Heath Shuler Votes To Keep Discrimination Legal
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Heath Shuler voted with 159 Republicans and 24 Democrats to allow employers to discriminate against gay and lesbian employees. That is, he voted to give employers permission to fire employees solely because of their sexual orientation. The bill, Employment Non-Discrimination Act (ENDA), passed the House on a 235-184 vote, no thanks to Congressman Shuler, who again chose to give his homosexual constituents a raw deal.
Here’s what Shuler said in a press release regarding his opposition to ENDA. This is the statement in full:
“I oppose discrimination and bigotry in any and all forms. I was pleased to support Chairman Miller’s amendment to bring further clarification to this legislation. However, I was unable to support final passage of this bill because I believe there are still serious legal ambiguities in the legislation, which could lead to protracted and onerous legal challenges. I look forward to working with my colleagues to address these concerns as this legislation moves forward.â€
Shuler did not name a single “legal ambiguity”, nor did he explain why fear of legal challenges would outweigh taking a principled stance opposing “discrimination and bigotry”. Chairman Miller’s amendment made it certain that religious groups could continue discriminating and that this wasn’t some sneaky way to allow gays to marry. In otherwords, Shuler supported the amendment, which would allow and support continued discrimination, but he opposed the actual bill, which makes discrimination on the job illegal.
Shuler’s taken us to a dizzying new height of hypocrisy.
To illustrate my point, follow me through these dramatic analogies:
Congressman Shullair: “I oppose punching children in the face.”
Congressman Shullair: “I voted against the “Stop Punching Children In The Face” Act because of legal ambiguities.
Congressman Shullair: “I will vote for the “Stop Punching Children In The Face” Act only if we can be certain that children can still be slapped and kicked in the face.
…
Representative Heat: “I oppose discrimination”
Representative Heat: “I voted against the “Employment Non-Discrimination Act”
Representative Heat: “I would have voted for it, but there might be legal action and there might be problems and who knows what could happen and dogs and cats living together and Sodom and Gomorrah! But I did support the amendment that allowed religious folks to keep discriminating and made sure that gays won’t threaten Baptist marriages with their dirty homo ways.”
Basking in the national attention he’s garnering from his immigration bill (It’s called SAVE, and it’s all the rage), Shuler’s latest vote is another gift to his preferred constituency. Sectarian religious voting aside, here’s what Shuler wouldn’t support:
“
Why ENDA is needed. In 30 states, it is legal to fire someone simply because of his or her sexual orientation. Numerous recent studies have found that employment discrimination based on sexual orientation continues in our country. For example, a 2007 study found that 16 percent of lesbians and gay men reported being fired or denied a job because of sexual orientation.
What ENDA does. The bill prohibits employers, employment agencies and labor unions from using an individual’s sexual orientation as the basis for employment decisions, such as hiring, firing, promotion or compensation. In other words, the bill is extending federal employment protections to gay, lesbian and bisexual workers similar to those protections already provided to a person based on race, religion, sex, national origin, age or disability.
Where ENDA applies. Like other civil rights laws, ENDA applies to private sector employers with 15 or more employees, employment agencies, labor organizations, and joint labor-management committees. ENDA also applies to Congress and the federal government, as well as state and local governments.
Where ENDA does not apply. ENDA does not apply to employers with fewer than 15 employees. It also does not apply to members of the armed forces. In addition, ENDA excludes private membership clubs and religious organizations, such as religious corporations, associations, and schools. ENDA uses Title VII’s definition of a religious organization, such that if an organization is exempt from Title VII’s religious discrimination prohibitions, it will be exempt from ENDA’s prohibitions.
How ENDA works. ENDA authorizes the same enforcement powers, procedures and remedies that exist under current federal employment discrimination laws such as Title VII and the Americans with Disabilities Act. All individual relief that is available under Title VII is available under ENDA. However, unlike Title VII protections, ENDA does not allow an individual to bring a “disparate impact†claim. In addition, ENDA does not allow for affirmative action or quotas based on sexual orientation. “
So ENDA is working within an existing legal framework. There will be legal challenges, but that’s because bigots hate gay people, not because there’s something wrong with the law.
Shuler’s doubletalking again when it comes to his homosexual constituents. He did this earlier in the year when he voted against federal hate crimes legislation and told a reporter at the Asheville Citizen-Times that his religion teaches that “homosexuality is wrong”.
When you make your first vote in favor of homosexuals’ rights to work or live, then you can get a cookie for platitudes like “I oppose discrimination and bigotry”, Congressman Shuler. Until we see an anti-discrimination or anti-bigotry vote, then it’s all hypocritical rhetoric. You just keep chasing your sectarian religious voters, Heath, and know that discrimination suffered a blow today despite your unwillingness to oppose it.
