President Barack Obama plans to sign an executive order Monday that will ban job discrimination on the basis of gender identity and sexual orientation among federal employees and contractors–and it will not include an exemption for religious organizations.
The order ensures that federal employees and contractors, who are already protected on the basis of sexual orientation, will formally be protected from discrimination based on gender identity. It will affect some 24,000 companies with 28 million workers total, or about a fifth of the country’s work force, according to the Associated Press.
“At a critical time for our nation’s economy, we need all of our workers to be focused on making the most of their talent, skill, and ingenuity, rather than worrying about losing their job due to discrimination,” said a White House official. “Discrimination is not just wrong, it also can keep qualified workers from maximizing their potential to contribute to the strengthening of our economy.”
When the upcoming order was first announced on June 30–the last day of LGBT Pride month and shortly after the Supreme Court handed down the Hobby Lobby decision–a handful of Christian leaders including pastors Rick Warren and Joel Hunter wrote Obama a letter asking him to exempt religious organizations. They soon received pushback–more than 100 faith leaders wrote Obama last week asking that he not include an exemption. That group, which included Christian, Muslim, Jewish and interfaith leaders, said such an exemption would only open a “Pandora’s Box inviting other forms of discrimination.” Serene Jones, president of Union Theological Seminary, wrote in an op-ed for TIME that asking for such an exemption was “theologically indefensible.” Former Congresswoman Kathy Dahlkemper (D-PA), who had originally signed the letter asking for a religious exemption along with Warren and Hunter, apologized last week, calling her initial decision to sign the request “an error in judgement,” and asked that her name be removed.
Obama’s executive order does not add exemptions for religious organizations beyond President George W. Bush’s 2002 order, which allowed religiously affiliated contractors to favor individuals of a particular religion when hiring. Religious organizations are still allowed, under the First Amendment, to make employment decisions about their ministers as they see fit.
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