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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Comer Announces Public Hearing After Hunter Biden Closed Door Testimony
House Oversight Committee Chairman Jim Comer announced he will hold a public hearing with Hunter Biden after the president’s son testified behind closed doors for most of Wednesday.
“I think this was a great deposition for us, it proved several bits of our evidence, that we’ve been conducting throughout this investigation, but there are also some contradictory statements that I think need further review,” Comer told reporters Wednesday afternoon.
“So this impeachment inquiry will now go to the next phase, which will be a public hearing. And that’s something that I think everyone in the media has been asking a lot of questions about. Something that I know that Mr. Biden and his attorney both demanded, just as I said, when we said we were going to do the deposition first, we will have a public hearing next.”
It’s unclear what other witnesses Chairman Comer and Chairman Jordan will present.
Comer claimed that parts of Hunter Biden’s testimony contradicted some of their previous witness’ testimony, although he refused to elaborate.
Hunter Biden stated in the opening remarks he released publicly Wednesday morning that Chairman Comer and Judiciary Chairman Jim Jordan had built 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.”
Politico described Hunter Biden’s opening statement as “blistering.”
“I am here today,” the President’s son began, “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.”
Watch Comer below or at this link.
Comer announces another impeachment public hearing pic.twitter.com/UjlWAs8zbb
— Aaron Rupar (@atrupar) February 28, 2024
Court Denies Trump Request to Pause $454M Bond Requirement Amid His Cash Liquidity Claim
A New York appeals court has denied Donald Trump’s request to issue a stay on the state Supreme Court’s ruling ordering the ex-president to pay $454 million in the civil business fraud case brought by Attorney General Letitia James. Trump had offered to post a bond of $100 million as he appeals the ruling, as he suggested he did not have sufficient liquid assets – namely, cash – to post the full amount required.
The judge did, however, pause a portion of the ruling barring Trump from operating a business in New York, and also paused the portion of the ruling barring him from obtaining a loan from a bank registered in the State of New York.
“It’s a mixed bag for Trump, and the former president GAINS some ability, in an interim ruling, to continue his business activities and loan-seeking. But the most crucial request, a stay of enforcement of the $450M+ judgment, has been rejected,” reports Just Security’s Adam Klasfeld.
Unless he can obtain a loan or other financing, Trump, as he admitted in his legal filing, may have to sell some of his assets, likely real estate, to come up with enough cash to satisfy the judgment.
The court “also denied Trump’s request to delay his obligation to post $454 million until his appeal of the civil fraud verdict is over,” CNN adds.
Trump Swore Under Oath He Had $400 Million in Cash – Now He’s Telling a Court a Different Story
Attorneys for Donald Trump are arguing the ex-president and self-professed billionaire should not have to post a bond of $454 million as he appeals the New York State Supreme Court’s ruling holding him liable for civil business fraud. Instead, Trump is offering a bond of $100 million.
But as legal experts are pointing out, under oath, Trump stated he had $400 million in liquid assets. And his attorney, Alina Habba, when asked last week if he could come up with $350 million, said on-camera, “Yes, I mean, he does, of course he has money, you know, he’s a billionaire. We know that.”
Question: Judge Engoron says that he wants this $350 million within 30 days. Does Donald Trump have that kind of money sitting around?
Habba: I mean, he does. Of course he has money. You know, he’s a billionaire. Um, we know that pic.twitter.com/O6HRd4lBXi
— Acyn (@Acyn) February 20, 2024
“Trump says he doesn’t have the cash that both he and Habba told everyone he had, and that ‘properties would have to be sold’ to come up with the money,” Filipkowski adds.
He sums up the situation: “Trump under oath in his deposition: I’m worth at least $10 billion, I have over $3 billion in tangible assets, I have $400 million in cash. Trump to appellate court: I can come up with $100 million and I need more time to sell stuff to come up with the rest.”
Indeed, The New York Times reported earlier this month, “Mr. Trump claimed under oath last year that he was sitting on more than $400 million in cash.”
New York Attorney General Letitia James was quick to urge the court to deny Trump’s offer of $100 million, or, as Just Security’s Adam Klasfeld reports, “to deny Trump’s application to pause enforcement of the judgment pending appeal, including the disgorgement, monitoring, and loan prohibition.”
“Defendants all but concede that Mr. Trump has insufficient liquid assets to satisfy the judgment amount; defendants would need ‘to raise capital’ to do so,” James writes, as Klasfeld notes.
Klasfeld points to this section of Trump’s motion that reads: “In the absence of a stay on the terms herein outlined, properties would likely need to be sold to raise capital under exigent circumstances, and there would be no way to recover any property sold following a successful appeal and no means to recover the resulting financial losses from the Attorney General.”
In other words, Trump’s attorneys are saying he would have to sell assets, or properties, at less than market value, and should he win his appeal, he would have no means to be compensated for the difference in value.
“Trump has less than 30 days to post the money to prevent the New York attorney general’s office from taking steps to execute the judgment, including potentially move to seize properties,” CNN adds. “It is not yet clear how he plans to cover the payment.”
Watch the video above or at this link.
Image via Shutterstock
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