Here’s what someone who is opposed to discrimination and bigotry sounds like:

23 Comments
November 8th, 2007 at 9:12 am
Heath is a particularly good example of why I don’t prefer partisan elections. He has taken perfectly good Democratic Party money, maybe some from the participants on this blog, without explaining very carefully exactly how someone from Swain County thinks. And, I don’t think you would want to hear it for that matter.
It’s not so much that he is a hypocrite, it’s that you probably think that you’re his constituents- well, you’re not.
The ghost of the tradition of classical liberalism and the Democratic party in WNC faded away with Jamie Clark.
I have to apologize in advance for trolling or snarking your blog here, but this election cycle has been fascinating. Everything seems to be very candidate focused: candidate profiling, sniping, analyzing and expressed disappointment for a given candidate.
Brownie, Robin and Holly voted for the Ellington. They are also voting for Horizons. I guess I’m inviting some serious criticism by asking, “Do you know why they are doing this?” Is Heath a surprise to you? Really?
And now you’re going to put some time, hope and energy into discovering McHenry’s challenger? I applaud your energy, and I generally don’t have a great deal of sympathy for white stress, but it is painful to watch the optimism and hope get smashed with every election and voting cycle.
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November 8th, 2007 at 9:38 am
hodi,
I always enjoy reading your comments. We’re not going for unanimity of opinion.
One funny thing I’ve noticed is that when I point out Shuler’s stance on civil rights as it pertains to his homosexual constituents, I’m often asked “Are you surprised?” or “What did you expect?”
The answers to those questions are (1) No; and (2) I expect my representatives to look out for the people that elected them.
The inference is that since we all know that Heath hates on homos we shouldn’t criticize it when it happens.
As to your Brownie, Robin, Holly observation, I don’t know what point you’re making. Expand or clarify?
Lastly, what’s “white stress” and while it’s painful to have our elected officials fall short of our ideals, it is vital to continue advocating those ideals. We must have our stars to steer by, or we won’t have any direction at all.
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November 8th, 2007 at 10:36 am
Here’s how our NC delegation voted:
Butterfield (D) -YEA
Etheridge (D) – YEA
Jones (R) – NAY
Price (D) – YEA
Foxx (R) – NAY
Coble (R) – NAY
McIntyre (D) – NAY
Hayes (R) – NAY
Myrick (R) – NAY
McHenry (R) of all people – NAY
Shuler (D) – NAY
Watt (D) -YEA
Miller (D) – YEA
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November 8th, 2007 at 11:33 am
We all knew that Heath Shuler would be with us on some issues and against us on others. This is simply the nature of the district he represents — rural, conservative, and one that elected Charles Taylor for 16 years. In short, there is much, much more to the district than downtown Asheville. I may not like Shuler’s vote on this issue, but I’d rather have 50% of the something he gives us than the 100% of nothing we got from Charles Taylor or would get from The Mumps.
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November 8th, 2007 at 12:52 pm
Maybe he’s waiting until the bill includes churches, private businesses under 15 employees, schools and private clubs? That way he would really be protecting his constituents! Go for the global, Heathums.
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November 8th, 2007 at 12:53 pm
White stress is the type of stress you get when you have problems that are relatively fantastic, such as having a city that is so popular, so in demand and so pleasant to live in that your problem becomes how to slow it down. WNC Alliance may have white stress over a USFS timber sale while you have little concern over the same topic from minority groups who have more immediate daily problems. This is of course really more of a socio-economic description as loosly found in comments here: http://www.orionmagazine.org/index.php/articles/article/462/
I like your comment about “stars to steer by” and am frustrated that we have been beaten down to the point that our “stars” are basically the lesser of two evils or the best that we’ve got. While a vote on civil rights may not be suprising to you, there are a whole ‘nother slate of topics that run exactly the same way until you’re left with a representative who is too far away. I question whether or not he should be branded a hypocrite. I don’t side with him but I also don’t feel mislead by him.
This is all assuming that you actually listen to and quote the statements of poiticians. You have well proven the hypocrisy with his own quotes and actions; I guess I just wouldn’t listen to the quotes in the first place. That must be where the “suprised” part of my comment comes from.
It takes a lot less energy to say “Are you surprised by this?” than to properly phrase the question and ask “What is it about this guy that you were so enthusiastically supporting during the election?” ‘Cause now you’ve got to bring him down for basically voting his values. That’s a lot of energy coming and going.
Our seasoned council members now understand that they have to vote for these projects lest they be overturned in court for being arbitrary and capricious. You can’t simply vote against a project for posturing or because you feel like it. (Or I suppose you can, as Mumpower does, but he does it very carefully). We need a candidate who is going to start the onerous process of reworking the UDO. This was Elaine’s general idea but I think the call has already been made on whether this should have been announced in the form of a moratorium first – so I’ll shut up now.
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November 8th, 2007 at 1:06 pm
I’m not saying “support Army of Mumpower”. I’m saying that our representative is voting for discrimination. That’s wrong.
After Shuler’s statement last night about this though, I’m wondering if he’s the most honest man in the race.
