As I noted in a prior post, it would be preferable if the Supreme Court ruled that existing sex discrimination laws covered sexual orientation and gender transition (perhaps unlikely, post-Kennedy) than if Congress were to pass the sweeping Equality Act, with its greatly expanded definition of public accommodations to include small creative-services providers and its crippling of the Religious Freedom Restoration Act—not to mention defining “sex” as gender presentation without any pretense about physical transitioning (meaning bio-males in women’s locker rooms and sporting competitions, based on their identity “presentation”).
If the Supreme Court were to expand existing Title VII civil rights protections to gay and transgender people, Democrats and LGBT intersectional progressives would still try to pass the Equality Act—but they’d have to do so arguing in favor of its more extreme provisions instead of presenting it as a jobs discrimination bill.