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.
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.
McConnell to Step Down as Minority Leader
Senate Republican Minority Leader Mitch McConnell, the longest-serving party leader in the history of the U.S. Senate, will relinquish his leadership role in November. The Kentucky Republican, who is 82 and has suffered health issues, has served in the Senate since 1985.
“One of life’s most underappreciated talents is to know when it’s time to move on to life’s next chapter,” Leader McConnell said in prepared remarks, The Associated Press reports. “So I stand before you today … to say that this will be my last term as Republican leader of the Senate.”
McConnell, who0 told colleagues Wednesday that “the politics within the Republican Party” have “changed,” is stepping down but not retiring. He plans to serve out his current term to the end, in January 0f 2027.
News outlets have reported McConnell has been under pressure to endorse Donald Trump’s bid for re-election. The New York Times reports “conversations between the Trump and McConnell camps have been happening between key advisers to both men,” despite that neither has “said a word to each other since December 2020.”
In March of 2016, as Majority Leader, he refused to follow the U.S. Constitution’s call for “advice and consent” of Presidential nominees, derailing then-Judge Merrick Garland’s appointment to the U.S. Supreme Court.
McConnell partnered with then-President Donald Trump to install a record-number of judges to the federal bench, many chosen by the far-right Federalist Society. But even before Trump’s election, McConnell, PBS’s Frontline reported, held open “vacancies that Trump then filled with conservative federal judges at a breakneck pace.”
“When President Trump took office and McConnell served as Senate majority leader, Trump had more than 100 vacancies to fill in the lower courts, including 17 in the U.S. courts of appeals — all of them lifetime appointments,” according to Frontline. “The Supreme Court hears around 80 cases a year, while the courts of appeals handle tens of thousands of cases annually — often making them the last word in most cases that impact the lives of Americans.”
MSNBC/NBC News legal analyst Glenn Kirschner, a former federal prosecutor for 30 years, remarked in a thread on X: “Mitch McConnell’s legacy, at least in part, will be violating the Constitution by denying a president’s Supreme Court nominee a confirmation hearing – ignoring the Senate’s ‘advice and consent’ responsibilities. McConnell then led Trump by the nose, orchestrating the degradation of the Supreme Court, with the predicable results being a callous and conflicted Supreme Court revoking women’s constitutional privacy rights, damaging equality of educational opportunities for minorities, and unleashing business discrimination cloaked in religious piety.”
“McConnell also improperly orchestrated an acquittal at Trump’s first impeachment trial,” Kirschner continued, “enabling Trump to launch a deadly attack on the U.S. Capitol. American will be better for Mitch McConnell’s departure from the US Senate.”
Watch McConnell’s announcement below or at this link.
McConnell on the Senate floor announcing his upcoming retirement as Senate leader: “Believe me, I know the politics within my party at this particular moment in time. I have many faults. Misunderstanding politics is not one of them.” pic.twitter.com/gyvZjNoxba
— Aaron Rupar (@atrupar) February 28, 2024
‘MAGA-Motivated Conspiracies’: Hunter Biden Decimates Comer and Jordan in Opening Remarks
Hunter Biden is testifying behind closed doors in a joint hearing of the House Oversight and Judiciary Committees, but the President’s son released his opening statement Wednesday morning, accusing Republican Chairmen Jim Comer and Jim Jordan of basing their investigation on an “entire partisan house of cards” of “lies” told by two people who have been indicted, a third who is behind bars, and fourth who has been “exposed” for his “false statements.”
Politico calls Hunter Biden’s opening statement a “blistering rebuke of Republicans’ investigation into his father, President Joe Biden.”
“I am here today to provide the Committees with the one uncontestable fact that should end the false premise of this inquiry: I did not involve my father in my business. Not while I was a practicing lawyer, not in my investments or transactions domestic or international, not as a board member, and not as an artist. Never,” Hunter Biden’s statement begins.
“You read this fact in the many letters that have been sent to you over the last year as part of your so-called impeachment investigation. You heard this fact when I said it weeks ago, standing outside of this building. You heard this fact from a parade of other witnesses – former colleagues and business partners of mine, including my uncle – who have testified before you in similar proceedings. And now, today, you hear this fact directly from me.”
“For more than a year, your Committees have hunted me in your partisan political pursuit of my dad. You have trafficked in innuendo, distortion, and sensationalism – all the while ignoring the clear and convincing evidence staring you in the face,” Biden’s statement reads. “You do not have evidence to support the baseless and MAGA-motivated conspiracies about my father because there isn’t any.”
Biden goes on to charge Comer and Jordan with building their “entire partisan house of cards on lies told by the likes of Gal Luft, Tony Bobulinski, Alexander Smirnov, and Jason Galanis. Luft, who is a fugitive, has been indicted for his lies and other crimes; Smirnov, who has made you dupes in carrying out a Russian disinformation campaign waged against my father, has been indicted for his lies; Bobulinski, who has been exposed for the many false statements he has made, and Galanis, who is serving 14 years in prison for fraud.”
Alexander Smirnov is the latest witness House Republicans chose whose credibility has been destroyed. Two weeks ago today he was arrested on federal charges including lying to the FBI about the very topic Comer and Jordan have based their entire impeachment investigation on: the debunked “Burisma” conspiracy theory. Smirnov has admitted, according to court documents, those claims were handed to him by Russian intelligence officials.
“Rather than follow the facts as they have been laid out before you in bank records, financial statements, correspondence, and other witness testimony, you continue your frantic search to prove the lies you, and those you rely on, keep peddling. Yes, they are lies. To be clear, I have made mistakes in my life, and I have squandered opportunities and privileges that were afforded to me. I know that. I am responsible for that. And I am making amends for that. But my mistakes and shortcomings are my own and not my father’s, who has done nothing but devote his entire life to public service and trying to make this country a better place to live.”
