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 presidentÂ won’tÂ 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:
The Administrative Procedures Act provides safeguards against politically motivated policy switches.Â 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.Â 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.Â 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.
- Â 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 â€” and subject to the will of â€” 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, launchedÂ stopbullyingnow.com.
- The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.Â 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 individualâ€™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 â€œmembers of a family residing in one householdâ€ 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 employeeâ€™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 partnerâ€™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 administrationâ€™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.
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Trump Organization Given ‘Corporate Death Penalty’ and Ordered Dissolved by Judge After ‘Persistent Fraud’: Legal Experts
A New York judge has ordered Donald Trump’s business entities in the state of New York, including The Trump Organization, dissolved, and his business certificates canceled, according to legal experts, after ruling that the ex-president for years committed fraud and deceived banks and insurers by inflating the value of his assets.
Manhattan Supreme Court Justice Arthur Engoron “has ordered cancellation of all [NYS] business [certificates] of ‘any entity controlled or beneficially owned by Donald J. Trump, Donald Trump, Jr, Eric Trump, Alan Weisselberg, & Jeffrey McConney. An independent receiver will manage the dissolutions,” writes former federal prosecutor Elizabeth de la Vega.
Correct, @AndrewFeinberg. The judge has ordered cancellation of all [NYS] business certs of “any entity controlled or beneficially owned by Donald J. Trump, Donald Trump, Jr, Eric Trump, Alan Weisselberg, & Jeffrey McConney. An independent receiver will manage the dissolutions. https://t.co/mK0vkzQXon
— Elizabeth de la Vega (@Delavegalaw) September 26, 2023
The Messenger reports Judge Engoron’s “blockbuster ruling found that the former president and his business leaders failed to correct course after warned of a ‘propensity to engage in persistent fraud,'” and ordered “a quick timeline to dissolve the Trump Organization and other corporate entities.”
MSNBC legal analyst Lisa Rubin explains that the “New York trial court judge has found that Trump, his adult sons, and Allen Weisselberg engaged in a persistent, years-long fraud through ‘fantasy world’ valuations of core Trump assets, including his own residence and various golf courses and office buildings.”
“His decision not only eliminates the need for trial on that claim, but also orders fairly dramatic relief: the cancellation of New York business certificates for all of the entities named as defendants, ‘as well as any other entity controlled or beneficially owned by the individual defendants found liable,'” she adds.
“In addition to finding that Trump committed fraud, the judge canceled the certificates of various Trump businesses, appointed a former judge as an independent monitor of the Trump Organization, and will appoint receivers to manage the canceled LLCs,” writes former federal prosecutor Renato Mariotti.
“This is a pretty big deal,” he adds.
Professor of law Ryan Goodman, the former Dept. of Defense Special Counsel says Manhattan Supreme Court Justice Arthur Engoron ordered the “corporate death penalty” for the Trump organization. Former U.S. Attorney Joyce Vance also used the term “corporate death penalty.”
“The leading Republican candidate has been found liable for sexual assault and fraud, his companies found guilty of fraud, and he’s charged with 91 OTHER felony counts. That he is not dismissed politically out of hand says much more about us, than about him,” observes MSNBC’s Andrew Weissmann, the well-known former lead prosecutor in Robert S. Mueller’s Special Counsel’s Office and former FBI General Counsel.
Attorney, retired U.S. Air Force colonel, and former administrative law judge Moe Davis responding to the news, writes: “Trump is the eponymous fraudster. The name Trump is to fraud what Campell’s is to soup, Kleenex is to tissue, and ping is to pong.”
Trump Committed Fraud and Deceived Banks While Growing His Real Estate Empire, Judge Says: Report
Donald Trump committed fraud, deceived banks, and inflated the value of his real estate holdings a judge said Tuesday, granting New York Attorney General Letitia James partial summary judgment in her civil case against the ex-president.
Manhattan Supreme Court Justice Arthur Engoron “has ruled that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House,” The Associated Press reports. Judge Engoron “found that the former president and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing financing.”
