US: Administration Expands Anti-LGBTQ 'License to Discriminate' Rule

BY TRUDY RING

The Trump administration’s days are numbered, but it’s going out with a bang by broadening a policy that lets federal contractors discriminate against people who offend their religious beliefs, including LGBTQ+ people.

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs issued a final rule Monday expanding the scope of contractors that may claim a religious exemption from employment nondiscrimination policies, which ban discrimination based on sexual orientation and gender identity, along with many other characteristics. The rule was previously understood to apply only to faith-based nonprofit organizations, allowing them to prefer to employ members of their faith, but the changes allow for-profit companies to claim the right to discriminate against those who do not follow the ownership’s religious tenets.

In revising the rule, the DOL cites Supreme Court decisions such as Burwell v. Hobby Lobby, which allowed for-profit companies to deny contraceptive coverage for employees because of religious objections, and Masterpiece Cakeshop v. Colorado Civil Rights Commission, which vacated the commission’s finding that Masterpiece’s owner had illegally discriminated against a gay couple when he refused to create a wedding cake for them. The commission, the court said, had shown insufficient respect for the owner’s religious beliefs.

These cases show the need for updating the rule because “government at times has been callous in its treatment of religious persons,” the rule states.

“Religious organizations should not have to fear that acceptance of a federal contract or subcontract will require them to abandon their religious character or identity,” Secretary of Labor Eugene Scalia said in a press release. (Scalia is the son of the late Supreme Court Justice Antonin Scalia, well known for his anti-LGBTQ+ views.)


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