President Obama signing an executive order on July 21 against hiring discrimination by federal contractors. Public domain image
One of the toughest political calculations in Washington is balancing competing claims of gay rights with the traditional prerogatives of religious freedom. After a number of setbacks on that front, President Obama may have finally found a small patch of middle ground with Monday’s move to bar federal contractors from discriminating on the basis of sexual orientation.
Obama’s executive order shields gay, lesbian, bisexual and transgender employees from discrimination by companies that do work for the federal government by adding sexual orientation and gender identity to long-standing protections from bias based on “race, color, religion, sex, or national origin.”
Yet Monday’s action also leaves in place a 2002 order signed by President George W. Bush that gives religious groups with federal contracts some leeway by allowing them to use religious beliefs as a criterion in making hiring and firing decisions; as a candidate in 2008 Obama pledged to overturn that exemption.
At the same time, Obama did not expand the exemption to explicitly allow religious groups that receive federal funds to use sexual orientation as grounds for hiring and firing, as some demanded.