Connect with us

22 LGBT Advances That (Probably) Will Disappear Under A President Romney

Published

on

Under a President Mitt Romney, there are at least 22 advances in LGBT civil rights delivered by President Barack Obama that most likely will disappear. While Nancy Pelosi and, to a far lesser extent, Harry Reid, have worked to support civil rights and protections for the gay community, Barack Obama has — sometimes with great fanfare, oftentimes in the shadows — delivered important advances.

Back in 2010, at Change.org, I wrote a somewhat controversial (at the time) article, “Obama’s Gay Rights Come With An Expiration Date,” which stated:

President Obama should know better than to incrementalize gay rights, and tie them to his presidency. And yet, that’s exactly what he’s doing.

…

President Obama has slowly and quietly doled out rights to the LGBTQ community. These are rights we should have by the very nature of our existence, rights that every other American has upon birth, but the president has doled them out cautiously, meekly, without pomp or circumstance, and, worse, he has tied them to his presidency.

This tactic is problematic for two reasons.

First, by expanding our civil rights by issuing executive orders and memoranda, President Obama’s gay civil rights come with an expiration date. Yes, that’s right. The rights he has decreed, without working through Congress, are tied to his presidency. Any of his successors can, simply with the stroke of a pen, wipe out all our hard-earned rights, just because he or she wants to. Do you honestly think the next Republican president won’t do that?

Today, the Washington Blade’s Chris Johnson posts a long list of 21 LGBT advances a President Romney could — with the stroke of a pen or incrementally — make disappear into a more progressive history.

Asking, “Would President Romney undo pro-LGBT advances?,” Johnson notes:

Many of the pro-LGBT advances that have happened under the Obama administration occurred through changes made by the executive branch rather than through legislation. Changes that were made without the consent of Congress could be reversed under an administration that wanted to cozy up to the religious right.

The Washington Blade has identified five regulatory changes and 16 sub-regulatory changes enacted by the Obama administration that could be reversed if Romney were elected to the White House. These changes include giving greater recognition to same-sex couples, protecting federal LGBT workers against discrimination and ensuring the federal government recognizes the correct gender of transgender people.

The one Johnson doesn’t include in his list of “five regulatory changes and 16 sub-regulatory changes” is the most-obvious: Obama’s support of same-sex marriage equality.

Here’s the list from the Blade:

Regulations

The Administrative Procedures Act provides safeguards against politically motivated policy switches. Thus repealing the policies below would involve a multi-year process.

  • The Department of Health and Human Services (HHS) adopted a regulation ending the ban on HIV-positive visitors and immigrants.
  • President Obama issued Presidential Memorandum in April 2010 directing HHS to issue regulations requiring all hospitals receiving Medicaid and Medicare to prohibit discrimination in visitation against LGBT people. HHS issued a final regulation that went into effect in early 2011.
  • HUD issued final regulations in January 2012 prohibiting discrimination in federal public housing programs and federally insured mortgage loans.  HUD also requires its grantees to comply with LGBT-inclusive state and local housing discrimination protections.
  • The Office of Personnel Management published final regulations in the Federal Register expanding the eligibility for long-term care coverage to same-sex partners and sick leave to care for a same-sex partner.
  •  The federal Prison Rape Elimination Commission proposed national standards to reduce sexual abuse in correctional facilities, including standards regarding LGBT and intersex inmates. They were later instituted as a rule finalized by the Justice Department last month.

Sub-Regulatory Guidance/Policy Announcements

These are policy advances instituted by — and subject to the will of — the administration.

