hunter of justice

Obama issues new rules for faith-based programs funded with federal dollars, continues exemption for discrimination

Virtually unnoticed by the press, President Obama issued an Executive Order in November establishing criteria for federal agency funding of social services provided by religious organizations. Executive Order 13559 modified Executive Order 13279, the much criticized 2002 order issued by President Bush. The new order made no changes to policies established by President Bush on the issue of religious bias in hiring by faith-based charities that receive federal funds. 

Under both the Bush and Obama orders, religious organizations receiving public funds are allowed to discriminate on the basis of religion in their employment policies. Also under both orders, funding recipients are prohibited from discriminating against beneficiaries on the basis of religious affiliation or belief or the refusal to hold a belief or to attend services.

Under Title VII, religious organizations have long had the same kind of exemption allowing them to discriminate based on religion in their hiring and firing decisions. However, the Bush and now the Obama executive orders have extended that exemption to include organizations that are supported with government funds. 

The Obama order did add provisions requiring federal agencies to provide alternatives for people who do not want to receive social services from religious groups and to list recipient organizations on agency web sites.

HUD announces new regs to end public housing discrimination against gay families; UPDATED - news from HHS also

The Department of Housing and Urban Development announced today that it will promulgate proposed regulations (presumably soon) to end discrimination based on sexual orientation or gender identity in its housing programs, including by specifying that gay partners fall within the agency's definition of "family" for purposes of eligibility for public housing.

The proposed reg will:

• clarify that the term "family" as used to describe eligible beneficiaries of HUD public housing and Housing Choice Voucher programs include otherwise eligible lesbian, gay, bi-sexual or transgender (LGBT) individuals and couples. The Department's intent to propose new regulations will clarify family status to ensure its subsidized housing programs are available to all families, regardless of their sexual orientation or gender identity.
  
  
• require grantees and those who participate in the Department's programs to comply with local and state non-discrimination laws that cover sexual orientation or gender identity; and
  
  
• specify that any FHA-insured mortgage loan must be based on the credit-worthiness of a borrower and not on unrelated factors or characteristics such as sexual orientation or gender identity.

Like all proposed regs, this one will be published in the Federal Register and subject to public comment and possible revision before its final adoption. According to HUD, three million families participate in the public housing and voucher programs.

In addition, HUD will commission the first-ever national study of discrimination against LGBT persons in the rental and sale of housing.

This is exactly the kind of progressive regulatory step that the Administration should be taking. My hope is that, now that most departments have at least most of their political appointees in place, we will see similar moves from across the Executive Branch. Recall that the memorandum signed by the President in June gave departments 90 days to report back to OPM on ways to eliminate discrimination against gay or trans federal employees.  Well, those 90 days were up about a month ago.  So, also on the employment front, I hope that we start seeing additional reforms from many of the federal agencies.

UPDATE: HHS also had an announcement today: it will fund the creation of a national resource center on the problems of lgbt elders that will provide information and assistance to community service programs serving the elderly.

Excerpts from the HUD and HHS press releases after the jump -->