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.
McEnany Lectures Biden: ‘It’s the Role of the President of the United States to Stay Back, to Not Inflame’
Former White House Press Secretary Kayleigh McEnany on Tuesday blasted President Joe Biden for speaking out about the Derek Chauvin trial even though her former boss, Donald Trump, often expressed his opinion on similar events.
After the sequestered jury began its deliberations in the Chauvin trial, Biden told reporters that he was praying for the “right verdict.”
McEnany, in her role as Fox News host, criticized the current president.
“I’m glad that he at least waited until the jury was sequestered,” McEnany ranted. “But I think that the country is such a tinderbox right now, especially Minneapolis. There’s so much hurt, so much pain.”
And I think it’s the role of the president of the United States to stay back, to not inflame the tensions,” she added. “I think he should have just reserved comment and said he’s praying for the family as we all are.”
As president, Trump often weighed in on legal matters and controversial events.
After Kyle Rittenhouse was charged with homicide for shootings that left two protesters in Wisconsin dead last August, Trump offered a defense of the suspect.
“He was trying to get away from them, I guess, it looks like,” Trump opined at the time. “I guess he was in very big trouble. He probably would have been killed.”
Watch the video below from Fox News.
Republicans Planning to Force Censure Vote Against Maxine Waters – Here’s How It Could Backfire: Report
Republican Minority Leader Kevin McCarthy (R-CA) is set on forcing a vote in the House on his resolution to censure Rep. Maxine Waters (D-CA). There’s little chance it will pass, and Democrats might be able to block it before he’s able to force a vote, but regardless it very easily could backfire against them, according to Politico.
Republicans in the House and Senate are claiming to be furious after Waters went to Minnesota to talk with Black Lives Matter protestors and told them if former police officer Derek Chauvin is not found guilty of killing George Floyd they must “stay on the street” and become “more confrontational.”
Rep. Marjorie Taylor Greene is falsely claiming Waters is inciting violence, and she’s moving to expel the California Democrat, which also will not happen.
Others, like House Republican Minority Whip Steve Scalise, on Tuesday falsely claimed Waters was “trying to incite violence and, in fact, there is violence going on right now in Minnesota because of her actions.”
Republicans are trying to inflate Waters’ comments and use them against Democrats. The National Republican Congressional Committee “is already planning to use this vote to tie moderate Democrats to Waters, according to spokesman Michael Mcadams,” Politico reports.
Politico says if Republicans go ahead with this plan it “could also trigger Democratic action as well.”
Many House Democrats are still furious about the January 6 insurrection, and that they’re forced to work “alongside apologists to an insurrection.”
“Tensions remain high in the House after Jan. 6, with Democrats privately lamenting that they’re working alongside apologists to an insurrection. Democratic leadership has privately worked to persuade many of these frustrated members to hold back on forcing votes rebuking their GOP colleagues to try to lower the temperature in Washington. They may be less restrained after the GOP-led vote on Waters.”
Democrats could force action against some of the extremists, or resuscitate what had appeared to be an all-but-dead January 6 House Commission, something Speaker Pelosi just brought up again, as did a New York Times editorial board member.
‘Making Up Numbers Now?’: Grassley Scorched for Saying Moving All-Star Game Out of Atlanta Cost ‘100 Million Jobs’
U.S. Senator Chuck Grassley (R-IA) is claiming Major League Baseball‘s decision to move the All-Star Game out of Atlanta will cost the city “100 million jobs.” There are just over 150 million Americans who are currently employed, so the Iowa Republicans Senator is claiming that effectively, two-thirds of working Americans will lose their jobs because of the move, which is false.
Major League Baseball pulled the game out of Atlanta in response to Republican Governor Brian Kemp signing what has been called “one of the most restrictive and dangerous anti-voter bills in the country.”
But the game is moving to Colorado, so there would be no jobs lost.
Senator Grassley is wrong. He might have been listening to an April 5 Fox News report, which claimed pulling out of Atlanta cost the city $100 million, but actual experts disagree, with one saying the amount is “a whole lot closer to zero than the $100m number Atlanta was throwing.”