  • The Department of Health and Human Services revised its funding guidance around abstinence-only-until-marriage sex education programs, requiring that recipient programs are inclusive of and non-stigmatizing toward LGBT youth.
  • HHS, in partnership with the Department of Education and Department of Justice, launched stopbullyingnow.com.
  • The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.  These new standards provide guidance that aims to improve treatment of LGBT and HIV-positive people in detention facilities.
  • In summer 2011, ICE published a memo and clarifying guidance providing that an individual’s family relationships, including a same-sex relationship, would be considered as a factor in labeling certain deportations as low-priority deportations.
  • The U.S. Customs and Border Patrol announced a proposed regulatory change expanding the meaning of “members of a family residing in one household” for the purposes of the customs declaration form, which must be completed prior to re-entry to the United States.
  • The DOJ issued an opinion clarifying that the criminal provisions of the Violence Against Women Act related to stalking and abuse apply equally to same-sex partners.
  • The State Department revised the standards for changing a gender marker on a passport, making the process less burdensome for transgender people.
  • In September 2011, the Social Security Administration confirmed that it ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). This resulted in the immediate cessation of SSA sending notifications that alert employers when the gender marker on an employee’s W-2 does not match Social Security records.
  • The State Department extended numerous benefits to the partners of Foreign Service officers, including diplomatic passports and access to emergency evacuation.
  • The State Department reversed a Bush administration policy that refused to use a same-sex marriage license as evidence of a name change for passports.
  • The Department of Education issued guidance clarifying when student bullying may violate federal law, distributed a memo outlining key components of strong state anti-bullying laws and policies and made clear to public schools that gay-straight alliances have a right to form and meet.
  • The Department of Education published guidance and, in coordination with the Department of Justice, has pursued Title IX complaints filed by LGBT students experiencing harassment based on sex or sex stereotyping.
  • OPM added gender identity to the equal employment opportunity policy governing all federal jobs.
  • The Department of Labor issued guidance clarifying that an employee can take time off under the Family and Medical Leave Act to care for a same-sex partner’s child.
  • The IRS clarified that domestic partners (and their children) can be designated beneficiaries for VEBA funding/payment purposes.
  • The Census Bureau overturned the Bush administration’s interpretation of the Defense of Marriage Act and agreed to release data on married same-sex couples along with other demographic information from the 2010 Census.

SOURCE: HRC

Related Topics:
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

‘All-Out War’: Trump’s Attorney Tells Kimberly Guilfoyle Ex-President Will Be ‘Loud and Proud’ When Showing Up for Indictment

Published

13 hours ago

on

March 20, 2023

By

Donald Trump’s attorney for Manhattan District Attorney Alvin Bragg’s hush money case against the ex-president was interviewed by Kimberly Guilfoyle for her new show on Monday. Guilfoyle is engaged to Donald Trump’s eldest son, Donald Trump, Jr.

Attorney Joe Tacopina told Guilfoyle, the ex-Fox News host, that the ex-president will happily show up in Manhattan if and when DA Alvin Bragg indicts him.

Guilfoyle asked Tacopina if Trump is indicted would he want them to “do it virtually,” presumably so Trump could participate from Mar-a-Lago.

Frowning, Tacopina said the district attorney and prosecutors “do what they want.. At this point, this is an all-out war.”

“Donald Trump is the toughest human being I’ve ever met,” Tacopina continued.

“Donald Trump is not going to ask for anything from them. If they want him at 100 Centre Street,” the address of the New York County Criminal Court and NYPD Manhattan Central Booking, Tacopina told Guilfoyle, “he’ll be there loud and proud, and there’s nobody that’s gonna make him cower.”

READ MORE: Republicans Are ‘Obstructing Justice’ and ‘Becoming Accessories’ to Trump’s ‘Crimes’: Former Prosecutor

Guilfoyle does not appear to disclose her relationship to either Trump in her video, which is produced to appear as an actual news show, during which she shares legal theory with viewers.

Tacopina tells Guilfoyle Trump is the victim, and the only crime was extortion. The grand jury likely will have a difference of opinion.

He also falsely calls The Wall Street Journal, a sister entity to Fox News and The New York Post – all owned by Rupert Murdoch – a “far-left” publication.

Watch a short clip below or at this link.

Continue Reading

News

Republicans Are ‘Obstructing Justice’ and ‘Becoming Accessories’ to Trump’s ‘Crimes’: Former Prosecutor

Published

16 hours ago

on

March 20, 2023

By

In the wake of Donald Trump‘s numerous recent social media rants attacking various prosecutors investigating his possibly unlawful acts, and his claim over the weekend that he will be indicted on Tuesday, many House and Senate Republicans have been rushing to his defense, wrongly claiming he is the victim of a political prosecution.

