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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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‘Rank Incompetence’: Trump Says Hegeth Is ‘Safe’ Just Before Navy ‘Loses’ $60 Million Jet

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Just hours after President Donald Trump declared in a newly published interview that he believes Pete Hegseth is “gonna get it together” and described his embattled Defense Secretary’s job as “safe,” the U.S. Navy accidentally lost a $60 million fighter jet when it fell into the Red Sea.

“A US Navy F/A-18 Super Hornet fighter jet has been ‘lost’ at sea after it fell overboard from the USS Harry S. Truman aircraft carrier while it was being towed on board, the Navy said in a statement on Monday,” according to CNN. Reports also indicate that “the Truman made a hard turn to evade Houthi fire, which contributed to the fighter jet falling overboard.”

The jet is said to have sunk.

In their interview, The Atlantic’s Ashley Parker told Trump, “You’re a big supporter of Pete Hegseth’s, but he’s fired three top advisers in recent weeks, he rotated out his chief of staff, he installed a makeup studio at the Pentagon, he put attack plans in two different Signal chats, including one with his wife and personal attorney. Have you had a talk with him about getting things together?”

READ MORE: ‘Heads on Pikes’: Trump White House Accused of ‘Vaguely Fascist’ Display

“Yeah, I have,” the Commander-in-Chief replied.

Asked, “What did you say?” Trump replied: “Pete’s gone through a hard time. I think he’s gonna get it together. I think he’s a smart guy. He is a talented guy. He’s got a lot of energy. He’s been beat up by this, very much so. But I had a talk with him, a positive talk, but I had a talk with him.”

And when asked if, “for now, you think Hegseth stays?” Trump replied: “Yeah, he’s safe.”

Critics were quick to weigh in.

“This is why I said @petehegseth’s rank incompetence needs closer scrutiny here,” wrote national security and civil liberties journalist Marcy Wheeler. “He keeps claiming his half-a—- campaign against the Houthis is having success. But s— like this keeps happening, planes dropping off aircraft carriers.”

“These are the sailors Whiskey Pete put at risk with his reckless treatment of classified information,” Wheeler added.

“Another win for this super competent national security team,” mocked U.S. Senator Chris Murphy (D-CT). “I thought our strikes in Yemen were ‘restoring deterrence’.”

READ MORE: ‘Authoritarian Takeover’: Legal Scholars Warn of Trump’s ‘100 Days of Lawlessness’

Democratic political strategist Chris D. Jackson adds, “This is what happens when Trump and Pete Hegseth treated military leadership like a frat house. Unqualified leadership has real-world consequences.”

Barbara Starr, the former CNN national security reporter for more than two decades, strongly suggested there is more here than may appear.

“IMPORTANT: IF [the] Truman had to make a sudden hard turn to avoid enemy fire this is extremely significant. The goal for US troops is to always bring down the enemy as far away as possible NOT close in. And this potentially suggests further improvements in Houthi guidance and targeting. Def more to learn here.”

“Moreover,” Starr continued, “and equally important why does the military press statement not disclose this possibility?”

HuffPost’s White House correspondent S.V. Dáte commented, “Back when the Navy was woke I don’t recall them dropping an F-18 overboard.”

READ MORE: Trump Calls to ‘Immediately’ Eject ‘Disruptors’ as GOP Congressman Faces Boos, Backlash

 

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‘Heads on Pikes’: Trump White House Accused of ‘Vaguely Fascist’ Display

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The Trump White House is under fire after Press Secretary Karoline Leavitt posted a video showing lawn signs lining the White House driveway, bearing the photos of allegedly undocumented immigrants, the charges against them, and the word “ARRESTED” in bold, capital letters.

The posters do not indicate the immigrants were convicted, only arrested, for various major crimes.

ABC News described them as “100 posters of alleged criminal migrants.” Axios, which first reported on the posters, called it “a provocative, sure-to-be-controversial move.”

“This morning,” the White House said in a statement, “images of the worst of the worst criminal illegal immigrants arrested since President Donald J. Trump took office were placed on the lawn of the White House for the world to see — highlighting the Trump Administration’s unprecedented effort to secure our homeland and send these vicious criminals back where they belong.”

READ MORE: ‘Authoritarian Takeover’: Legal Scholars Warn of Trump’s ‘100 Days of Lawlessness’

Leavitt posted the video gleefully declaring, “Good Morning from The White House!”

Critics blasted her and the administration.

“These are fake charges with out due process you are lying karoline! 99% of immigrants are law abiding, loving, family oriented members of society! Stop spreading hate!” wrote actor and activist John Leguizamo.

Immigration attorney Allen Orr, Jr. added, “Arrests are not convictions. In addition, how much does this cost, and for what purpose does it serve?”

Alexander Aviña, an associate professor of Latin American history at Arizona State University commented, “historically not a good sign when governments start doing this.”

Former U.S. Ambassador Luis Moreno observed, “The Romans, and others throughout history, used to mount their enemies heads on pikes. This is the 2025 version.”

