On the anniversary of Matthew Shepard's murder, Jeff Sessions weakens protections for the LGBTQ community

Critics contend that the guidance constitutes a "license to discriminate."
 By 
Heather Dockray
 on 
On the anniversary of Matthew Shepard's murder, Jeff Sessions weakens protections for the LGBTQ community
Credit: saul loeb/AFP/Getty Images

On Friday, Attorney General Jeff Sessions introduced new guidance for federal agencies that advocates fear legalizes discrimination against the LGBTQ community.

The new guidance says that the government cannot place an undue burden on people or businesses because "the free exercise of religion includes the right to act or abstain from action in accordance with one’s religious beliefs." Religious employers, including nonprofits, individuals and certain for profit businesses, are free to only hire people whose "beliefs and conduct" are consistent with the "employer's religious beliefs."

Critics are concerned that could create legal grounds for discrimination: religious employers could potentially fire people for being gay or trans, or otherwise refuse to serve them.

Sessions' guidance is a new interpretation of already existing federal law, now tilted toward religious conservatives. Per the new directive, simply claiming that something or someone violated an employer's faith would be enough to override any existing anti-discrimination protections.

"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 Human Rights Council issued a strongly worded statement in response, arguing that the new directive constituted a "license to discriminate" with painful consequences for the LGBTQ community. Social security administrators could refuse to process survivor benefits paperwork for a same-sex spouse, the nonprofit contends, and federal contractors could refuse to provide services to LGBTQ people even in the case of emergencies. Adoption agencies could legally refuse to provide services to same-sex couples or even serve LGBTQ foster children.

“Today the Trump-Pence administration launched an all-out assault on LGBTQ people, women, and other minority communities by unleashing a sweeping license to discriminate,” HRC President Chad Griffin said in a statement.

Sarah Kate Ellis, CEO of GLAAD, had this to say in response:

"This administration has proved it will do anything possible to categorize LGBTQ Americans as second-class citizens. Freedom of religion does not give people right to discriminate. I would never use my faith to justify harm and discrimination to others like this country does to me."

Even Silicon Valley weighed in:

"Everyone should feel safe, valued and welcome being exactly who they are. That's why Lyft has a gender inclusion and affirmation policy that outlines clear protections for our team members," Lyft co-founders Logan Green and John Zimmer said in a statement. "Our community is strongest when team members come to work as their most authentic selves, and we will always support their right to do so."

The Justice Department consulted with the Mormon Church, the Alliance Defending Freedom, and the US Conference of Catholic Bishops when crafting the guidance, all of whom have a history of opposing LGBTQ rights.

Observers couldn't but notice that Sessions' guidance was released on the anniversary of Matthew Shepard's murder. Matthew, a 21-year-old gay man, was brutally attacked on Oct. 6, 1998, before dying six days later.

Sessions forcefully criticized the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act, "horrifying" Shepard's mother, who subsequently spoke out against his nomination to the office of attorney general. The law, which added sexual orientation to the federal hate crimes statue, was passed in 2009.

Topics LGBTQ Politics

Mashable Image
Heather Dockray

Heather was the Web Trends reporter at Mashable NYC. Prior to joining Mashable, Heather wrote regularly for UPROXX and GOOD Magazine, was published in The Daily Dot and VICE, and had her work featured in Entertainment Weekly, Jezebel, Mic, and Gawker. She loves small terrible dogs and responsible driving. Follow her on Twitter @wear_a_helmet.

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