At least two former federal prosecutors are blasting them, with one saying it is “illegal” to interfere with an ongoing criminal investigation, and another warning Republicans are engaging in obstruction of justice and are becoming “accessories after the fact.”

On Saturday, House Speaker Kevin McCarthy slammed Manhattan District Attorney Alvin Bragg, who is expected this week to indict the former president.

“Here we go again — an outrageous abuse of power by a radical DA who lets violent criminals walk as he pursues political vengeance against President Trump,” McCarthy wrongly told Americans. “I’m directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions.”

READ MORE: Trump Files Sweeping Legal Motion to Try to Block Georgia Grand Jury Findings and District Attorney Fani Willis

McCarthy’s tweet was highly criticized, including by retired Democratic U.S. Congressman John Yarmouth of Kentucky.

“I may end being not fully accurate, but Kevin McCarthy may be implicitly endorsing falsifying business records, tax fraud, campaign finance crime, and more, including obstruction of justice, when undermining the justice system is exactly what his tweet does,” tweeted Yarmouth.

McCarthy didn’t stop there.

“Alvin Bragg is abusing his office to target President Trump while he’s reduced a majority of felonies, including violent crimes, to misdemeanors. He has different rules for political opponents,” McCarthy alleged on Sunday. “Republicans stopped the radical DC crime law, and we will investigate any use of federal funds that are used to facilitate the perversion of justice by Soros-backed DA’s across the country.”

Some Republicans injected what many see as the GOP’s increasing embrace of antisemitism into their attacks against Bragg.

U.S. Senator J.D. Vance (R-OH) on Sunday tweeted: “Alvin Bragg is bought by George Soros. He allows violent criminals to walk the streets of New York City, but will prosecute the likely Republican nominee (and former president) on a baseless misdemeanor charge. These people are trying to turn America into a third-world country.”

Elise Stefanik (R-NY), the Chair of the House Republican Conference and an ultra-MAGA extremist, also used the Soros reference, which experts have said can be antisemitic: “The Soros-backed woke prosecutor Alvin Bragg must testify under oath before Congress.”

Attorney and writer David Lurie, pointing to both McCarthy’s and Vance’s tweets, wrote: “GOP politicians like McCarthy, Trump and JD Vance now routinely include antisemitic conspiracism in their political rhetoric.” He linked to this article he wrote at Public Notice.

“JD Vance is advancing a claim that a Jew ‘bought’ a respected prosecutor, who just happens to be Black,” Lurie added. “Double bigotry in just one tweet.”

U.S. Senator Rick Scott (R-FL) also engaged in the antisemitic “Soros-backed” reference.

READ MORE: ‘RICO’: Trump Could Be Facing Racketeering and Conspiracy Charges Used to Prosecute Organized Crime

Speaker McCarthy “is right,” Scott tweeted, “and I fully support his call for an investigation. No federal dollars should be used to prop up this radical, Soros-backed activist attorney or his gross political attacks.”

U.S. Senator Steve Daines (R-MT) on Sunday said District Attorney Bragg “should focus on the violent criminals terrorizing New York instead of pursuing politically motivated charges against” Donald Trump.

On Monday, a former federal prosecutor for 30 years, Glenn Kirschner, issued a warning for Republicans.

“In a very real sense, congressional Republicans who use their power & their office to thwart criminal prosecutions of Donald Trump are becoming accessories after the fact to Trump’s crimes. They are obstructing justice. And we can expect [it] to continue if it goes unaddressed.”

Kirschner was responding to this tweet from noted Harvard professor of law (retired) Laurence Tribe: “House Republicans are gathered at a luxury resort near Disney World where House Judiciary Chair JIM JORDAN (R-Ohio) & senior GOP leaders are preparing to demand testimony from members of Manhattan DA’s Office amid reports of an imminent Trump indictment.”

