Andrew Sullivan is gay and an outspoken activist against discrimination directed at the GLBT community. Even so, he has his doubts about the future effectiveness of a new workplace anti-discrimination law. I found it interesting that one of his points is that business has moved on:
At the same time, the private sector has forged ahead of government, acting rationally to get the best set of employees possible. The Human Rights Campaign annual report (pdf) on voluntary corporate anti-discrimination policies gives us the latest: 88 percent of Fortune 500 companies have non-discrimination policies with respect to homosexuality, and 57 percent also include gender identity in their policies. The progress in the private sector over the last ten years has been remarkable, and HRC can rightly feel proud of their work engaging corporations. But that, of course, suggests that government itself may not be the best way to protect gay employees.
He also notes states that have passed similar legislation do not seem to have had a lot of litigation under these statutes.
In the end, he doesn’t object to Congress passing ENDA, he just doesn’t think it will do much.