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

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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

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“So important, it is so big in the Bible, so, as we make America great again, we are going to protect American children in foster care.”

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“You literally fought in court to strip families of food assistance,” declared California Governor Gavin Newsom.

“Your ICE agents pepper sprayed a baby last week,” charged House Homeland Security Committee Democrats.

“He sued to block kids from getting SNAP benefits just days ago,” wrote The Lincoln Project.

The Friendly Atheist’s Hemant Mehta posted a headline that read: “USAID cuts may lead to more than 14 million deaths globally, including 4.5 million children under 5 by 2030, researchers say.”

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It took congressional Democrats more than a year of work — plus several years of prior policy development — to create the Affordable Care Act, also known as Obamacare. Now, Republicans are scrambling to fix it after passing President Donald Trump’s “One Big Beautiful Bill,” which stripped away the subsidies that helped make buying insurance on the exchanges affordable.

And they have just weeks to make it happen, before the new premiums go into effect on January 1.

The House is back in session after Speaker Mike Johnson kept Republicans in their home districts for almost two months during the federal government shutdown. Now, Republicans and the Trump White House are starting to decide what, if anything, they will do to keep premiums — already published — from doubling or even tripling in certain cases.

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Capitol Hill is in a similar state.

Noting that “the clock is ticking,” NBC News reported that “Republicans, under pressure from Democrats after the government shutdown revived the health care clash, have not coalesced around legislation or even an abstract idea, and are only now starting serious discussions about putting proposals together.”

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U.S. Rep. Jeff Van Drew (R-NJ), a former Democrat, “warned, ‘not only is it morally bankrupt, it’s political suicide’ for Republicans to let the subsidies expire without an alternative in place.”

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Some are warning that bypassing the Obamacare exchanges could damage or destroy them.

“A tweet is not a health care plan,” Larry Levitt, executive vice president for health policy at KFF, told NBC. “If people could use these Trump health care dollars to buy insurance not regulated by the ACA, it would likely cause the ACA to collapse and upend protections for pre-existing conditions.”

Meanwhile, critics are blasting Republicans on Capitol Hill as well as the Trump administration for waiting so long before starting to try to create a plan.

Responding to the NBC News report, journalist Justin Baragona observed, “we’re still on ‘concepts of a plan’ here.”

“They’ve had 10+ years to work on this and have nothing,” wrote Laura Belin, a reporter for a progressive website. “Time to stop taking their supposed health care policy work seriously.”

“The White House is in ‘early ideation’ phase on ACA subsidies,” wrote The Bulwark’s Jonathan Cohn. “An issue already hitting millions of insurance buyers And that Democrats (not to mention analysts, journalists etc) have been saying needs attention for more than a year.”

Michigan Democratic State Senate Majority Whip Mallory McMorrow, a candidate for the U.S. Senate, wrote: “After Republicans refused to extend ACA subsidies, 4 Michigan insurers are dropping out of the ACA marketplace altogether. That’s 200,000 Michiganders who just lost their plans. Others are just going to cancel their plans. Which means more uncompensated care. Which means *everyone’s* healthcare costs will be higher.”

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George Conway, the prominent attorney, Trump critic, and ex-husband of former Trump White House senior counselor Kellyanne Conway, may be considering a run for Congress.

According to a report at CNN and a post by New York Times congressional correspondent Annie Karni, Conway is eyeing a run for retiring Democratic U.S. Rep. Jerry Nadler’s New York district.

CNN reported that Conway, 62, is “actively considering running for Congress from New York City, a source familiar with the matter tells CNN.”

Karni reported, “the Conway pitch being — what the House will need next year is an aggressive lawyer with an investigative background just going after Trump.”

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Conway is a former Republican who became an independent in 2018. He has a law degree from Yale, and successfully argued a case before the U.S. Supreme Court, obtaining a unanimous ruling. He is a co-founder of The Lincoln Project and currently co-hosts a podcast at The Bulwark.

Should Democrats retake the majority in the House of Representatives, it’s likely there will be numerous investigations into President Donald Trump and his administration — not to mention possible efforts to impeach the unpopular and controversial Commander in Chief.

Conway would have good company in a primary.

“Jack Schlossberg, former President John F. Kennedy’s grandson, entered the race this week,” CNN noted.

The Daily Beast adds that “much of the buzz around Conway stems from his personal life. While he and his 58-year-old ex-wife, Kellyanne, tried to make their marriage work amid his dramatic political realignment, the couple frequently made headlines. As Kellyanne served as senior counselor to Trump from 2017 to 2020, her husband routinely sounded off on her boss and advisers—including Stephen Miller, whom Kellyanne referred to as one of her ‘best friends’ in the current administration earlier this month.”

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Image by Presia Debauch via Flickr and a CC license

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