AG's religious objection order undercuts LGBT protections
In an order that undercuts federal protections for LGBT people, Attorney General Jeff Sessions issued a sweeping directive to agencies yesterday to do as much as possible to accommodate those who claim their religious freedoms are being violated.
The guidance, an attempt to deliver on President Donald Trump's pledge to his evangelical supporters that he would protect religious liberties, effectively lifts a burden from religious objectors to prove that their beliefs about marriage or other topics are sincerely held.
Under the new policy, a claim of a violation of religious freedom would be enough to override many anti-discrimination protections for LGBT people, women and others. The guidelines are so sweeping that experts on religious liberty are calling them a legal powder-keg that could prompt wide-ranging lawsuits against the Government.
"This is putting the world on notice: You better take these claims seriously," said Robin Fretwell Wilson, a law professor at the University of Illinois at Urbana-Champaign. "This is a signal to the rest of these agencies to rethink the protections they have put in place on sexual orientation and gender identity."
Trump announced plans for the directive last May in a Rose Garden ceremony where he was surrounded by religious leaders. Since then, religious conservatives have anxiously awaited the Justice Department guidance, hoping for greatly strengthened protections for their beliefs amid the rapid acceptance of LGBT rights. Religious-liberty experts said they would have to see how the guidance would be applied by individual agencies, both in crafting regulations and deciding how to enforce them. But experts said the directive clearly tilted the balance very far in favour of people of faith who do not want to recognise same-sex marriage.
"Except in the narrowest circumstances, no one should be forced to choose between living out his or her faith and complying with the law," Sessions wrote. "To the greatest extent practicable and permitted by law, religious observance and practice should be reasonably accommodated in all government activity."
The document lays the groundwork for legal positions that the Trump administration intends to take in future religious-freedom cases, envisioning sweeping protections for faith-based beliefs and practices in private workplaces, at government jobs, and even in prisons.