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LGBT Rights And The Dallas Principles: Now, More Than Ever?

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Major changes within the LGBT community, such as the resignation of HRC’s Joe Solmonese, marriage equality in New York, and the official repeal of Don’t Ask Don’t Tell, remind us that now is a good time to re-visit The Dallas Principles.

 

Given the news a few weeks ago of Human Rights Campaign President Joe Solmonese’s impending resignation and the possibility of a change of direction by HRC’s Board of Directors and his replacement, I think it is time to again take a look at The Dallas Principles, authored a little more than two and a quarter years ago.

For those not familiar with the Dallas Principles, on May 15-17, 2009 in Dallas, Texas twenty-four activists and donors, frustrated with the Obama administration’s pace of fulfilling its campaign promises to the LGBT community, gathered to discuss the immediate need for full equality for lesbian, gay, bisexual and transgender people in the United States. Collectively they prepared The Dallas Principles.

The Dallas Principles is a set of eight guiding principles to achieve full LGBT equality. The principles are:

  • Full civil rights for lesbian, gay, bisexual and transgender individuals must be enacted now. Delay and excuses are no longer acceptable.
  • We will not leave any part of our community behind.
  • Separate is never equal.
  • Religious beliefs are not a basis upon which to affirm or deny civil rights.
  • The establishment and guardianship of full civil rights is a non-partisan issue.
  • Individual involvement and grassroots action are paramount to success and must be encouraged.
  • Success is measured by the civil rights we all achieve, not by words, access or money raised.
  • Those who seek our support are expected to commit to these principles.

I think that especially the number two, “We will not leave any part of our community behind,” number six, “Individual involvement and grassroots action are paramount to success and must be encouraged,” and  number seven, “Success is measured by the civil rights we all achieve, not by words, access or money raised,” need to be considered carefully by HRC’s Board as they move forward.

Individual involvement and grassroots activism has not been encouraged by HRC and although the organization excels at raising money and gaining access, we have failed to achieve full federal equality. Many in our community feel that the organization has not been all-inclusive; that those who are transgender, people of color, the youth and women of our community have not been adequately represented. Some think that HRC has lost touch and is resistant to input from its constituency.

As a supporter of HRC, as well as the more grassroots-driven new kid on the block, GetEQUAL, I am encouraged by the possibility of a change in focus at HRC. Not that Joe Solmonese isn’t good, perhaps too good at what he does; HRC’s fundraising is impressive and many in the media and the establishment consider HRC to be the face of the LGBT community. Joe looks great on TV; he is urbane – well-mannered, well-spoken and well-dressed. Many in the beltway establishment saw us or still see us as affluent, urban dwellers in well-tailored suits and tuxes – at least those of us they choose to take seriously. The rest of us were easily dismissed as drag queens and dykes on bikes – at least that’s who they see spotlighted in the media at Pride-time.

The truth of this impression is reflected in Judge Antonin Scalia’s 1996 dissent in Romer, Governor of Colorado, et al. v. Evans et al. In Romer an amendment to the Colorado state constitution (“Amendment 2”)  that would have prevented any city, town or county in the state from taking any legislative, executive, or judicial action to recognize gay and lesbian citizens as a protected class was passed by Colorado voters in a referendum. The decision in Romer set the stage for Lawrence v. Texas (2003), where the Court overruled its decision in Bowers v. Hardwick (1986), when the Court had ruled that a law criminalizing homosexual sex was constitutional.

Justice Scalia wrote (and Justices Clarence Thomas and Rehnquist concurred) that, “The problem (a problem, that is, for those who wish to retain social disapprobation of homosexuality) is that, because those who engage in homosexual conduct tend to reside in disproportionate numbers in certain communities… have high disposable income,… and of course care about homosexual rights issues much more ardently than the public at large, they possess political power much greater than their numbers, both locally and statewide.”

This is an old, argument and sadly echoes an anti-Semitic one. In essence Scalia is regurgitating the myth and misperception that because the LGBT Community is urban, rich and vocal, it possesses disproportionate political power and is not entitled to the protections of The Equal Protection Clause of the 14th Amendment under guidelines established by previous decisions.

Is it any wonder that Scalia has this impression? For if HRC is perceived to be the face of our community, the face they have presented inside the beltway is as Scalia purported. When they concurred in their dissent, Scalia, Thomas and Rehnquist had obviously not encountered or chose to ignore the many transgender people, out rural lesbians, queer homeless youth, undocumented gay and lesbian students or African-American gay men from Mississippi, to name a few who don’t fit their stereotype of us as rich, politically powerful city dwellers.

But times have changed and a new generation of voices is demanding to be heard. Regardless of the image HRC next chooses to adopt, and I hope it will be less homogenous; the faces in our New Civil Rights Movement will be as diverse as the colors of the rainbow banners they carry and our new generation of young activists, be they lesbian, gay, bisexual, transgender, or straight allies, is much less patient and far more vocal than before.

