Missouri Governor Jay Nixon has issued an executive order granting special employment
rights to homosexuals in state government. Executive Order 10-24 establishes a
new "Fair Practices Code" for the executive branch of Missouri government. Nixon's
order adds "sexual orientation" to the list of employment protection categories
included in Missouri state government's anti-discrimination policy.
Current Missouri law states that it is unlawful to discriminate against individuals
in employment situations based on a person's "race, color, religion, national origin,
sex, ancestry, age, or disability." All those categories describe immutable personal
characteristics with the exception of religion, which is a constitutionally protected
The Governor has now included for the first time a person's behavior,
in this case a person's sexual preference, as the basis for discrimination claims.
This is the second time in the last decade that a Missouri Governor has done an
end-run around the Legislature in establishing employment policy for state government
workers. In 2001, Governor Bob Holden issued an executive order granting collective
bargaining rights to state employees. Like Holden, Nixon's actions come without
the benefit of any hearings or input from the Missouri Legislature, which is the
branch of government constitutionally empowered to make laws for the state of Missouri.
The new executive order applies to hiring, recruiting, training, benefits, promotions,
transfers, layoffs, demotions, terminations, and rates of compensation in state
government. As a result, homosexuals will now be able to lodge discrimination claims
if they are not hired for state government positions, if they are not promoted when
vacancies occur, or if they are subject to adverse employment decisions.
Nixon's order also mandates that new "workforce diversity" programs with "workforce
diversity action goals" will be implemented in all departments of state government.
The State Workforce Diversity Council is charged with ensuring that all state
employees "are educated on issues involving diversity." State employees shall be
required to participate in periodic training covering " cultural and workforce diversity."
Similar programs in the public and private sector have been used to indoctrinate
employees in the social approval and moral acceptability of the homosexual lifestyle.
Nixon's order also requires all state institutions of public education to adhere
to similar "nondiscrimination" policies. The executive order also goes so far
as to apply to all health care facilities licensed by the state of Missouri.
As expected, homosexual rights organizations are jubilant over Governor Nixon's
actions. "We are excited because this order is a major stepping stone to achieving
a statewide nondiscrimination ordinance affecting the Missouri Human Rights Statute,"
says A. J. Bockelman, executive director of PROMO, the leading homosexual advocacy
organization in Missouri.
"Gay rights" advocates have been unsuccessful in recent legislative sessions in
seeking to include the term "sexual orientation" in the state's employment
discrimination and public accommodations laws. Bills which have been filed on
behalf of homosexual activists would grant special employment privileges to
individuals based on "sexual orientation" that would apply in both the public
and private sector. The homosexual lobby has been pushing similar legislation in
Washington known as ENDA, the "Employment Nondiscrimination Act." Nowhere in
Nixon's executive order is the term "sexual orientation" defined.
Sadly, there has been no response from the Missouri Legislature to Nixon's unilateral
action. We know of no legislator who has voiced objection to the unjust policy
provisions of this law. Nor are we aware of any legislator who has objected to the
Governor's breach of the separation of powers in invading the legislative province
of the General Assembly.
Yet you can make your voice heard. You can let the Governor know of your thoughts
on this issue by using this link:
Contact Governor Nixon