Amendments to Executive Orders 11478 & 11246


Amendments to Executive Orders 11478 & 11246

On Monday July 21, 2014 President Obama signed an Executive Order extending protections to transgendered Federal employees, adding onto the LGB protections already afforded during the Clinton Administration, and also extended LGBT protections to all Federal contractors. Given the amount of services and goods bought by the Federal Government, this Executive Order will have a significant effect on private industry. Conservative religious leaders instantly raised religious based objections to the Order citing the recent Supreme Court decision in the Hobby Lobby case. (See previous blog on that topic.) However, it is unlikely that those opposed to LGBT rights will find the argument as easily won in a future Supreme Court case because the justices will have to factor in the corollary religious effects of a ruling against the Executive Order. The Hobby Lobby decision supported religious freedom centered around a very powerful belief based on one of the Ten Commandments: thou shalt not kill. Once a baby is conceived, it takes discrete deliberate action to terminate it before it is born. A large portion of our population has this belief, and it is strongly held. However, the Ten Commandments say nothing specifically about LGBT issues. References to homosexuality and transgendered status are in Biblical texts that also speak of stoning for adultery, prohibiting the eating of pork, and not shaving one’s forelocks. Thus upholding religious freedom to not observe the Executive Order would have to apply to all other biblical (and Koranic, and Talmudic, and Mormon texts) that are equivalent in their level of condemnation or punishment. This would be a far too broad interpretation that would open nearly every Federal law or statute to a religious exemption. It would be a big stretch for constitutionalist judges to make. Therefore it is likely that the executive Order will stand and LGBT people will see an increase in the legal protections afforded them against employment based discrimination.


Posted on July 22, 2014, in Management & Business, Uncategorized and tagged , , , , , , . Bookmark the permalink. Leave a comment.

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