READ MORE: ‘This Man Is a Criminal’: George Conway Busts GOP’s ‘Completely Ridiculous’ Trump Defense

Monday afternoon Jordan and his colleagues did just that, sending a letter to Manhattan District Attorney Alvin Bragg, demanding he hand over communications and testify before Congress to explain his prosecution of Trump.

“Was the Manhattan DA’s office in communication with DOJ about their investigation of President Trump?” Jordan tweeted. “Was the Manhattan DA’s office using federal funds to investigate President Trump? Alvin Bragg owes our committee answers.”

In response, U.S. Rep. Ted Lieu (D-CA), an attorney and former military prosecutor with the U.S. Air Force Judge Advocate General’s Corps, called Jordan’s actions “illegal.”

“Dear @Jim_Jordan,” Lieu tweeted. “Local prosecutors, including DA Bragg, owe you nothing. In fact, it is illegal for you and @JudiciaryGOP to interfere in an ongoing criminal investigation, or a criminal trial (if there is one).”

 

Continue Reading

BREAKING NEWS

Jim Jordan Waging ‘Purely Political Attack’: Demands Bragg Testify Before Congress Over Expected Trump Indictment

Published

20 hours ago

on

March 20, 2023

By

In an unprecedented move House Republican Judiciary Chairman Jim Jordan is demanding Manhattan District Attorney Alvin Bragg testify before Congress over his expected indictment of Donald Trump. Bragg, officially the New York County District Attorney, is an elected official whose office was created under the New York State Constitution and does not answer to Congress.

Professor of law and former U.S. Attorney Joyce Vance quickly blasted Jordan’s move, saying: “what jurisdiction does Congress have over a DA elected by Manhattanites? Sure, Jordan will talk about fed’l funding, but this is a purely political attack on local gov’t.”

Earlier Monday, reacting to Speaker Kevin McCarthy’s remarks, Vance said: “It’s not up to House Republicans to review Manhattan DA Alvin Bragg’s conduct. It’s up to Manhattan voters. If Trump is indicted, a jury will decide whether there’s sufficient evidence to convict. The GOP continues to undercut our democratic institutions to serve Trump.”

Jordan’s letter, he writes to Bragg: “In light of the serious consequences of your actions, we expect that you will testify about what plainly appears to be a politically motivated prosecutorial decision,” according to a Fox Corp. article. The website also says it was signed by two other Republicans: House Oversight Committee Chair Jim Comer and House Committee on Administration Chair Brian Steil. None have any oversight authority on the Office of the Manhattan District Attorney.

READ MORE: Trump Files Sweeping Legal Motion to Try to Block Georgia Grand Jury Findings and District Attorney Fani Willis

“Jordan warned Bragg that if news reports of a possible Trump indictment are accurate, Bragg’s actions ‘will erode confidence in the evenhanded application of justice and unalterably interfere in the court of the 2024 presidential election,'” Fox adds.

“The legal theory underlying your reported prosecution appears to be tenuous and untested,” Jordan wrote. He also attacked former Trump attorney Michael Cohen, who has testified extensively in the case before the grand jury.

Just before leaving office Trump awarded Jordan the Presidential Medal of Freedom.

According to former Trump White House aide Cassidy Hutchinson who testified publicly and privately before the U.S. House Select Committee on the January 6 Attack, Jordan discussed pardons with the White House for Republican Members of Congress, although she says he did not ask for one himself. Jordan also defied a subpoena from the January 6 Select Committee.

In a Monday morning interview with Fox Corp.’s Harris Faulkner, Jordan falsely describes Trump’s hush money payment to adult film actress and director Stormy Daniels as “some alleged bookkeeping error.” The expected charges have neither been voted on by the grand jury nor announced.

“Charges in NY are expected to involve false business records created to conceal Trump’s payment of hush money to Stormy Daniels but there are possible charges involving manipulating property values for tax, loan & insurance advantages,” Vance also  said Monday.

READ MORE: ‘RICO’: Trump Could Be Facing Racketeering and Conspiracy Charges Used to Prosecute Organized Crime

Watch video of Jordan discussing the letter and see the letter itself below or at this link:

 

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.