“There is no doubt that this legislation will lead to endless, excessive litigation that will further bog down our courts at a high cost to employers, workers, and taxpayers. For example, the bill purports to protect workers based on their ‘perceived’ sexual orientation – a highly subjective concept that is bound to tie the legal system in knots. Congress would be well-served to focus on ways to reduce the amount of frivolous lawsuits, not compound the problem by adding new, obscure ways for trial lawyers to game the system.
“This legislation also drastically weakens religious freedom in the workplace and puts activist judges in the position of imposing same-sex marriage and civil union laws on states. Simply by using ENDA as the basis of their decisions – just as state Supreme Courts have done with state-level ENDA laws in the past – liberal judges will be empowered under this legislation to single-handedly undermine state and federal marriage laws across the country. I’m disappointed that the Majority turned back a straightforward proposal offered by House Republicans to protect state and federal marriage laws from being overturned, modified, or restricted by activist judges as a result of this deeply flawed legislation.”