Former President Donald Trump issued an executive order revoking President Lyndon B. Johnson's Executive Order 11246, along with related orders and memoranda. This new order, according to supporters, aligns with the Civil Rights Act of 1964 and the 14th Amendment by prohibiting discrimination based on immutable characteristics or religious beliefs. It empowers the Civil Rights Division at the Department of Justice and the Office of Civil Rights at the Department of Education to enforce these principles.
This action has been described as a constitutional imperative, reflecting the amendment's intent to eliminate discrimination. The order asserts that no institution, regardless of its history, can legally violate this principle of the 14th Amendment. The core message is clear: discrimination based on race, gender, ethnicity, or religious belief is prohibited.
The historical journey of the 14th Amendment has been complex, marked by misinterpretations and eventual corrections. The Supreme Court's decision in Brown v. Board of Education in 1954 marked a turning point. The Civil Rights Act of 1964 further solidified this principle. However, the practice of considering race, gender, and sexual orientation in decision-making, along with discrimination against religious individuals, has become entrenched in certain institutions.
Chief Justice John Roberts articulated a clear principle in the 2007 case Parents Involved in Community Schools v. Seattle School District No. 1: "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race." With the appointment of three new justices during Trump's presidency, an originalist majority on the Supreme Court has emerged, potentially solidifying this interpretation of the 14th Amendment.
Trump's executive order is likely to face legal challenges. However, proponents argue that it rests on solid constitutional grounds, aligning with recent Supreme Court affirmations of the 14th Amendment and the Civil Rights Act of 1964.