The Guardian reports “Georgia’s $100m figure surely makes for a juicy cable-news chyron, the consensus among sports economists is these estimates are routinely exaggerated.”
“The rule of thumb that I always tell everyone,” economics professor Victor Matheson told The Guardian, “is just take whatever number the boosters are telling you, move the decimal one place to the left and you’ve probably got a pretty good guess.”
Chuck Grassley claims MLB moving the All-Star Game from Georgia cost the state “100 million jobs” pic.twitter.com/bEHQvTEK25
— Timothy Burke (@bubbaprog) April 20, 2021
Grassley is getting scorched.
Gaffe aside couldn’t the state have gotten the All-Star Game back by – just spitballing here – repealing the law MLB complained about https://t.co/gXxz3JfQUc
— Dave Weigel (@daveweigel) April 20, 2021
The concession employees if someone asked for a soda at the Atlanta MLB All-Star Game pic.twitter.com/kz3GeHZhbm
— Ryan (@ryanhide) April 20, 2021
The year is 2050. Everyone in the US works for either Major League Baseball, the National Football League, or SBNation. https://t.co/JcD4X2wbb7
— Eshaan Vakil 🌹 (@hornetvtol) April 20, 2021
That’s 9.5 times the total population of Georgia https://t.co/6yPfjF4gf0
— *you’re (@RKJ65) April 20, 2021
What cost “100 million jobs” was not moving the game, it was implementing stupid and racist voting restrictions.
— Fritznkappler (@Fritznkappler1) April 20, 2021
To this day, Toronto’s largest employer remains the 1991 All-Star Game. https://t.co/akCKZHYRrK
— Mike Beauvais (@MikeBeauvais) April 20, 2021
If this were true, it would mean that one person buying one ticket to the Major League Baseball ASG would have created 2,439 jobs.
Call me crazy, but I don’t think that’s how the economy works? https://t.co/Xvyz2NLcEK
— J.D. Smith⭐⭐ (@DegenerateTBone) April 20, 2021
One-third of the United States will be employed by the MLB All-Star Game. Guess my offer letter just got lost in the mail. https://t.co/hzBFj102LU
— Pat_Garofalo (@Pat_Garofalo) April 20, 2021
Big if true (it’s not) https://t.co/mwXa3UMpLq
— Dan Pfeiffer (@danpfeiffer) April 20, 2021
im gonna have to assume that Chuck Grassley has not watched a baseball game in a while.
100 million jobs????? how big does he think the All-Star game is? theres like maybe 100 kids catches balls in the Outfield during the HR Derby https://t.co/1KuJI16qMT
— Gibby (@bgilbertson10) April 20, 2021
- YOU CAN'T DO THAT1 day ago
Bill Strips Right to Food Stamps, Unemployment, Medical Assistance if Convicted of ‘Crime’ During Political Protest
- News2 days ago
Maria Bartiromo and Stephen Miller Panic Over Voting Rights Putting Democrats in Charge ‘Forever’
- GUNS2 days ago
3 Dead in Current Active Shooting in Austin – Outrage as Texas Lawmakers Move to Make Unlicensed Open Carry Legal
- NOT HOW THIS WORKS1 day ago
Trump-Loving God-Fearing MyPillow CEO Claims First Amendment Right to Lie About Voting Tech Companies
- WHY?6 hours ago
‘Riding Bikes While Black’: New Jersey Cops Under Fire for Confiscating Bike and Arresting Teen
- POT. KETTLE. BLACK.1 day ago
‘Backlash’ Is Coming: Sen. Rick Scott Pens Op-Ed Threatening ‘Woke Corporate America’
- OPINION1 day ago
‘Completely Broken’: 5 Major Weekend Shootings Leave Many Furious That Republicans Continue to Block Gun Reform
- News23 hours ago
Maxine Waters: Republicans Like Marjorie Taylor Greene Are Using My Words to ‘Send a Message’ to White Supremacists