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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Pete Buttigieg Brilliantly Destroys Tucker Carlson After Fox Host’s Homophobic Hit Job
U.S. Secretary of Transportation Pete Buttigieg responded to Fox News host Tucker Carlson‘s vile, homophobic attack from Thursday night, by defending the right of every new parent to take paternity or maternity leave and spend time building bonds that will last a lifetime.
Buttigieg, known for being able to incisively carve up conservative hate, had no problem correcting Carlson’s claims.
Carlson, who regularly spreads white nationalistic, white supremacist, and fascistic rhetoric that clearly is supported by Fox News chiefs Rupert Murdoch and Lachlan Murdoch, on Thursday berated Buttigieg for taking paternity leave as he and his husband, Chasten welcome two newborn twins into their family.
“Pete Buttigieg has been on leave from his job since August after adopting a child,” Carlson had told Fox news viewers. “Paternity leave, they call it, trying to figure out how to breastfeed – no word on how that went.”
Buttigieg struck back on Friday, telling MSNBC’s Nicolle Wallace Carlson’s “attack is coming from a guy who has yet to explain his apparent approval for the assassination of Harvey Milk.”
Carlson, in his college yearbook, reportedly wrote that he was a member of the “Dan White Society.” There is no Dan White Society, but Dan White is the man who assassinated Harvey Milk, one of America’s first openly-gay elected officials. At the same time, in 1978, he also assassinated San Francisco Mayor George Moscone.
“So, you know, obviously we know that there’s some dark places where some of these attitudes come from,” Buttigieg continued.
“But I also note that that doesn’t speak for the country,” he said of Carlson’s homophobic and anti-family remark.
“I don’t think that even speaks for most people, on the other side of the aisle from the party that I belong to. This is largely a consensus issue, not just the support for families like mine to have a right to marry and right to be treated equally, but also that families in general. Moms and dads have to be able to support their children including with paid leave.”
Buttigieg, as NCRM reported Thursday night, is correct: 86% of Americans support paid paternity leave. And seven out of 10 Americans support same-sex marriage. Sadly, U.S. federal law does not require companies to offer it, but as Wallace noted, Tucker Carlson’s employer does.
— MSNBC (@MSNBC) October 15, 2021
‘We Warned You’: Jenna Ellis Destroyed by Legal Expert for Comparing Herself and Giuliani to Atticus Finch
Former Trump personal and campaign lawyer Jenna Ellis is getting blowback from at least one top legal expert after she falsely compared herself and her colleague, Rudy Giuliani, to fictional hero attorney Atticus Finch from “To Kill a Mockingbird,” and to founding father John Adams.
“No, you are not John Adams. You are not Atticus Finch. Competent lawyers warned you to stay away from the election lawsuits,” said top national security attorney Bradley Moss. “We warned you loyalty to a conspiratorial client [doesn’t] override ethical obligations to the court. It’s on you.”
Ellis, in video posted by Right Wing Watch (below), claimed that she and Giuliani were merely “advocating” for “politically inconvenient candidates” like Trump, which is provably false.
Giuliani, according to numerous news reports, wasn’t defending Trump so much as he was traveling the world trying to dig up dirt on Joe Biden to help Trump win re-election. When that didn’t work Giuliani (and Ellis) promoted false election “fraud” narratives, which is not advocacy for a client.
“It used to be that if you represented the politically inconvenient candidates or the, the politically inconvenient, people I mean look at ‘To Kill a Mockingbird,’ you know, it was like you were you were lauded as a defense attorney, like John Adams, you know, who represented people who deserve a defense,” Ellis said.
“This has such an impact on the future of America,” Ellis continued, “because if we tell lawyers that in order to advocate for a client, that means that necessarily you have to subscribe to their position, you will be you will be liable for your bar license essentially based on not only the merit of their case but the outcome, then we won’t have advocates anymore in the United States.”
Jenna Ellis complains that she and Rudy Giuliani are being smeared for working for Trump and promoting his bogus stolen elections claims, likening their efforts to John Adams defending British soldiers in the Boston Massacre or Atticus Finch in “To Kill A Mockingbird.” pic.twitter.com/9n1xjdr6m7
— Right Wing Watch (@RightWingWatch) October 15, 2021
Again, that is not a reality-based response to what she and Giuliani were doing.
Moss, meanwhile, was far from the only attorney criticizing Ellis.
Former Assistant United States Attorney for the Southern District of New York (SDNY), Richard Signorelli, commented, “Jenna is lucky she wasn’t given any actual lawyerly responsibilities.”
Atlanta appellate attorney Andrew Fleischman weighed in, saying, “It’s good for people to get due process before being convicted of things. It’s bad to file dozens of frivolous, dishonest lawsuits. That’s the distinction.”
Trump’s MAGA Supporters Chant Profanities Within ‘Clear’ Earshot of Young Kids Biden Was Talking to Outdoors
Trump’s MAGA supporters were out in full force Friday afternoon, chanting “F**k Biden,” waving flags with the same slogan, along with ones that falsely claim “Trump won,” as President Joe Biden spoke with young children outside a Connecticut child development center.
— Karine Jean-Pierre (@KJP46) October 15, 2021
Getting a little rowdy as more protesters show up with Trump flags and “F*uck Biden” flags. pic.twitter.com/k7qFJp4Iw0
— Eric Bedner (@BednerEric) October 15, 2021
“Around 50 more Trump supporters,” according to the White House press pool, “gathered a street away from the center. They chanted ‘F*** Joe Biden. He’s not our president.’ They also shouted ‘traitors’ as a coda while we walked inside.”
Minutes later the press pool reported President Biden “entered the playground at 1:25, greeted by some gregarious children. One gave him a hug, as he kneeled to talk. Another, wearing an American flag t-shirt, pointed out parts of the playground.”
Biden greets kids in the playground at the Capitol Child Development Center in Hartford, Connecticut. pic.twitter.com/YfGCndt3NV
— Zeke Miller (@ZekeJMiller) October 15, 2021
But then, confirmation that the Trump supporters’ profanity could be heard by the young children and the President.
“From the playground the pool could still hear protesters chanting from the curb outside. More expletives. More yelling,” the pool reports.
NBC News White House Correspondent Mike Memoli also confirms:
Per radio pool, while @POTUS spent time meeting toddlers at an outdoor playground, Trump supporters gathered across street could be clearly heard shouting a now-familiar expletive phrase involving his name
— Mike Memoli (@mikememoli) October 15, 2021
President Biden later made televised remarks promoting his “Build Back Better” agenda, and talking about how improvements to infrastructure will help young children.
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