The authors of the Dallas Principles are Juan Ahonen-Jover, Ken Ahonen-Jover, John Bare, Jarrett Barrios, Dana Beyer, Jeffrey H. Campagna, Mandy Carter, Michael Coe, Jimmy Creech, Allison Duncan, Michael Guest, Joanne Herman, Donald Hitchcock, Lane Hudson, Charles Merrill, Dixon Osburn, Lisa Polyak, Barbra Casbar Siperstein, Pam Spaulding, Andy Szekeres, Lisa Turner, Jon Winkleman, and Paul Yandura.

 

Stuart Wilber lives in Seattle with his partner and cat. Equality continues to elude them.


 

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News

Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’

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April 25, 2024

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Legal experts appeared somewhat pleased during the first half of the Supreme Court’s historic hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was the President of the United States, as the justice appeared unwilling to accept that claim, but were stunned later when the right-wing justices questioned the U.S. Dept. of Justice’s attorney. Many experts are suggesting the ex-president may have won at least a part of the day, and some are expressing concern about the future of American democracy.

“Former President Trump seems likely to win at least a partial victory from the Supreme Court in his effort to avoid prosecution for his role in Jan. 6,” Axios reports. “A definitive ruling against Trump — a clear rejection of his theory of immunity that would allow his Jan. 6 trial to promptly resume — seemed to be the least likely outcome.”

The most likely outcome “might be for the high court to punt, perhaps kicking the case back to lower courts for more nuanced hearings. That would still be a victory for Trump, who has sought first and foremost to delay a trial in the Jan. 6 case until after Inauguration Day in 2025.”

Slate’s Mark Joseph Stern, who covers the courts and the law, noted: “This did NOT go very well [for Special Counsel] Jack Smith’s team. Thomas, Alito, and Kavanaugh think Trump’s Jan. 6 prosecution is unconstitutional. Maybe Gorsuch too. Roberts is skeptical of the charges. Barrett is more amenable to Smith but still wants some immunity.”

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Civil rights attorney and Tufts University professor Matthew Segal, responding to Stern’s remarks, commented: “If this is true, and if Trump becomes president again, there is likely no limit to the harm he’d be willing to cause — to the country, and to specific individuals — under the aegis of this immunity.”

Noted foreign policy, national security and political affairs analyst and commentator David Rothkopf observed: “Feels like the court is leaning toward creating new immunity protections for a president. It’s amazing. We’re watching the Constitution be rewritten in front of our eyes in real time.”

“Frog in boiling water alert,” warned Ian Bassin, a former Associate White House Counsel under President Barack Obama. “Who could have imagined 8 years ago that in the Trump era the Supreme Court would be considering whether a president should be above the law for assassinating opponents or ordering a military coup and that *at least* four justices might agree.”

NYU professor of law Melissa Murray responded to Bassin: “We are normalizing authoritarianism.”

Trump’s attorney, John Sauer, argued before the Supreme Court justices that if Trump had a political rival assassinated, he could only be prosecuted if he had first been impeach by the U.S. House of Representatives then convicted by the U.S. Senate.

During oral arguments Thursday, MSNBC host Chris Hayes commented on social media, “Something that drives me a little insane, I’ll admit, is that Trump’s OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosecuted if it came to that. Now they’re arguing that the only way he could be prosecuted is if they convicted.”

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Attorney and former FBI agent Asha Rangappa warned, “It’s worth highlighting that Trump’s lawyers are setting up another argument for a second Trump presidency: Criminal laws don’t apply to the President unless they specifically say so…this lays the groundwork for saying (in the future) he can’t be impeached for conduct he can’t be prosecuted for.”

But NYU and Harvard professor of law Ryan Goodman shared a different perspective.

“Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward. It’d be a travesty for Justices to delay matters further. Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.”

NYU professor of history Ruth Ben-Ghiat, an expert scholar on authoritarians, fascism, and democracy concluded, “Folks, whatever the Court does, having this case heard and the idea of having immunity for a military coup taken seriously by being debated is a big victory in the information war that MAGA and allies wage alongside legal battles. Authoritarians specialize in normalizing extreme ideas and and involves giving them a respected platform.”

The Nation’s justice correspondent Elie Mystal offered up a prediction: “Court doesn’t come back till May 9th which will be a decision day. But I think they won’t decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.”

Watch the video above or at this link.

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Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’

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April 25, 2024

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Justices on the U.S. Supreme Court hearing Donald Trump’s claim of absolute immunity early on appeared at best skeptical, were able to get his attorney to admit personal criminal acts can be prosecuted, appeared to skewer his argument a president must be impeached and convicted before he can be criminally prosecuted, and peppered him with questions exposing what some experts see is the apparent weakness of his case.

Legal experts appeared to believe, based on the Justices’ questions and statements, Trump will lose his claim of absolute presidential immunity, and may remand the case back to the lower court that already ruled against him, but these observations came during Justices’ questioning of Trump attorney John Sauer, and before they questioned the U.S. Dept. of Justice’s Michael Dreeben.

“I can say with reasonable confidence that if you’re arguing a case in the Supreme Court of the United States and Justices Alito and Sotomayor are tag-teaming you, you are going to lose,” noted attorney George Conway, who has argued a case before the nation’s highest court and obtained a unanimous decision.

