Arguments in favor of ENDA

Most proponents of the law intend it to address cases where gay, lesbian and/or transgender employees have been discriminated against by their employer because of their sexual orientation or gender identity. Currently, these employees are unable to find protection in the judicial system of most US states. Proponents argue that such a law is appropriate in light of the US Constitution's guarantees of equal protection and due process to all. Advocates say that being gay, lesbian, bisexual or transgender is not a "lifestyle," but an identity[4], and that the "special rights" argument does not apply to a group subject to widespread prejudice. According to a study published in 2001 by the Williams Institute at the UCLA School of Law, reports of discrimination based on sexual orientation are roughly equal to those on race or gender.[5] There are also studies showing that local anti-discrimination laws are ineffective, and federal law is needed.[6]

The bill exempts small businesses, religious organizations and the military. Religious businesses (such as Christian book stores) are not exempted.

Cost estimates from the Congressional Budget Office from 2002 show that the EEOC estimated that their complaint caseload would rise by only 5 to 7%.[7] Regarding constitutionality, the act incorporates language similar to that of [Title VII of the Civil Rights Act of 1964] which has consistently been upheld by the Courts.