Meanwhile, the whip count on ENDA, which Obama also backs, is entering its fifth week. The effort has most recently focused on rechecking support among Members thought to be more comfortable with the legislation than politically imperiled moderates who have raised most of the concerns, one source familiar with the effort said. That, the source said, bodes well for its progress. But many Members remain officially undecided and have quietly voiced frustrations about the prospect of taking a tough vote that they see as a distraction from an agenda focused on job creation.
“It seems to run contrary to what the Speaker said a few months back about focusing on jobs and moving away from these controversial items,” one senior Democratic aide said. “Anything that’s not specifically tied to keeping the economy going raises red flags for folks.”
But Frank said that he is optimistic about the vote count and that transgender protections will remain in the bill.
“There’s no chance of doing it without it,” he said of the transgender protections.
Frank said he’s told wavering Democrats that “the principle is the same. It’s discrimination.”
He said concessions were made in the drafting of the language to address moderates’ concerns. For instance, Frank said, transgender people with “one set of genitals” would not be able to go to a bathroom for people with another set of genitals.
And, Frank said, they also would have to have a “consistent gender presentation” in order to be able to sue for discrimination.
“They can’t sit there with a full beard and a dress,” Frank said.
We’re going to need to make a lot of calls, folks. Stay tuned.