | Facebook pulling ads from fake news Mueller investigation focusing on social media's role in 2016 election: report MORE (R-Ind.) said he supported Toomey and Portman's amendments, but argued they did not go far enough in making a "bad bill better."

"I feel it's vital for this body to stand up for our country's longstanding right to the freedom of religion and speech," Coats said. "For these reasons, I am not able to support this current legislation." 

— This story was updated at 3:09 p.m.