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22 LGBT Advances That (Probably) Will Disappear Under A President Romney

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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 president won’t 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:

Regulations

The Administrative Procedures Act provides safeguards against politically motivated policy switches. 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. 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.  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.
  •  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 — and subject to the will of — 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, launched stopbullyingnow.com.
  • The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.  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 individual’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 “members of a family residing in one household” 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 employee’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 partner’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 administration’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.

SOURCE: HRC

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News

‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely

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May 7, 2024

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U.S. District Judge Aileen Cannon late Tuesday afternoon issued an indefinite postponement of the court date in Special Counsel Jack Smith’s prosecution of Donald Trump on Espionage Act charges, in the indictment commonly referred to as the classified documents case.

Claiming it would be “imprudent and inconsistent with the Court’s duty to fully and fairly consider the various pending pre-trial motions before the Court,” along with other matters, Judge Cannon, a Trump appointee, wrote: “the Court finds that the ends of justice served by this continuance…outweigh the best interest of the public and Defendants in a speedy trial.”

Politico’s Kyle Cheney reports, “It may be months before we know the new schedule.” Trial had been slated to begin May 20.

“With 13 days before her trial was supposed to kick off, Judge Cannon finally says what has been obvious to every legal journalist I know: She’s not just canceling the existing trial date; she’s also not picking a replacement,” MSNBC legal correspondent Lisa Rubin reports.

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

The 37 count indictment was brought after Trump removed well over 1000 items, including hundreds of classified documents, out of the White House, retained then refused to return them, allegedly violating several statutes under the Espionage Act.

“Trump mishandled classified documents that included information about the secretive U.S. nuclear program and potential domestic vulnerabilities in the event of an attack,” according t0 the federal indictment, Reuters reported last year.

The trial now is not expected to conclude before the November presidential election this year.

“This is news but it’s hardly unexpected,” declared professor of law, former U.S. Attorney, and MSNBC contributor Joyce Vance wrote. “Judge Cannon seems desperate to avoid trying this case. This isn’t justice. defendants aren’t the only ones with speedy trial act rights, we the people have them too.”

“After the election,” professor of law and former chief White House ethics lawyer Richard Painter commented, “if Trump wins Jack Smith gets fired, the case gets dismissed, and Judge Cannon is ready for SCOTUS.”

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

Attorney and author Luppe B. Luppen noted, “Judge Cannon’s rationale for indefinitely postponing Trump’s classified documents trial is that a large number of pretrial motions remain unresolved—a state of affairs she has literally engineered by failing to resolve them.”

Professor of law and noted election law expert Rick Hasen asked: “Is it too cynical to believe that Judge Cannon timed the announcement of the postponement of a Trump classified documents trial to take away from the salacious sex details from Stormy Daniels’ testimony today?”

National security attorney Brad Moss served up a “silver lining to Cannon not setting a new trial date: she isn’t blocking the DC or Georgia election cases from resuming in the late summer/early fall, pending SCOTUS ruling on immunity.”

Foreign policy, national security, and political affairs analyst David Rothkopf added, “Justice delayed is justice denied. Both the defendant and the public have the right to a trial ‘without unnecessary delay.’ (Sixth Amendment.) When does Jack Smith seek a remedy for the problem Judge Cannon clearly represents? Tick freaking tock.”

READ MORE: Judge Hands Trump ‘Incarceration’ Threat as Experts Say Next Time He’ll Toss Him in Jail

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News

Trump Battled to Go to Son’s Graduation – So Why Is He Speaking at a Fundraiser That Day?

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3 hours ago

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May 7, 2024

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Last month Donald Trump falsely told reporters Justice Juan Merchan had blocked him from attending his youngest son’s high school graduation, refusing to give him the day off from his required attendance at his New York criminal court case.

Justice Merchan had actually told Trump he would take the request under advisement, but Trump quickly ran to reporters painting the judge as heartless.

On April 15 Trump said, “it looks like the judge will not let me go to the graduation of my son who’s worked very, very hard and he is a great student.”

“It looks like the judge isn’t going to allow me to escape this scam. It’s a scam trial,” Trump alleged.

The Associated Press reported, “Trump then furthered his criticism of the judge on his Truth Social platform, writing in one post both that he ‘will likely not be allowed to attend’ and that ‘the Judge, Juan Merchan, is preventing me from proudly attending my son’s Graduation.’ He wrote in another post less than two hours later that he is ‘being prohibited from attending.'”

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

None of that was accurate.

Last week Judge Merchan granted Trump the day off from court to attend his son’s high school graduation.

But The Lincoln Project and others on Tuesday posted the announcement for “Minnesota’s 2024 Lincoln Reagan Dinner With Special Guest DONALD J. TRUMP” on Friday, May 17, 2024.

Trump, as The New Republic notes, will be the headline speaker at the event in Saint Paul, Minnesota, which starts at 5:00 PM.

