Executive Order…

President Obama is about to write a new executive order, this time to prohibit discrimination against trans-people. Because of ENDA (Employment Non-Discrimination Act) is stalled by the Republicans in the House he is writing the order to cover federal contractors from discriminating against employees on the basis of their sexual orientation or gender identity.

Obama to Expand Safeguards for Transgender Workers
ABC News
By JOSH LEDERMAN and STACY A. ANDERSON Associated Press
Jun 30, 2014

The White House is preparing an executive order offering transgender federal workers formal protection from discrimination at work, President Barack Obama announced Monday.

At least two other measures already prevent the federal government from firing people for being transgender, so Obama's announcement is largely symbolic. Still, advocates hailed the move as a powerful act of recognition for transgender Americans by the first American president to even utter the word "transgender" in a speech.

"The majority of Fortune 500 companies already have nondiscrimination policies to protect their employees because it's the right thing to do and because many say it helps to retain and attract the best talent. And I agree. So if Congress won't act, I will," Obama told a supportive crowd in the East Room of the White House during a reception marking Lesbian, Gay, Bisexual and Transgender Pride Month.

Meanwhile the Christian far right is pushing to get the religious exemption expanded to even more than what is in the ENDA bill (which I feel is excessive already),

Anti-LGBT Faith Leaders Ask Obama for Special EO Exemption
Bilerico
Filed By John M. Becker
June 27, 2014

A group of approximately 160 religious leaders sent a letter to President Obama this week asking him to include broad religious exemptions in his forthcoming executive order barring anti-LGBT discrimination by federal contractors -- presumably so they can continue discriminating against lesbian, gay, bisexual, and transgender people in the workplace.

Their letter said,

As leaders and supporters of faith-based service organizations, we ask that you include explicit religious freedom protections in any executive order providing nondiscrimination guarantees for LGBT employees of federal contractors.
We have a variety of views on the merits of such an executive order. However, we are united in asking that any such executive order be written in a way that protects the religious freedom of faith-based service providers. Any executive order that does not fully protect religious freedom will face widespread opposition and will further fragment our nation.

Our requests are grounded in the historical context of strong federal legal protections for religious organizations’ hiring practices. Under the Civil Rights Act of 1964, as upheld by a unanimous Supreme Court, religious organizations are free to consider religion when deciding who is most qualified to join their respective staffs. They are free under Title VII to maintain a conduct standard that reflects their religions’ sincerely held beliefs, which include deep convictions about human sexuality.

All well and good so far, but they go on to say,

Specifically, we request that any LGBT executive order respect religious freedom by providing the following concrete protections for faith-based service organizations:

1) Exemption language for religious organizations similar to that recently adopted by the Senate. This is necessary so that the executive order does not have the effect of excluding faith-based organizations that exercise their constitutional and Title VII right to have religiously grounded employee belief and conduct requirements. In passing the Employment Non-Discrimination Act (S. 815), the Senate respected religious freedom and accommodated many religious organizations by exempting them from the proposed nondiscrimination requirements as follows (as adapted to reference the Executive Order):

This Executive Order shall not apply to a corporation, association, educational institution or institution of learning, or society that is exempt from the religious discrimination provisions of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) pursuant to section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e–1(a), 2000e-2(e)(2)).

2) A non-retaliation clause. A religious exemption will only be meaningful if organizations that claim it are not punished for asserting their rights. Therefore please include a non-retaliation provision, similar to that passed by the Senate in S.815

A religious organization’s exemption hereunder shall not result in any action by a federal agency, to penalize or withhold licenses, permits, certifications, accreditation, grants, guarantees, tax-exempt status, or any other benefits or exemptions from that organization, or to prohibit that organization’s participation in programs or activities sponsored by that federal agency.

3) Purposes language. Please include in the executive order the purposes language adopted in ENDA by the Senate. The Senate clarified that its purpose in adopting ENDA was not only to eradicate wrongful employment discrimination but also:

“to reinforce the Nation’s commitment to fairness and equal opportunity in the workplace consistent with the fundamental right of religious freedom.”

4) Construction language. Because the manner in which courts are to balance these rights is contested, we request the following language to underscore this Administration’s intent to protect religious freedom in the context of any LGBT executive order:

Nothing in this Executive Order shall be evidence of or construed to establish a compelling government interest with respect to a claim under the First Amendment of the Constitution of the United States or under the Religious Freedom Restoration Act of 1993 (42 U.S.C. §2000bb et seq.).

What they are asking far exceeds Tile VII of the Civil Rights Act of 1964. Under Title VII a janitor working in a hospital owned by a religious order cannot be discriminated against because of their gender identity or sexual orientation, but under what these religious leaders want and the Senate passed ENDA. That is why I no longer support ENDA, it goes a lot farther than Title VII allows.

Furthermore, the recent Hobby Lobby Supreme Court decision could throw a monkey wrench in the whole Civil Rights Act and state’s non-discrimination laws.

Update 7/2/14:
Since the Supreme Court's Hobby Lobby ruling the White House received another letter from a different religious group,

Hobby Lobby Is Already Creating New Religious Demands on Obama
Faith leaders friendly to the administration are asking for an exemption from a forthcoming gay-rights order.
The Altantic
By Molly Ball
JUL 2, 2014

This week, in the Hobby Lobby case, the Supreme Court ruled that a religious employer could not be required to provide employees with certain types of contraception. That decision is beginning to reverberate: A group of faith leaders is urging the Obama administration to include a religious exemption in a forthcoming LGBT anti-discrimination action.

Their call, in a letter sent to the White House Tuesday, attempts to capitalize on the Supreme Court case by arguing that it shows the administration must show more deference to the prerogatives of religion.

"We are asking that an extension of protection for one group not come at the expense of faith communities whose religious identity and beliefs motivate them to serve those in need," the letter states.

Dear Mr. President,

As religious and civic leaders who seek to advance the common good, we write to urge you to include a religious exemption in your planned executive order addressing federal contractors and LGBT employment policies.

We have great appreciation for your commitment to human dignity and justice, and we share those values with you. With respect to the proposed executive order, we agree that  banning discrimination is a good thing. We believe that all persons are created in the divine image of the creator, and are worthy of respect and love, without exception. Even so, it still may not be possible for all sides to reach a consensus on every issue. That is why we are asking that an extension of protection for one group not come at the expense of faith communities whose religious identity and beliefs motivate them to serve those in need.
[...]
Religious organizations, because of their religious faith, have served their nation well for centuries, as you have acknowledged and supported time and time again. We hope that religious organizations can continue to do so, on equal footing with others, in the future. A religious exemption in your executive order on LGBT employment rights would allow for this, balancing the government’s interest in protecting both LGBT Americans, as well as the religious organizations that seek to serve in accordance with their faith and values.