Prohibiting Anti-LGBT Discrimination by Federal Contractors

July 21, 2014

Executive Order 13672 amended two earlier executive orders to add sexual orientation and gender identity to the list of protected categories for federal employees and federal contractors. The order relied on the President's authority over federal procurement and the federal workforce rather than creating new statutory rights. Its constitutional footprint was relatively modest since it operated within the executive branch's existing authority over its own employment and contracting. Some religious organizations argued the order burdened their free exercise rights by requiring compliance as a condition of federal contracts, and sought but did not receive a broad religious exemption. The order raised minor First Amendment tensions between non-discrimination principles and religious liberty but largely stayed within recognized executive authority.