Toomey votes for gay-rights bill

WASHINGTON - Sen. Pat Toomey of Pennsylvania on Thursday joined nine other Republicans in a bipartisan vote hailed as a historic victory for gay rights, helping the Senate pass a bill barring workplace discrimination based on sexual orientation or gender identity.

The Employment Non-Discrimination Act (ENDA), a priority for gay-rights advocates since its introduction in 1994, cleared the Senate on a 64-32 vote, the lopsided result illustrating the sea change in the politics around issues concerning gays, lesbians, and transgender people.

"Every individual is entitled to dignity and respect and fairness," Toomey said on the Senate floor before casting a vote that once again moved him toward the middle on social issues. "A person's sexual orientation is irrelevant to their ability to be a good doctor, engineer or athlete or a federal judge."

Sens. Bob Menendez (D., N.J.) and Cory Booker (D., N.J.) also supported the bill. Bob Casey (D., Pa.), was absent - he was with his wife, who had heart surgery this week - but had supported the measure in an earlier procedural vote and issued a statement of support.

"ENDA passes!!!" Booker tweeted from the Senate floor after his first major vote.

As he voted, Sen. Kirsten Gillibrand (D., N.Y.) called out: "Good vote, Cory!"

Democratic support, though, was a given. Toomey's vote was more complicated.

Conservative on most social issues, he was intensely lobbied by gay-rights groups in the weeks leading up to the vote. Toomey had proposed an amendment to broaden the bill's exemptions for religious groups - an idea opposed by most ENDA supporters - but he voted for the bill even after his proposal was defeated.

"No civil rights movement goes anywhere without bipartisan support, so this is really a significant milestone moment, not only in terms of the bill but in terms of the march for equality," said Republican Malcolm Lazin, executive director of the Philadelphia-based Equality Forum, a national and international LGBT civil rights group focused on education.

The bill, though, still faces strong opposition in the Republican-controlled House and might not come up for a vote there.

Toomey, who has made fiscal issues his top priority, has been steadfastly conservative when it comes to borrowing, spending, and taxes. But with the prospect of a tough 2016 reelection fight in a state that has tilted Democratic, he has shown a moderate streak on cultural issues - most notably on ENDA and in his cosponsorship this year of a bill to expand background checks for gun purchases.

Politically, those middle-of-the-road stands are likely to play well in the moderate Philadelphia suburbs, where swing voters can help Republicans overcome Democrats' advantages in cities.

But Toomey's vote is sure to displease some social conservatives. His stand sets him apart from Republicans who control Pennsylvania's legislature and who have blocked similar state-level bills. Toomey seems to be banking on his fiscal bonafides to maintain his standing with the conservative base.

"Pennsylvania is a state that is trending blue, and given the reelection campaign that he'll wage, we think this is a vote that actually helps him," said Tico Almeida, president of Freedom to Work, a group dedicated exclusively to passing ENDA.

The group pressed six Republicans, including Toomey, to back the bill. "We applaud him for standing on the right side of history," Almeida said.

Ben Haney, a gay Republican in Philadelphia, called opposition to LGBT rights "a nonstarter for most Americans under 40."

Haney wrote in an e-mail, "If the GOP wants to reverse its losing streak, it would be wise to follow the lead of Sen. Toomey."

The ENDA bill would build on federal law that bars employers from making personnel decisions based on sex, race, or national origin. It would ban employers with 15 or more workers from using a person's sexual orientation or gender identity as a factor in hiring, firing, pay, or other decisions.

Groups that are primarily religious would have the same exemptions as in current civil rights laws.

Toomey's amendment would have expanded those exceptions to include institutions that are not primarily religious, but are affiliated with a specific faith - such as schools or hospitals. He argued that his plan would protect the free exercise of religion.

Democratic opponents said it would have opened the door to discrimination by for-profit businesses with faint religious ties.

The amendment was defeated, 55-43.

Toomey then voted for final passage of the bill, saying he hoped the House would adopt his ideas.

"I have long believed that more legal protections are appropriate to prevent employment discrimination based on sexual orientation," he said in a news release. "I also believe we need to strike a reasonable balance between protecting workers and protecting religious freedom."

Heritage Action, the political arm of the conservative Heritage Foundation, had urged a "no" vote on ENDA, arguing that it would trample religious freedom and unfairly interfere with private businesses.

But, in another sign of the shifting political tides, Senate Republicans mounted almost no resistance to the bill. Few spoke out against it.

State Rep. Chris Ross, a Chester County Republican, said he hopes Toomey's stand spurs action on a similar plan he has sponsored at the state level.

"We've been struggling with this in Pennsylvania," Ross said. "Having our senator stand up and say that he believes that it's time to move forward and really make a statement . . . is, I think, very important."