You are very close to the current situation; the PC-crowd, coupled with secular interest groups, have the activist Judges in their corner, and it is RISKY, to be sure, to speak out on the issues. That's where we've gone on this, and extortion from deep pockets is a game lawyers always play where they can label a target company or individual a "homophobe", "bigot", "racist", etc. and force large settlements to themselves at the expense of someone else.
I see the civil suit/class action suit as the means to re-distribute wealth, regardless of merit, and the courts continue to allow it.
I don't see Tort Reform ever occurring in my lifetime, either.