Justice

Donald Trump's Next Executive Order Could Be Devastating for LGBT Rights

February 2nd 2017

An alleged draft of a "religious freedom" executive order from the White House has ignited concern and fierce condemnation among LGBT advocates.

The alleged draft order was reported Wednesday evening by the Nation. Titled “Establishing a Government-Wide Initiative to Respect Religious Freedom,” the document describes broadening the definition of what legally qualifies as a religious organization. (The Nation also published screenshots of the alleged draft.)

The alleged draft order gives religious organization status to "any organization, including closely held for-profit corporations.”

Photographer Matthew Schueller tweeted the leaked document published by the Nation.

If passed as law, the alleged draft EO would effectively legalize discrimination against LGBT people, weakening anti-discrimination protections in virtually every area of life under the guise of protecting the right to express religious beliefs, reporter Sarah Posner writes on the Nation.

These so-called religious protections would apply “when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts; or otherwise participating in the marketplace, the public square, or interfacing with Federal, State or local governments,” the leaked document says.

“They would say this is a nondiscrimination order,” Lambda Legal senior counsel Jennifer C. Pizer told the Nation. “We disagree. We would say being denied the ability to discriminate against others is not discrimination against you.”

Per the reported draft EO, certain private healthcare companies would also be allowed not to cover birth control, and tax-exempt organizations would be permitted to speak freely "on moral or political issues from a religious perspective" without losing federal funding. The White House Press Office could not be reached for comment at time of publication.

"We do not have plans to sign anything at this time but will let you know when we have any updates," White House spokesperson Sarah Huckabee Sanders told ABC News Wednesday. 

It is unclear if such a law would violate the constitution. A similar law was blocked in Mississippi in July. The law was deemed unconstitutional by a federal judge, who called it "state-sanctioned discrimination.".

LGBT organizations and advocates fired out strong statements in response to the alleged draft order.

“The reported Executive Order is a direct attack on lesbian, gay, bisexual, and transgender people, everyone living with HIV, women, and all Americans who love liberty,” Lambda Legal CEO Rachel B. Tiven said in a statement. “The immediate public outcry in response to the leaked order confirmed what we already know: people overwhelmingly reject discrimination against LGBT people and don’t want taxpayer money to fund hatred. Bigotry—whether against LGBT people, women, Muslim immigrants or refugees—has no place in our country."

“The Administration needs to stand down," she continued. "Lambda Legal is remaining vigilant and is ready to file suit if this Executive Order is issued.”

"It reads like a wish list from some of the most radical anti-equality activists," Human Rights Campaign president Chad Griffin told ABC News. "If true, it seems this White House is poised to wildly expand anti-LGBTQ discrimination across all facets of the government — even if he does maintain the Obama [executive order from 2014]. If Donald Trump goes through with even a fraction of this order, he'll reveal himself as a true enemy to LGBTQ people."

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