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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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COMMENTARY

‘I’m Broke’: One Day Before Shutdown and With No Plan McCarthy Says He Has ‘Nothing’ in His ‘Back Pocket’

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Just 30 hours before his own Republican conference likely will have succeeded in shutting down the federal government of the United States, Speaker of the House Kevin McCarthy candidly admitted to reporters he’s run out of ideas.

Earlier Friday in an “embarrassing failure,” 21 House Republicans killed legislation from their own party, a short-term continuing resolution, that would have kept the federal government open.

Later on Friday afternoon, swarmed by reporters, McCarthy was asked if he was going to tell them what his plans are. He sarcastically replied, “No, I’m going to keep it all a secret.”

When pressed, he said he would “keep working, and make sure we solve this problem.”

“What’s in your back pocket, Speaker?” another reporter asked, pressing him for an answer.

“Nothing right now. I’m broke,” he admitted, apparently referring to options and ideas to avoid a shutdown.

READ MORE: ‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert

But another reporter asked Speaker McCarthy the main question: Would he partner with House Democratic Minority Leader Hakeem Jeffries to put the Senate’s bill before the House.

He refused to answer.

Just before 5 PM CNN’s Manu Raju reported on the ongoing House Republicans’ closed-door meeting with the Speaker, a meeting where the 21 Republicans who will likely be effectively responsible for the shutdown reportedly did not attend.

“McCarthy is telling [Republicans] now there aren’t many options to avoid a shutdown, according to sources in room. He says they can approve GOP’s stop-gap plan that failed, accept Senate plan, put a ‘clean’ stop-gap on floor to dare Democrats to block it — or shut down the government.”

READ MORE: Will McConnell and Senate Republicans Use Feinstein’s Passing to Grind Biden’s Judicial Confirmations to a Halt?

He adds, U.S. Rep. Matt Gaetz (R-FL) largely responsible for the impending likely shutdown and the impending possible ouster of McCarthy said: “We will not pass a continuing resolution on terms that continue America’s decline.”

At midnight Saturday Republicans will likely have succeeded in furloughing 3.5 million million federal workers – two million of them service members in the U.S. Armed Forces – and countless contractors, while financially harming untold thousands of businesses that rely on income from all those workers to keep running – unless Speaker McCarthy puts a bipartisan continuing resolution approved by at least 75 U.S. Senators on the floor, legislation every House Democrat is likely to vote for.

Should he do so, many believe he will have also signed his own pink slip.

But whether or not the government shuts down, and whether or not McCarthy puts the Senate’s CR on the floor, according to The Washington Post the far right extremists in his party are already moving to oust him “as early as next week.”

The Biden campaign is making certain Americans realize the blame for the impending shutdown sits at McCarthy’s feet.

At 6:23 PM Friday evening, Punchbowl News’ Jake Sherman wrote on social media: “HOUSE REPUBLICANS HAVE NO PLAN TO KEEP GOVERNMENT OPEN.”

Watch the videos above or at this link.

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News

‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert

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The first of 19 co-defendants in Fulton County District Attorney Fani Willis’ RICO and election interference case against Donald Trump has pleaded guilty in what is being described as a “plea deal.”

“Under the terms of an agreement with Fulton County District Attorney Fani Willis’s office, Hall pleaded guilty to two counts of conspiracy to commit election fraud, conspiracy to commit computer theft, conspiracy to commit computer trespass, conspiracy to commit computer invasion of privacy, and conspiracy to defraud the state,” NBC News reports. “Under the terms of the deal, he’s being sentenced to five years probation.”

CNN previously reported “Hall, a bail bondsman and pro-Trump poll-watcher in Atlanta, spent hours inside a restricted area of the Coffee County elections office when voting systems were breached in January 2021. The breach was connected to efforts by pro-Trump conspiracy theorists to find voter fraud. Hall was captured on surveillance video at the office, on the day of the breach. He testified before the grand jury in Fulton County case and acknowledged that he gained access to a voting machine.”

READ MORE: Will McConnell and Senate Republicans Use Feinstein’s Passing to Grind Biden’s Judicial Confirmations to a Halt?

Former U.S. Attorney Joyce Vance, a professor of law and frequent MSNBC contributor, says Hall “was in the thick of things with Sidney Powell on Jan 7 for the Coffee County scheme involving voting machines. If he’s cooperating, it’s a bad sign for her.”

Hall’s plea deal “spells bad news for, among others, Sidney Powell,” says former Dept. of Defense Special Counsel Ryan Goodman, an NYU Law professor of law. Goodman posted a graphic showing the overlap in charges against Hall and Powell, which he called “alleged joint actions.”

See the graphic above or at this link.

 

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News

Far-Right Republicans Kill GOP Bill to Keep Government Running in ‘Embarrassing Failure’ for McCarthy: Report

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With a shutdown less than 36 hours away, far-right Republicans in the House of Representatives Friday afternoon voted against their party’s own legislation to kept the federal government running. Democrats opposed the content of the bill and voted against it. Just 21 far-right members of the GOP conference were able to effectively force what appears to be an all but inevitable shutdown at midnight on Saturday.

“HARDLINE HOUSE RS take down stopgap funding bill. 21 GOP no votes. 232-198,” reported Punchbowl News’ Jake Sherman just before 2 PM Friday.

NBC News reported that a “band of conservative rebels on Friday revolted and blocked House Republicans’ short-term funding bill to keep the government open, delivering a political blow to Speaker Kevin McCarthy and likely cementing the chances of a painful government shutdown that is less than 48 hours away.”

READ MORE: Will McConnell and Senate Republicans Use Feinstein’s Passing to Grind Biden’s Judicial Confirmations to a Halt?

“Twenty-one rebels, led by Rep. Matt Gaetz, R-Fla., a conservative bomb-thrower and a top Donald Trump ally, voted Friday afternoon to scuttle the 30-day funding bill, known as a continuing resolution or CR, leaving Republicans without a game plan to avert a shutdown. The vote failed,” NBC added. “The embarrassing failure of the GOP measure once again highlights the dilemma for McCarthy as his hard-liners strongly oppose a short-term bill even if it includes conservative priorities. It leaves Congress on a path to a shutdown, with no apparent offramp to avoiding it — or to quickly reopen the government.”

A bipartisan group of at least 75 U.S. Senators has passed two bills this week that would keep the government running. Speaker of the House Kevin McCarthy has refused to allow it to come to the floor for a vote.

 

 

 

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