WASHINGTON — On Monday morning, President Obama will be signing a long-awaited executive order to protect LGBT employees of federal contractors and transgender federal employees from discrimination.
Although the White House has not yet released the text of the order, BuzzFeed obtained a copy of the text, as of July 15. A White House spokesman would not confirm the accuracy of the text or say whether the text changed since July 15, saying only that the text "will be released, as is always the case, after it's been signed."
The order, as drafted, amends the existing federal contractor nondiscrimination executive order, Executive Order 11246, to include sexual orientation or gender identity. Monday's order also amends the existing federal workforce nondiscrimination order, Executive Order 11478, to include gender identity. President Clinton had amended that order in 1998 to include sexual orientation.
Notably, the draft of Obama's order contains no additional religious exemptions for the sexual orientation or gender identity provisions beyond those already contained in the existing executive orders, a request made by some religiously affiliated leaders. At the same time, however, the order does not take action requested by some civil rights groups to rescind an executive order issued by President George W. Bush. The Bush order provides an exemption to Executive Order 11246 for any "religious corporation, association, educational institution, or society" that allows such contractors to hire people of "a particular religion."
The text obtained by BuzzFeed tracks with information provided on background on Friday.
The draft of the executive order, as of July 15:
Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity
By the authority vested in me as President by the Constitution and the laws of the United States, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to provide for a uniform policy for the Federal Government to prohibit discrimination based on gender identity and take further steps to promote economy and efficiency in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity, it is hereby ordered as follows:
Section 1. Amending Executive Order 11478.
Executive Order 11478, as amended, is hereby further amended as follows:
(a) The first sentence of section 1 is amended by substituting "sexual orientation, gender identity," for "sexual orientation".
(b) The first sentence of section 7 is amended by substituting "sexual orientation, gender identity," for "sexual orientation".
Sec. 2. Amending Executive Order 11246.
Executive Order 11246, as amended, is hereby further amended as follows:
(a) The first sentence of Section 202, paragraph (1) is amended by substituting "sex, sexual orientation, gender identity, or national origin" for "sex, or national origin".
(b) The second sentence of Section 202, paragraph (1) is amended by substituting "sex, sexual orientation, gender identity, or national origin" for "sex, or national origin".
( c ) The first sentence of Section 202, paragraph (2) is amended by substituting "sex, sexual orientation, gender identity, or national origin" for "sex, or national origin".
(d) The first sentence of Section 203, paragraph (d) is amended by substituting "sex, sexual orientation, gender identity, or national origin" for "sex, or national origin".
Section 3. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an agency or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Here is the executive order, as signed by Obama on Monday:
Chris Geidner is the legal editor for BuzzFeed News and is based in Washington, DC. In 2014, Geidner won the National Lesbian & Gay Journalists Association award for journalist of the year.
Contact Chris Geidner at firstname.lastname@example.org.
Got a confidential tip? Submit it here.