Biden points to his “battle with addiction,” praises his father for his support, and says, “He helped save my life. His love and support made it possible for me to get sober, stay sober and rebuild my life as a father, husband, son, and brother.”
“What he got in return for being a loving and supportive parent is a barrage of hate-filled conspiracy theories that hatched this sham impeachment inquiry and continue to fuel unrelenting personal attacks against him and me.”
Biden charges Republicans with taking his “communications out of context,” and alleges they “relied on documents that have been altered, and cherry-picked snippets of financial or other records to misrepresent what really happened.”
He then told the Republican Chairmen they used “a few references to my family in emails or texts that I sent when I was in the darkest days of my addiction.” And he starkly warned: “If you try to do that again today, my answers will reveal your tactics and demonstrate the truth that my father was never involved in any of my businesses.”
U.S. Rep. Robert Garcia (D-CA), who is attending today’s hearing, blasted Speaker Johnson, Donald Trump, and Russian President Vladimir Putin.
“We’ve been in the deposition now for about an hour, and one thing is crystal clear: Republicans have zero evidence linking Hunter Biden to any sort of business dealings with the president,” he told MSNBC. Garcia also accused Speaker Johnson of having “absolutely no plan” as the government shutdown deadline approaches.
Watch below or at this link.
Rep. Robert Garcia on MSNBC: “We’ve been in the deposition now for about an hour, and one thing is crystal clear: Republicans have zero evidence linking Hunter Biden to any sort of business dealings with the president.” pic.twitter.com/CAH5HnIuUn
— Aaron Rupar (@atrupar) February 28, 2024
‘Neck Snapping’: Speaker Johnson’s Latest ‘Flip Flop’ Could Kick Shutdown Down the Road
Speaker of the House Mike Johnson, opposed to a government shutdown but appearing willing to allow it to happen, during Tuesday’s White House meeting offered President Joe Biden and top congressional leaders to kick the can down the road in his latest policy “switch.” His reputation for flip-flopping is so strong it’s being described by the D.C. press as “neck snapping.”
“Johnson has offered to shift existing government funding deadlines from March 1 and March 8 to March 8 and March 22,” Punchbowl News reports, calling it “Johnson’s Latest Shift.” Johnson had chosen the March 1 and March 8 dates and the concept of a “laddered” government shutdown, which other stakeholders opposed but accepted.
Johnson has made clear he opposes stop-gap funding, or continuing resolutions, known as CR’s, which this would be.
“After saying late last year he was done with any more short-term stop-gaps to avoid a shutdown, Mike Johnson had to do one in January and may have to do one again. Facing a partial shutdown Friday, he’s bowing to reality and floating another CR,” notes CNN’s Manu Raju. “Negotiators say they’re making progress to complete at least some of the annual funding bills (that they were supposed to get done by last October.)”
The Speaker is now offering up a continuing resolution, but with strings attached.
“Any CR would be part of a larger agreement to finish a number of appropriations bills, ensuring adequate time for drafting text and for members to review prior to casting votes,” Johnson Press Secretary Athina Lawson said in a statement, Punchbowl’s Jake Sherman and John Bresnahan report.
“In this offer, Johnson also is making an explicit threat – if the Louisiana Republican doesn’t have a bipartisan agreement in hand by Friday, he’s not willing to pass a short-term CR to avert a shutdown. Johnson will let government funding lapse starting at midnight Friday. Four bills expire at that point.”
Punchbowl reports this is the “first time” that “Johnson is making explicit to Democrats and the White House that he’s willing to shut down federal agencies unless he has a global agreement – of sorts – on all 12 FY 2024 appropriations bills.”
“These kinds of course changes have become a hallmark of Johnson’s speakership. Plans shift drastically without much notice. Lawmakers are often settling into one strategy when the entire scheme changes. It’s neck snapping,” declare Punchbowl’s Sherman and Bresnaahan.
The House has been on vacation for the past two weeks, and is not scheduled to be back in session until Wednesday evening, giving them just over 48 hours to craft legislation, pass it, have the Senate pass it, and the President sign it into law, all before the 12:01 AM Saturday shutdown deadline.
As Axios reported Tuesday night: “More than a year after Republicans took back the House, the sum result of their work on government spending so far is to extend the budget passed under former Speaker Nancy Pelosi (D-Calif.).” Axios added, “What comes next in the shutdown drama is solely up to House Speaker Mike Johnson.”
- News2 days ago
‘How Extremism Is Normalized’: Schlapp Furious as Critics Slam CPAC Over Report of Nazis
- News2 days ago
Republicans Want to Cancel Biden State of the Union: ‘No Reason We Need to Invite Him’
- News1 day ago
‘Conspiring With Putin’: Democratic Congressman Brings the Hammer Down on Jim Jordan
- News2 days ago
Republican Furious No ‘Real Wins,’ Like on ‘Transgender Surgeries’ as Shutdown Looms
- News2 days ago
‘BadgerPundit’: Top Trump Attorney in Fake Electors Plot Hid Secret Twitter Account
- COMMENTARY24 hours ago
Stephen Miller: Arrest ‘Commie’ Teachers, Use Government Power to ‘Defeat Evil’
- News20 hours ago
House Republicans Move to Upstage SOTU With New Hur Investigation Subpoena and Hearing
- News23 hours ago
At the White House Johnson Says Biden Must Use Executive Orders After Calling Them ‘Gimmicks’