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November 8th, 2007 at 1:18 pm
I could say something choice about McHenry but today I’ll be positive and copy my comment from your post at BlueNC:
I love that video. Me particularly likey John Lewis. I could listen to him all day.
He had me at:
I never get enough of hearing that phrase.
But he got on a roll with these:
But you really need to hear it.
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November 8th, 2007 at 2:18 pm
Shuler is pandering to his base, the base that got him elected, and that ain’t progressive Democrats. This wasn’t (for Shuler) a vote about right vs. wrong, but about winning election in a Bible-belt district, if he can square that with his conscience then bully for him, but I certainly aint voting for him again.
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November 8th, 2007 at 2:20 pm
“‘Cause now you’ve got to bring him down for basically voting his values.”
When Shuler said “homosexuality is wrong”, I thought he was speaking to his values. If he said, “Those homos are just going to have to deal with second-class citizenship”, that’d be honest. But to claim to oppose discrimination and bigotry in all its forms then fail to actually oppose discrimination when the opportunity presents itself?
That’s dishonest, and it’s not acceptable.
Mumpower’s a nightmare, but he’s an honest nightmare. If Shuler’s not careful, I won’t be the only one questioning his veracity.
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November 8th, 2007 at 2:24 pm
One of the real tragedies about this was that he currently has the political cover, due to his widely celebrated SAVE bill, to have voted according to his stated values. He chose to throw gays under the bus again instead of using a smidgen of his popularity to stand up for his gay constituents.
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November 8th, 2007 at 3:48 pm
By the way, the great news is that discrimination against homosexuals based on their sexuality was rejected by the majority. A step in the right direction whether Shuler liked it or not.
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November 8th, 2007 at 5:05 pm
Yeah. What if a bunch of rabid lesbians attack me because I’m straight. I need protection.
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November 8th, 2007 at 5:55 pm
C’mon, Andrew, you’re killing me here. Is this what we’ve got to do to show that Heath’s not tied to Pelosi at the hip? And he’s one of only 25 Dems (out of 233) voicing any such concerns? Except for Republicans?
It’s just a good thing there were no legal ambiguities and troublesome lawyers around when the Supremes ruled on Brown v. Board, when Congress set up the EEOC, or to prevent Democrats from voting for the Civil Rights Acts, the Voting Rights Act, Public Accommodations Acts, the Equal Pay Act, Age Discrimination in Employment Act, the Americans with Disabilities Act, etc., etc.
Only one thing to do:
“The first thing we do, let’s kill all the lawyers.†— Dick the Butcher, Henry VI, Part 2, act 4, scene 2.
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November 8th, 2007 at 6:12 pm
Rep. John Lewis: “The time is always right to do right.â€
Rep. Heath Shuler: “I was unable to support final passage of this bill because I believe there are still serious legal ambiguities in the legislation, which could lead to protracted and onerous legal challenges.â€
…takes a lot more words to rationalize bigotry than it does to demonstrate character.
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November 8th, 2007 at 6:27 pm
This was in my inbox today. It doesn’t have anything to do with civil rights. Shuler wants to make sure we don’t ship jobs overseas even though he doesn’t mind if domestic employers discriminate:
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November 8th, 2007 at 11:33 pm
Interesting that no one here even mentioned that the version of ENDA that was voted on is not the original bill, but a version which excludes transgendered people from protection against discrimination. Talk about being thrown under the bus…
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November 9th, 2007 at 12:06 am
You’re right, Jessica. Barney Frank dumped Ts because he didn’t have the votes.
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November 9th, 2007 at 12:58 am
Here’s Pam Spaulding’s take on the T-exclusion (notwithstanding Barney’s lisp)
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November 9th, 2007 at 2:08 pm
Sorry Gordon. From what I’ve seen, the votes would have been there. I’ve spoken with Mara Keisling on several occasions, have been following this for quite a while. I was there at Southern Comfort when Joe Solomonese gave his stirring speach and then turned tail when Frank refused to support a trans-inclusive ENDA. On a local note, Asheville has a thriving Transgender community and has one of the oldest (21 years) open Transgender support groups in the country, Phoenix Transgender Support.
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November 9th, 2007 at 2:47 pm
You know more about it than I do, Jessica, so thanks for filling us in. I do know that Asheville has a thriving Transgender community that needs protection from discrimination as much if not more than other minority groups.
So what’s the plan?
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November 9th, 2007 at 3:05 pm
John Aravosis at AMERICAblog has results of a poll:
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November 9th, 2007 at 6:17 pm
The plan? Education, for one thing. Dispelling the myths that are out there. Supporting businesses that are trans-friendly, both in employment and in how they deal with the public. Celebrating the accomplishments of transgendered people. Supporting transgendered youth. Encouraging transgendered people to be as open as they possibly can, so that people can see us as human beings.
November 2oth is the National Transgendered Day of Rememberbrance, for more info, go to http://www.rememberingourdead.org
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