Jeff Merkley bends the arc toward justice; and wins Republican support along the way.

Kari Chisholm

In 2007, Speaker Jeff Merkley made it a personal priority to pass a state law barring employment discrimination against LGBT Oregonians. After his election to the U.S. Senate, Senator Ted Kennedy -- who was quite ill -- asked him to pick up the torch for the federal ENDA bill.

This week, Senator Merkley's work will pay off. And he'll pass this historic civil rights bill with bipartisan support.

Last night, in its first test vote, the Senate voted 61-30 in favor of ENDA. It was just a cloture vote on a motion to proceed (oh, the Senate, with its arcane procedures) but it's a clear sign that by sometime this week, the Senate will complete its debate, vote to end debate (60 votes req'd), and then vote up or down on final passage (50 votes req'd).

Merkley's long, hard road has brought us to a point where all 55 Senators on the Democratic side of the aisle - including some from pretty red states facing tough elections next year - support the bill. And not only that, but GOP Senators Mark Kirk (IL) and Susan Collins (ME) co-sponsored it. Also voting in favor were GOP Senators Kelly Ayotte (NH), Orrin Hatch (UT), Dean Heller (NV), Rob Portman (OH), and Pat Toomey (PA). Senator Lisa Murkowski (AK) wasn't present for the vote, but is expected to support it.

The O's Jeff Mapes reports that Merkley even visited the Republican Senate cloakroom to win over some votes:

Merkley, one of the lead sponsors of the Employment Nondiscrimination Act, went into the Republican cloakroom off the Senate floor to hash out the final terms of an amendment to the bill with Sens. Kelly Ayotte, R-N.H., and Rob Portman, R-Ohio, according to aides. ... The amendment was aimed at ensuring that employers who use the religious exemption to the bill wouldn't be cut out of participation in federal programs.

Once it passes the Senate, it'll head over to the House.

Through a spokesman, Speaker Boehner reiterated his opposition. But his two arguments against it are actually rather contradictory.

Boehner spokesman Michael Steel said on Monday that ENDA would “increase frivolous litigation and cost American jobs, especially small business jobs.” In a follow-up comment, a Boehner aide told the Huffington Post that the speaker’s position was “not news” — he voted against ENDA in 2007 — and that the protections afforded by the bill are already “covered by existing law.”

The idea that LGBT workers are protected against discrimination is just flatly wrong. (Paging Politifact!) But if they already are covered, then there's no way that codifying those protections in a single law would cost jobs. It's just plain silly.

The pessimists are probably right here; but if there's one thing we've seen again and again in recent years, it's that public opinion on gay rights is fluid, and can be dramatically influenced by real world events. With key players in the business community supporting ENDA, I'm not at all certain that the word of Boehner's spokesman (and note: it came from a spokesman) is the last word on this. Put me down as an inveterate optimist.

By Kari Chisholm Nov. 05, 2013