READ MORE: Trump Calls to ‘Immediately’ Eject ‘Disruptors’ as GOP Congressman Faces Boos, Backlash

“The Trump Administration’s response to deporting a 4 year old American with cancer? Put up yard signs!” commented Fox News co-host Jessica Tarlov.

“Well this is vaguely fascist,” remarked MSNBC columnist Michael A. Cohen.

“And here comes the 100 lawsuits based on the liberty clause. This is disgusting behavior by our chief executive,” wrote Washburn University School of Law Professor Joseph Mastrosimone.

“Reminder that 90% of those supposed criminal deportees to El Salvador had no criminal record at all and the rest were mostly for immigration violations,” noted Virginia Commonwealth University Associate Professor of Political Science Michael Paarlberg.

Legal reporter Amy Miller wrote, “fear mongering works, and they know it.”

Watch the video below or at this link.

READ MORE: ‘What Fascism Looks Like’: Bondi’s War on Judiciary Is ‘Red Line’ for Democrats

 

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‘Authoritarian Takeover’: Legal Scholars Warn of Trump’s ‘100 Days of Lawlessness’

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The New York Times Opinion editors have gathered responses from nearly three dozen top legal scholars assessing what the paper calls President Donald Trump’s “first 100 days of lawlessness,” with many warning—one bluntly—that “no U.S. citizen is safe” if Trump can act “in violation of the law.”

These top legal minds—and the Times’ editors—use phrases about Trump and his administration’s actions such as “disregard for law,” “flagrantly lawless,” “anti-constitutional,” “quasi-authoritarian,” and “unconstrained by the Constitution.”

Columbia University Professor David Pozen warned: “More important than any specific example of unconstitutional conduct is the overall pattern. The depth and breadth of this administration’s disregard for civil liberties, political pluralism, the separation of powers and legal constraints of all kinds mark it as an authoritarian regime. That is the crucial thing to see.”

“The disregard for law is itself part of the agenda,” offered Harvard Law School Professor Jody Freeman. “They do not seem to care whether they violate the Constitution and statutes, make mistakes, do irreparable harm. That recklessness itself sends a message.”

READ MORE: Trump Calls to ‘Immediately’ Eject ‘Disruptors’ as GOP Congressman Faces Boos, Backlash

The Times editors noted that many of the scholars first flagged the Trump administration’s efforts to end birthright citizenship, calling the move, “a direct assault on the Constitution,” and “an extraordinary thing” done in “his first hours back as president.”

“From there,” the editors noted, “it’s a straight shot to deporting people without due process.”

“Due process dates back to Magna Carta,” wrote one expert, Professor Kim Wehle of the University of Baltimore School of Law, “it is the essence of liberty. Without it, America is not a democracy as freedom itself is at the arbitrary whims of a malevolent ruler.”

Stanford University Law School Professor Shirin Sinnar added, “If the administration can simply spirit people outside the United States in violation of the law and then disclaim any power to bring them back, then no U.S. citizen is safe from similar actions.”

Experts also sounded alarms over Trump and his administration attacking law firms, universities, and the Associated Press, and the firings at independent agencies. Also, the “defiance of our judiciary and constitutional system; the undermining of First Amendment freedoms,” and, “the impoundment of federal funds authorized by Congress; the erosion of immigrant rights; and the drive to consolidate power.”

The Times notes also that there are “concerns about whether court orders will be ignored by the Trump administration or the courts will be undercut by Congress, which controls their budgets and can, under the Constitution, largely dictate which cases federal courts can hear — and can’t.”

The Times, and the experts, suggested Trump’s use of tariffs is suspect.

READ MORE: ‘What Fascism Looks Like’: Bondi’s War on Judiciary Is ‘Red Line’ for Democrats

“Most important is the coming showdown over the president’s asserted power to impose, rescind, raise and delay tariffs on imports,” wrote Stanford Law School Professor Michael McConnell. “The administration can point to broad statutory language authorizing specific import restrictions under emergency circumstances, but the president has no inherent constitutional authority to tax imports. No statute expressly authorizes the president to impose tariffs for the nonemergency purposes of raising revenue, improving our long-term balance of trade or winning unrelated concessions on miscellaneous issues.”

And on the “Big Picture,” Rutgers Law School Professor Katie Eyer added: “The use of the levers of government to exact retaliation for private vendettas — sending people to foreign prisons without due process, dismantling agencies and refusing to spend appropriated funds, and pervasive retaliation for the exercise of First Amendment rights … are the actions of an authoritarian government, not a liberal democracy.”

Professor David Pozen concluded “that the U.S. constitutional system is on the verge of an authoritarian takeover. ‘Authoritarian constitutionalism’ is not an oxymoron; unless the Trump takeover is repelled, our system will retain the familiar constitutional forms while becoming ever more illiberal, undemocratic and corrupt.”

READ MORE: ‘Pure, Unadulterated, Evil’: Trump Envoy’s Putin Meeting Triggers Outrage

 

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