“We’ll see Trump in court, again.”
That was American Civil Liberties Union Executive Director Anthony D. Romero’s response after Trump signed an executive order on Thursday, May 4—the National Day of Prayer—to loosen tax restrictions on religious institutions and give employers leeway to deny reproductive health care coverage to their employees based on personal religious beliefs.
A sweeping version of the executive order leaked in February alarmed civil rights organizations who said it could open the door for federal contractors and employees to discriminate against members of the LGBT community, women, unmarried parents, and religious minorities. The version Trump signed today is less broad than the leaked order, but it still uses the pretext that it will “promote free speech and protect religious freedom” to sanction discrimination.
During the signing ceremony, Trump declared, “We will not allow people of faith to be targeted, bullied or silenced anymore … And we will never, ever stand for religious discrimination. Never, ever."
But the Executive Order on Promoting Free Speech and Religious Liberty effectively opens the door for employers to impose their religious beliefs on their employees.
Additionally, the order softens IRS restrictions on political activity by religious nonprofit organizations that date back to the 1954 Johnson Amendment. While Trump cannot unilaterally reverse the amendment—under which 501(c)(3) nonprofit organizations, including many churches, are disallowed from taking a position on political candidates—he can lessen the impact of the amendment on religious institutions. His executive order directs the Secretary of the Treasury to “ensure, to the extent permitted by law, that the Department of the Treasury does not take any adverse action against any individual, house of worship, or other religious organization on the basis that such individual or organization speaks or has spoken about moral or political issues from a religious perspective …”
Despite the narrower scope of the signed executive order, women’s groups and civil liberties organizations are pushing back hard. In a statement released this afternoon, the ACLU indicated its intention to file suit before the day is out. “The actions taken today are a broadside to our country’s long-standing commitment to the separation of church and state. Whether by executive order or through backroom deals, it’s clear that the Trump administration and Congressional leadership are using religion as a wedge to further divide the country and permit discrimination,” said Romero.
Nancy Northup, president and CEO of the Center for Reproductive Rights (CRR) weighed in as well, saying the executive order “discriminates against women and robs them of essential preventive care. Without health coverage of contraception under the ACA, countless women will lose their basic right to prevent pregnancy and plan when they have children.” The CRR says it’s ready to fight back in court as well.
Update, May 4, 2017, 7:50 ET
Late on Thursday afternoon, the ACLU issued a press release stating that they have decided to forgo filing a lawsuit challenging the Executive Order on Promoting Free Speech and Religious Liberty. The organization has determined that the order "does not meaningfully alter the ability of religious institutions or individuals to intervene in the political process." In reference to the order's impact on reproductive health services, ACLU Director Anthony D. Romero stated that "The directive to federal agencies to explore religious-based exceptions to healthcare does cue up a potential future battle, but as of now, the status quo has not changed."