“The decision, days before the start of a non-jury trial in Attorney General Letitia James’ lawsuit, is the strongest repudiation yet of Trump’s carefully coiffed image as a wealthy and shrewd real estate mogul turned political powerhouse,” The AP adds.
Attorney General James “is seeking $250 million in penalties and a ban on Trump doing business in New York, his home state. The trial could last into December, Engoron has said.”
READ MORE: McCarthy Now Blaming Likely Shutdown on Fentanyl, President Biden, and His Own House Republicans
Image via Shutterstock
McCarthy Now Blaming Likely Shutdown on Fentanyl, President Biden, and His Own House Republicans
Speaker Kevin McCarthy during a raucous gaggle with reporters Tuesday afternoon blamed the increasingly likely shutdown of the federal government on fentanyl, President Joe Biden, and his own House Republicans.
Political experts have said the Republican Speaker could avoid a government shutdown, which will happen at midnight on Friday if legislation is not passed, by making a deal with Democrats and a small number of House Republicans. Doing so would likely cost him his job.
Asked on Tuesday by CNN’s Manu Raju, “Are you ruling out a clean CR without any border security?” McCarthy immediately launched in to a diatribe.
“You know what’s so concerning here? What do you tell to the families that tomorrow morning are gonna wake up and their child’s dead? Because fentanyl came across?” he asked the CNN reporter (video below). “What do you tell to that border agent that you saw the other day? Now his network doesn’t believe it but he’s all in blood. Or the cartels, the billions of dollars that they’re making. Or to the young girls that get raped?”
Another reporter, seemingly frustrated, interjected and asked, “But what do you tell the workers who are concerned they’re gonna get furloughed next week because there is no agreement in your chamber, sir?”
“Well, I know. It’s easy,” McCarthy claimed. “All the President has to do is say, ‘You know what, as one of my fundamental jobs as the President of the United States is to secure our border.'”
Another reporter, ignoring the Speaker’s apparent obfuscation, loudly asked, “Speaker McCarthy if we see the rule votes fail later today, is it possible to even move on to a CR [continuing resolution] for you?”
“Oh, yeah, I never give up,” McCarthy said smiling.
“I know that,” she replied, “but do you think you have the votes?”
Again, not delivering a straight answer, McCarthy smiled and replied, “Oh, I’ve got a lot of things I can try.”
CNN’s Raju reported that McCarthy, when asked about the “math,” meaning if he has the votes to keep the government open, said: “What’s concerning to me is that there are people in the Republican Party who will take the position of President Biden against what the rest of Americans want.”
That could suggest some Republicans have indicated they would vote with Democrats on a bill to keep the government from shutting down.
Raju also reported he asked “Speaker McCarthy if he believes he could survive a vote to oust him from the speakership, as [Rep. Matt] Gaetz has threatened, and he said: ‘I don’t count that vote.'”
NPR’s Joel Rose has reported, “Close to 90% of … fentanyl is seized at ports of entry. Immigration authorities say it is smuggled mostly by U.S. citizens, as well as other travelers who are legally authorized to cross. Virtually none is seized from migrants who are seeking asylum.”
On Monday The Washington Post Editorial Board wrote: “The U.S. government will almost certainly shut down on Oct. 1, the work of ultraconservative holdouts who want to ‘burn the whole place down,’ as House Speaker Kevin McCarthy (R-Calif.) put it. Yet, for now, Mr. McCarthy does not appear willing to take away the matches. He could sideline the objectors by calling House Democrats and agreeing to pass bipartisan legislation to fund the government.”
Watch McCarthy below or at this link.
When asked if he has the votes for a continuing resolution to avert a government shutdown if the House rules vote fails, Speaker Kevin McCarthy (R-CA) says, “I’ve got a lot of things I can try.” pic.twitter.com/byzQP5XUCc
— The Recount (@therecount) September 26, 2023
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