The Trump administration is never idle when it comes to attacking civil rights—from the smallest regulation to the most pivotal court case. A new directive from the Department of Labor proves it.
The directive is a dinner bell of sorts: Come one, come all, religious organizations—no matter your views or how often you’ve been termed a “hate group.”
They cannot "condition the availability of [opportunities] upon a recipient's willingness to surrender his [or her] religiously impelled status."
That, friends, is language from Trinity Lutheran, the Supreme Court case that found Missouri cannot disqualify religious institutions from grant programs based on the fact of their religiosity.
This administration is intent on twisting that decision: It wants to clothe the right to discriminate in the protections afforded religious status, or religiosity. Essentially, they claim that being excluded for holding an anti-LGBTQ stance, and being excluded for being a religious institution, are the same.
This toxic directive makes clear that the Department of Labor’s not going to be acting on any discrimination issues, save those they characterize as based on the complainant’s religion. I chose “characterize” carefully. Why? Because the scariest part of the document is, to me, this little bullet:
They "cannot act in a manner that passes judgment upon or presupposes the illegitimacy of religious beliefs and practices" and must "proceed in a manner neutral toward and tolerant of ... religious beliefs."
Where do you think this administration draws the line between, for example, supporting gay rights and presupposing the illegitimacy of anti-LGBTQ beliefs? Is a couple having sex or living together before marriage presupposing illegitimacy?
Think about how that intersects with the final wink-nudge bullet.
They must respect the right of "religious people and institutions ... to practice their faith without fear of discrimination or retaliation by the Federal Government. "
This directive paves the way for contractors and agents to crack down on employees for espousing any view that conflicts with another employee’s purported religious belief, i.e., pro-LGBTQ rights, and for the agency to discriminate against organizations on the same basis. Then there’s the fact that this document confirms the agency’s—slash administration’s—abdication of the duty to protect all employees and contractors, not just some.