News and Events => Opinions & Editorials => Topic started by: DriftingCrow on March 20, 2013, 08:42:55 PM Return to Full Version
Title: Arjun Sethi: "President Obama: Protect LGBT workers through executive order"
Post by: DriftingCrow on March 20, 2013, 08:42:55 PM
Post by: DriftingCrow on March 20, 2013, 08:42:55 PM
Arjun Singh Sethi, a D.C. based attorney and civil-rights commentator, wrote this piece for Al Jazeera English on March 12, 2013.
http://www.aljazeera.com/indepth/opinion/2013/03/2013351118285958.html (http://www.aljazeera.com/indepth/opinion/2013/03/2013351118285958.html)
Sethi writes about how Obama needs to enact an executive order to expand protections for LGBT workers, and writes about how employment discrimination affects LGBT workers, trans* employees in particular.
"In his first term, President Obama embraced his authority as chief-executive and promulgated numerous executive orders. Here, he is presented with a rare and momentous opportunity: the chance to advance the cause of equality in American democracy. An order expanding protections for LGBT workers is clearly within his constitutional power and would pass judicial review. Executive orders are rarely challenged, and only twice in its history has the Supreme Court struck one down. Significantly, neither case implicated anti-discrimination efforts. "
The Obama Administration argues that an executive order would undermine broad based reforms and reforms should go through Congress, but given political gridlock, Sethi says an executive order is the way to go, and polls show that most Americans favor contractors being penalized for discriminating against LGBTs.
http://www.aljazeera.com/indepth/opinion/2013/03/2013351118285958.html (http://www.aljazeera.com/indepth/opinion/2013/03/2013351118285958.html)
Sethi writes about how Obama needs to enact an executive order to expand protections for LGBT workers, and writes about how employment discrimination affects LGBT workers, trans* employees in particular.
"In his first term, President Obama embraced his authority as chief-executive and promulgated numerous executive orders. Here, he is presented with a rare and momentous opportunity: the chance to advance the cause of equality in American democracy. An order expanding protections for LGBT workers is clearly within his constitutional power and would pass judicial review. Executive orders are rarely challenged, and only twice in its history has the Supreme Court struck one down. Significantly, neither case implicated anti-discrimination efforts. "
The Obama Administration argues that an executive order would undermine broad based reforms and reforms should go through Congress, but given political gridlock, Sethi says an executive order is the way to go, and polls show that most Americans favor contractors being penalized for discriminating against LGBTs.
Title: Re: Arjun Sethi: "President Obama: Protect LGBT workers through executive order"
Post by: Jamie D on March 20, 2013, 08:58:11 PM
Post by: Jamie D on March 20, 2013, 08:58:11 PM
The power to issue "Executive Orders" stems from the Constitutional mandate of the President to see that the "Laws be faithfully executed."
The US Supreme Court case, Youngstown Sheet & Tube Co. v. Sawyer (1952), made it clear that Executive Orders must work to further existing laws or regulations. A President may not "make law." That, of course, would be a violation of the "separations of powers" and a short step from dictatorship.
The US Supreme Court case, Youngstown Sheet & Tube Co. v. Sawyer (1952), made it clear that Executive Orders must work to further existing laws or regulations. A President may not "make law." That, of course, would be a violation of the "separations of powers" and a short step from dictatorship.
Title: Re: Arjun Sethi: "President Obama: Protect LGBT workers through executive order"
Post by: DriftingCrow on March 20, 2013, 09:08:05 PM
Post by: DriftingCrow on March 20, 2013, 09:08:05 PM
Yeah the editorial wasn't too clear on what law would be furthered by any potential executive order (at first I thought it was ENDA, but maybe just the Civil Rights Act?), and using FDR as an example isn't quite the best to sway any fears of overstepping Constitutional boundaries.