Equal Protection of the Laws for Faith-Based and Community Organizations

This executive order establishes principles for federal agencies to ensure faith-based and community organizations can compete equally for federal social service funding without religious discrimination, while protecting beneficiaries from religious coercion. It requires specified agencies to review and amend policies within 90 days, and amends Executive Order 11246 to exempt religious contractors from certain employment nondiscrimination requirements when hiring co-religionists.

Federal Register Open PDF 67 FR 77141

Impact dates

Mar 12, 2003
Specified agency heads report proposed actions to President through White House OFBCI Director

Key directives

Specified agency heads shall review and evaluate existing policies for consistency with Section 2 principles
Specified agency heads shall amend existing policies to ensure consistency with Section 2
Specified agency heads shall implement new policies to collect data on faith-based and community organization participation in federally funded social services
Within 90 days, specified agency heads shall report proposed actions to the President through White House OFBCI Director
Amend Executive Order 11246 Section 204 to exempt religious corporations, associations, educational institutions, or societies from Section 202 nondiscrimination requirements for employment of individuals of a particular religion
All executive departments and agencies shall designate a liaison to White House OFBCI
All agencies shall cooperate with and provide information to White House OFBCI

Who is ordered

Timeline

Immediate

EO takes effect upon signing
religious contractor exemption in Executive Order 11246 becomes active

Near term (90d)

specified agency heads must submit proposed action plans to President through White House OFBCI

Long term

agency policy amendments to align with Section 2 principles
new data collection on faith-based participation in social services
ongoing coordination with White House OFBCI

Risks & tensions

Tension between Equal Protection and Establishment Clause: EO attempts to balance equal access for religious organizations against constitutional prohibition on government establishment of religion
Beneficiary protection vs. organizational autonomy: faith-based organizations may retain religious character but cannot discriminate against beneficiaries on basis of religion or refusal to participate in religious practice
Ambiguity in 'inherently religious activities' definition and 'separate in time or location' requirement may create enforcement challenges
Executive Order 11246 amendment creates categorical religious exemption from employment nondiscrimination for religious contractors, potentially reducing labor protections
Data collection mandate (Sec. 3(b)(iii)) lacks specificity on metrics or methodology, leaving implementation scope uncertain
EO explicitly disclaims judicial enforceability (Sec. 7), limiting recourse for organizations or beneficiaries