Here’s the #TEA : Party 1 - The Low Down on the EQUALITY Battle in Louisiana
BY CHRIS WINIECKI
On April 7, 2016 John Bel Edwards, the governor of the State of Louisiana, issued Executive Order No. JBE 2016-11. The executive order is titled “Equal Opportunity and Non-Discrimination.” The main objective of this executive order is to ensure that all state agencies, departments, offices, commissions, boards, entities or officers of the State of Louisiana do NOT discriminate or harass anyone based on race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation, disability or age. The executive order further states that “all contracts for the purchase of services by any state agencies, departments, offices, commissions, boards, entities, or officers of the state of Louisiana shall be awarded without discrimination on the basis” of those protected classes. Finally, the Order requires all contracts with the state to include provisions requiring the contractor not to discriminate on the basis of any of the protected groups listed above.
The Order came at a time that many states, such as Mississippi and North Carolina, were coming under fire for passing what many believe to be anti-gay legislation. “While this executive order respects the religious beliefs of our people, it also signals to the rest of the country that discrimination is not a Louisiana value, but rather, that Louisiana is a state that is respectful and inclusive of everyone around us,” said Gov. John Bel Edwards about the order extending protection to the states employees and contractors.
The Order as it is written would seem to be a great way to ensure equality among all people in the State of Louisiana regardless of gender identity or sexual orientation. However, this is not the view of Louisiana Attorney General Jeff Landry. In Attorney General Opinion 16-0078, Landry states that the executive order has no legally binding effect and that it is simply aspirational because the executive order has no power to expand or create law. This power to create or expand law is reserved to the legislative branches of government. The executive branch, the Governor, has the power to make sure that the laws created by the legislation are enforced in the manner in which they were intended. Furthermore, Landry feels that the executive order “is unenforceable and should be treated merely as aspirational and voluntary between the contractive parties” since it exceeds the protections required by state or federal law.
In addition to choosing to not enforce the executive order by denying contracts with provisions protecting gender identity, Landy has also joined 10 other states in filing a “joint lawsuit against the Obama administration challenging its directive to allow transgender students to use the restroom of their choice.”
“Landry’s office said the only language at issue with Edwards’ executive order is the term ‘gender identity,’ a provision that protects transgender people.” The Governor and the Attorney general have been locked in a legal battle since Landry has rejected “up to 100 contracts with private law firms for state legal work because the contracts prohibit discrimination against people based on sexual orientation and gender identity.” Essentially what that means is Landry is abiding by federal executive orders but fighting against those of his own states executive. According to Edwards, “Landry is the only official objecting to the LGBT protections.” So the question remains, why Landry is really fighting Edwards on this executive order. Some believe that Landry is the leading candidate to oppo“Landry’s office said the only language at issue with Edwards’ executive order is the term ‘gender identity,’ a provision that protects transgender people.” The Governor and the Attorney general have been locked in a legal battle since Landry has rejected “up to 100 contracts with private law firms for state legal work because the contracts prohibit discrimination against people based on sexual orientation and gender identity.” Essentially what that means is se Edwards in the 2019 election and that this stand is his first step to win votes over Edwards.
Landry “apparently believes that it is necessary that private attorneys who contract with entities within the executive branch must retain the right to discriminate against person on the basis of sexual orientation and gender identity.” The dispute is causing problems on a day to day basis in Louisiana where many lawyers have to work without compensation because Landry refuses to approve their contracts. The entire dispute is wasting time and money.
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SOURCES: 1 - Executive Order No. JBE 2016-11 2 - https://www.washingtonpost.com/news/post-nation/wp/2016/04/13/not-a-louisiana-value-governor-adds-protection-against-lgbt-job-discrimination/ 3 - http://mylff.lafamilyforum.org/site/DocServer/AG_Opinion_16-0078_transgender_orders.pdf?docID=1282&autologin=true&AddInterest=1022 4 - http://wgno.com/2016/05/26/edwards-landry-at-odds-over-lgbt-transgender-policies/ 5 - http://www.nola.com/politics/index.ssf/2016/12/edwards_landry_court.html