But some are also warning that the justices will delay so Special Counsel Jack Smith’s prosecution of Trump will not take place before the November election.

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“This argument still has a ways to go,” observed UCLA professor of law Rick Hasen, one of the top election law scholars in the county. “But it is easy to see the Court (1) siding against Trump on the merits but (2) in a way that requires further proceedings that easily push this case past the election (to a point where Trump could end this prosecution if elected).”

The Economist’s Supreme Court reporter Steven Mazie appeared to agree: “So, big picture: the (already slim) chances of Jack Smith actually getting his 2020 election-subversion case in front of a jury before the 2024 election are dwindling before our eyes.”

One of the most stunning lines of questioning came from Justice Ketanji Brown Jackson, who said, “If someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority, could go into Office knowing that there would be no potential penalty for committing crimes. I’m trying to understand what the disincentive is, from turning the Oval Office into, you know, the seat of criminal activity in this country.”

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She also warned, “If the potential for criminal liability is taken off the table, wouldn’t there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they’re in office? It’s right now the fact that we’re having this debate because, OLC [Office of Legal Counsel] has said that presidents might be prosecuted. Presidents, from the beginning of time have understood that that’s a possibility. That might be what has kept this office from turning into the kind of crime center that I’m envisioning, but once we say, ‘no criminal liability, Mr. President, you can do whatever you want,’ I’m worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he’s in office.”

“Why is it as a matter of theory,” Justice Jackson said, “and I’m hoping you can sort of zoom way out here, that the president would not be required to follow the law when he is performing his official acts?”

“So,” she added later, “I guess I don’t understand why Congress in every criminal statute would have to say and the President is included. I thought that was the sort of background understanding that if they’re enacting a generally applicable criminal statute, it applies to the President just like everyone else.”

Another critical moment came when Justice Elena Kagan asked, “If a president sells nuclear secrets to a foreign adversary, is that immune?”

Professor of law Jennifer Taub observed, “This is truly a remarkable moment. A former U.S. president is at his criminal trial in New York, while at the same time the U.S. Supreme Court is hearing his lawyer’s argument that he should be immune from prosecution in an entirely different federal criminal case.”

Watch the videos above or at this link.

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‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act

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5 hours ago

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April 25, 2024

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The county clerk for Ingham County, Michigan blasted Republican National Committee co-chair Lara Trump after the ex-president’s daughter-in-law bragged the RNC will have people to “physically handle” voters’ ballots in polling locations across the country this November.

“We now have the ability at the RNC not just to have poll watchers, people standing in polling locations, but people who can physically handle the ballots,” Trump told Newsmax host Eric Bolling this week, as NCRM reported.

“Will these people, will they be allowed to physically handle the ballots as well, Lara?” Bolling asked.

“Yup,” Trump replied.

Marc Elias, the top Democratic elections attorney who won 63 of the 64 lawsuits filed by the Donald Trump campaign in the 2020 election cycle (the one he did not win was later overturned), corrected Lara Trump.

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“Poll observers are NEVER permitted to touch ballots. She is suggesting the RNC will infiltrate election offices,” Elias warned on Wednesday.

Barb Byrum, a former Michigan Democratic state representative with a law degree and a local hardware store, is the Ingham County Clerk, and thus the chief elections official for her county. She slammed Lara Trump and warned her the RNC had better not try to touch any ballots in her jurisdiction.

“I watched your video, and it’s riveting stuff. But if you think you’ll be touching ballots in my state, you’ve got another thing coming,” Byrum told Trump in response to the Newsmax interview.

“First and foremost, precinct workers, clerks, and voters are the only people authorized to touch ballots. For example, I am the County Clerk, and I interact with exactly one voted ballot: My own,” Byrum wrote, launching a lengthy series of social media posts educating Trump.

“Election inspectors are hired by local clerks in Michigan and we hire Democrats and Republicans to work in our polling places. We’re required by law to do so,” she continued. “In large cities and townships, the local clerks train those workers. In smaller cities and townships, that responsibility falls to County Clerks, like me.”

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She explained, “precinct workers swear an oath to uphold the Constitution of the United States and the Constitution of the State of Michigan.”

“Among the provisions in the Michigan Constitution is the right to a secret ballot for our voters,” she added.

Byrum also educated Trump on her inaccurate representation of the consent decree, which was lifted by a court, not a judge’s death, as Lara Trump had claimed.

“It’s important for folks to understand what you’re talking about: The end of a consent decree that was keeping the RNC from intimidating and suppressing voters (especially in minority-majority areas).”

“With that now gone, you’re hoping for the RNC to step up their game and get people that you train to do god-knows what into the polling places.”

Byrum also warned Trump: “If election inspectors are found to be disrupting the process of an orderly election OR going outside their duties, local clerks are within their rights to dismiss them immediately.”

“So if you intend to train these 100,000 workers to do anything but their sacred constitutional obligation, they’ll find themselves on the curb faster than you can say ‘election interference.'”

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