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.
Federal Judge Orders Barr to Release Redacted Portions of Mueller Report
A federal judge has ordered the Dept. of Justice to publish redacted portions of the Mueller report after determining Attorney General Bill Barr had not met his burden to satisfy keeping the information privileged.
“Based on the Court’s review of the unredacted version of the Mueller Report, the Court concludes that the Department has failed to satisfy its burden to demonstrate that the withheld material is protected by the deliberative process privilege,” U.S. District Court Judge Reggie Walton wrote, as The Hill reports.
The redactions are important. They detail the process by which Mueller’s team decided to charge or not charge individuals with crimes. The full extent of who that includes in the report is not known, but there was great discussion after the report was released about why President Donald Trump had not been charged.
Judge Walton was appointed by President George W. Bush.
This is a breaking news and developing story.
Eric Trump: I Am Not Gay
Eric Trump, President Donald Trump’s middle son, has come out “to clarify” that he is not gay or bisexual.
On Tuesday the 36-year old Trump Organization vice president appeared to tell Fox News he is a member of the LGBT community, in a clumsy attempt to capitalize on an opportunity to help his father win votes.
“The LGBT community they are incredible and you should see how they’ve come out in full force for my father every single day. I’m part of that community and we love the man and thank you for protecting our neighborhoods and protecting our cities,” Eric Trump told “Fox & Friends.”
He apparently was quoting some hypothetical member of the LGBTQ community, but many who watched him did not walk away with that assumption.
The New York Post reports “Eric affirmed he is not ‘part of’ the LGBT community after appearing to come out in a televised interview Tuesday.”
“A friend of the Trump family told The Post that ‘he misspoke’ when appearing to say he was ‘part of that community’ hours before his father’s first debate with Democratic presidential candidate Joe Biden.”
Eric Trump later spoke directly with the New York tabloid.
“To clarify, many of our close friends are part of the LGBT community, which was the intent of my statement — the left has taken that vote for granted for a long time and support from the gay community for my father is incredible,” Trump said.
Support for President Trump from the LGBTQ community is not “incredible.”
A June Morning Consult poll of more than 30,000 registered voters found Joe Biden lead Donald Trump among LGBTQ voters 64 percent to 19 percent.
President Donald Trump has systematically targeted and harmed the entire LGBTQ community by rolling back hard-won protections enacted by President Barack Obama. His attacks on ObamaCare and decision to fight all the way to the Supreme Court protections for people with pre-existing conditions directly puts millions of LGBTQ people at potentially deadly risk.
“As to me personally, as I think you know, I am a happily married man to my wife, Lara,” Eric Trump said, “affirming” he is not bisexual either.
Here’s video of Eric Trump from Tuesday:
Eric Trump: "The LGBT community, they are incredible. And you should see how they come out in full force for my father every single day. I'm part of that community, and we love the man." pic.twitter.com/hl51ftW8l2
— Bobby Lewis (@revrrlewis) September 29, 2020
Extremist Neo-Fascist Hate Group ‘Proud Boys’ Merchandise With Trump Order to ‘Stand Back, Stand By’ Already on Amazon
President Donald Trump fueled the far right extremist, neo-fascist, misogynistic, transphobic, Islamophobic, white nationalist, violence-promoting hate group “Proud Boys” during Tuesday night’s debate when he refused to condemn white supremacism.
Trump gave the group a direct order: “Proud Boys, stand back and stand by,” and they are thrilled – and taking him at his word.
Experts say Trump’s remarks effectively made him their leader, an “honor” the Proud Boys are only too happy to have.
Immediately the group took Trump’s words and incorporated them into their logo.
Now that logo, the logo of a dangerous hate group – including Trump’s directive – is appearing on merchandise at Amazon.
Proud Boy merch featuring the "Stand Back – Stand By" verbiage is now available on @amazon
— Konstantin Toropin (@KToropin) September 30, 2020
CONFIRMED: The original shirt is now down, but two more are still for sale: pic.twitter.com/k2jj7MpJxp
— Sleeping Giants (@slpng_giants) September 30, 2020
Amazon is selling t-shirts, tank tops and long sleeves with “Stand Back, Stand By” with the Proud Boy’s logo (free shipping to Prime members). https://t.co/H52WuPs22L h/t @slpng_giants pic.twitter.com/MfDEg3B0bd
— Adam L. Penenberg (@Penenberg) September 30, 2020
President Trump has helped normalize extremism.
His former counterterrorism chief at DHS condemned him for refusing to denounce white supremacism last night.
- FRAUD2 days ago
Forbes Adds It Up: Trump Is $1.1 Billion in Debt
- DONALD TRUMP IS A DANGER TO DEMOCRACY2 days ago
Trump Owes Hundreds of Millions to Russia Top Mueller Attorney Strongly Suggests
- News3 days ago
Ex-Trump Campaign Manager Brad Parscale Hospitalized After SWAT Team Finds Him Armed and Threatening Self-Harm: Reports
- News2 days ago
Florida Police Release Body Cam Footage of Arrest of Former Trump Campaign Manager Brad Parscale
- LOL - NOPE!1 day ago
Watch: Eric Trump Clumsily Claims on Fox News the LGBTQ Community Loves His Father – It Does Not Go Well
- LIES LIES LIES2 days ago
New Revelations in Leaked Trump Campaign Documents Show Brad Parscale Lied to Congress
- News3 days ago
Trump Campaign Blames Democrats for Ex-Campaign Manager Parscale’s Reported Self-Harm Threat
- FRAUD2 days ago
‘Can’t Afford to Lose’: Drudge Report Totally Destroys Donald Trump – ‘Lost More Money Than Made?’