The Employee Non-Discrimination Act, a bill that would prohibit employment discrimination on the basis of sexual orientation or gender identity, is expected to pass the Senate for the first time in its four-decade history tonight. But like all things good and decent, ENDA appears headed for an untimely death in the House, whose speaker, John Boehner, reiterated his opposition to the legislation today. “The Speaker believes this legislation will increase frivolous litigation and cost American jobs, especially small business jobs,” Boehner’s spokesman said. In other words: You can be sued for illegally discriminating against someone. Let’s prevent those lawsuits by not discriminating keeping discrimination legal.