From: Kim Elmore (KDMcElmore@AOL.COM)
Date: Sat Sep 02 2000 - 02:16:58 CDT
Thanks to those who corrected me on the Executive Order. Pertinent sections
of the correct one are shown below. (I tried to post it all, but got bounced
by Scouts-L for excessive length.) From my quick read, I'm not sure that it
applies to BSA. There is a specific Federal law (10 USC 2544) that
authorizes the Department of Defense and other agencies to lend equipment and
provide assistance to National and International Jamborees. Plus, BSA is
exempt from the law prohibiting sex discrimination in educational
institutions (20 USC 1681). It's my understanding that the sex
discrimination laws are the basis for the order against discrimination based
on sexual orientation. But I'm not a lawyer, and it'll be up to the Attorney
General to decide.
Kim Elmore
Lawrenceville, GA
(Begin quote)
Executive Order 13160 of June 23, 2000
Nondiscrimination on the Basis of Race, Sex,
Color, National Origin, Disability, Religion, Age,
Sexual Orientation, and Status as a Parent in Federally
Conducted Education and Training Programs
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including <snip> and to
achieve equal opportunity in Federally conducted
education and training programs and activities, it is
hereby ordered as follows:
Section 1. Statement of policy on education programs
and activities conducted by executive departments and
agencies.
1-101. The Federal Government must hold itself to at
least the same principles of nondiscrimination in
educational opportunities as it applies to the
education programs and activities of State and local
governments, and to private institutions receiving
Federal financial assistance. Existing laws and
regulations prohibit certain forms of discrimination in
Federally conducted education and training programs and
activities--including discrimination against people
with disabilities, prohibited by the Rehabilitation Act
of 1973, 29 U.S.C. 701 et seq., as amended, employment
discrimination on the basis of race, color, national
origin, sex, or religion, prohibited by Title VII of
the Civil Rights Act of 1964, 42 U.S.C. 2000e-17, as
amended, discrimination on the basis of race, color,
national origin, or religion in educational programs
receiving Federal assistance, under Title VI of the
Civil Rights Acts of 1964, 42 U.S.C. 2000d, and sex-
based discrimination in education programs receiving
Federal assistance under Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681 et seq. Through this
Executive Order, discrimination on the basis of race,
sex, color, national origin, disability, religion, age,
sexual orientation, and status as a parent will be
prohibited in Federally conducted education and
training programs and activities.
1-102. No individual, on the basis of race, sex, color,
national origin, disability, religion, age, sexual
orientation, or status as a parent, shall be excluded
from participation in, be denied the benefits of, or be
subjected to discrimination in, a Federally conducted
education or training program or activity.
Sec. 2. Definitions.
2-201. ``Federally conducted education and training
programs and activities'' includes programs and
activities conducted, operated, or undertaken by an
executive department or agency.
2-202. ``Education and training programs and
activities'' include, but are not limited to, formal
schools, extracurricular activities, academic programs,
occupational training, scholarships and fellowships,
student internships, training for industry members,
summer enrichment camps, and teacher training programs.
2-203. The Attorney General is authorized to make a
final determination as to whether a program falls
within the scope of education and training
programs and activities covered by this order, under
subsection 2-202, or is excluded from coverage, under
section 3.
2-204. ``Military education or training programs'' are
those education and training programs conducted by the
Department of Defense or, where the Coast Guard is
concerned, the Department of Transportation, for the
primary purpose of educating or training members of the
armed forces or meeting a statutory requirement to
educate or train Federal, State, or local civilian law
enforcement officials pursuant to 10 U.S.C. Chapter 18.
2-205. ``Armed Forces'' means the Armed Forces of the
United States.
<snipped definition of a parent>
Sec. 3. Exemption from coverage.
3-301. This order does not apply to members of the
armed forces, military education or training programs,
or authorized intelligence activities. Members of the
armed forces, including students at military academies,
will continue to be covered by regulations that
currently bar specified forms of discrimination that
are now enforced by the Department of Defense and the
individual service branches. The Department of Defense
shall develop procedures to protect the rights of and
to provide redress to civilians not otherwise protected
by existing Federal law from discrimination on the
basis of race, sex, color, national origin, disability,
religion, age, sexual orientation, or status as a
parent and who participate in military education or
training programs or activities conducted by the
Department of Defense.
<snipped section on affirmative action>
3-303. An individual shall not be deemed subjected to
discrimination by reason of his or her exclusion from
the benefits of a program established consistent with
federal law or limited by Federal law to individuals of
a particular race, sex, color, disability, national
origin, age, religion, sexual orientation, or status as
a parent different from his or her own.
<snipped section exempting programs of Bureau of Indian Affairs>
3-305. This order does not apply to <snip> (b) selections or
other
decisions regarding participation in covered education
or training programs made by entities outside the
executive branch. It shall be the policy of the
executive branch that education or training programs or
activities shall not be available to entities that
select persons for participation in violation of
Federal or State law.
(Presidential Sig.) THE WHITE HOUSE June 23, 2000.