The fundraiser offers supporters the opportunity to spend $100,000, which grants them “10 VIP Dinner Seats | 10 VIP Reception Passes | 3 Photo Opportunities with President Trump.”

Or, for example, for $50,000, a supporter can get a “Chairman’s Host Table – 10 VIP Dinner Seats | 10 VIP Reception Passes | 1 Photo Opportunity with President Trump.”

KARE reports “the visit is expected to be the former president’s first trip to Minnesota of the 2024 election cycle.”

READ MORE: ‘I’m Not Talking About That Meeting’: Noem Implies She May Have Met With Kim Jong Un

Trump has strong motivation to head to Minnesota.

Over the weekend, as NBC News reports, “Top officials for former President Donald Trump’s campaign believe they can flip Democratic strongholds Minnesota and Virginia into his column in November, they told donors behind closed doors at a Republican National Committee retreat Saturday.”

Barron Trump’s graduation from Oxbridge Academy in Palm Beach, Florida reportedly will be the same day, May 17. Depending on timing, It’s possible Trump could fly from Florida to Minnesota to get to the fundraiser by 5 PM.

Watch Trump’s remarks from April 15 below or at this link.

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OPINION

Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

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5 hours ago

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May 7, 2024

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In a clear attack on the executive branch, the judicial system, states’ rights, and the rule in law in America, Republican Speaker of the House Mike Johnson vowed on Tuesday to use all the powers of Congress at his disposal to end all four current criminal prosecutions of ex-president Donald Trump.

Johnson’s remarks late Tuesday morning came at the exact same time Stormy Daniels was giving sworn testimony about her alleged sexual relationship with Trump in a Manhattan Superior Court case. The presumptive 2024 Republican presidential nominee is on trial for 34 felonies related to falsification of business records when he allegedly paid hush money to the adult film star then covered up those payments in what prosecutors say was election interference.

“President Trump has done nothing wrong here and he continues to be the target of endless lawfare,” Speaker Johnson told reporters Tuesday during an official House news conference (video below). “It has to stop. And you’re gonna see the United States Congress address this in every possible way that we can, because we need accountability. Ultimately, at the end of the day, it’s bigger than President Trump. It’s about the people’s faith in our system of justice. And we’re gonna get down to the bottom of it. All these cases need to be dropped, because they are a threat to our system.”

Johnson’s remarks also come as he faces an ouster threat from far-right MAGA Republican Christian nationalist Congresswoman Marjorie Taylor Greene. The Speaker, who repeatedly has said he speaks to Trump frequently, spent the weekend at the ex-president’s Florida resort and residence, Mar-a-Lago. He also traveled there just weeks ago as Greene’s threats were heating up. Trump and Johnson held a joint press conference on “election integrity,” an image some say was a show of strength and support from the leader of his party.

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

Johnson’s job is being protected by Democratic House Minority Leader Hakeem Jeffries, and the vast majority of the Democratic caucus, who have promised to protect him should Greene call up her motion to vacate.

Claiming Republicans are “trying to keep steadying hands on the wheel here and keep the legislative branch moving and operating in the best interest of the people,” Johnson also alleged: “one of the things that is also in jeopardy right now is our judicial branch. And it’s our system of government itself. And I don’t think we can say often enough here how much of that has been abused under this administration, and with local prosecutors, state prosecutors, and at the federal level, who are using lawfare. They’re using our judicial system to go after political opponents.”

The Speaker continued his targeting, declaring Manhattan District Attorney Alvin Bragg’s “case should never have been brought.”

“If there’s ever been an example of lawfare. Everybody can look at that and see, the trial is being orchestrated by Democrats, supporters of President Biden who are trying to make a name for themselves. I mean, they’re they’re pretty open about that. They used it in their campaign flips. We’ve got a Democrat District Attorney, a Biden donor judge, whose daughter is a Democratic political consultant and has clients that use the case in their solicitation emails to raise money.”

Justice Juan Merchan, CNN reported last month, made a $15 donation to the Biden campaign, amid a total of $35 total in 2020.

Johnson also called Justice Merchan “a well known Democrat” who “is pursuing an indefensible gag order on President Trump,” and “trying to override President Trump’s constitutional right to defend himself against the constant smears of his political opponents.”

READ MORE: ‘I’m Not Talking About That Meeting’: Noem Implies She May Have Met With Kim Jong Un

Pointing to Special Counsel Jack Smith’s prosecution of Donald Trump in the Espionage Act case, often called the “classified documents” case, Johnson called it “the weaponization of our justice system.”

He called all the cases against the ex-president “a clear attempt to keep Donald Trump in the courtroom and off the campaign trail. That’s what this is. It’s an election interference. It is borderline criminal conspiracy and the American people see right through it.”

Watch a short clip of Johnson’s remarks below or at this link.

READ MORE: ‘Israel Aid, Ukraine Aid, Kitchenaid’: Dem Mocks GOP’s ‘Hands Off Our Appliances’ Week

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