Over the weekend, there was concern among some groups opposed to ENDA that White House Staffers had been involved in crafting the current version of the bill’s exemptions for religious organizations. (See our discussion HERE.)  Those groups believed that this made it less likely that the President would veto the bill. At least one pro-ENDA writer shared the same view.

Today, however, the White House sent a strong message in a Statement of Administrative Policy:

“The bill raises concerns on constitutional and policy grounds, and if H.R. 3685 were presented to the President, his senior advisors would recommend that he veto the bill.”

Specific reasons set forth in the Statement are:

• The bill is inconsistent with the right to free exercise of religion (gives example that schools that are owned by or directed toward a particular religion are exempted by the bill; but those that emphasize religious principles broadly will find their religious liberties burdened);
• The bill violates States’ immunity by allowing civil damage actions against State entities;
• The bill turns on “imprecise and subjective terms” (“perceived” sexual orientation and “association”); and
• Portions of the bill give significance to same sex marriage rights.

Several expected proposed floor amendments would address those concerns, though only the one offered by Rep. Miller (broadening the exemption for educational institutions) seems to have much chance of passing.

• WATCH LIST: Employment Non-Discrimination Act of 2007