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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Highly-Anticipated J6 Committee Hearing Likely Postponed
Wednesday’s highly-anticipated hearing of the U.S. House Select Committee on the January 6 Attack, the first one since July, and possibly the final publicly-televised event, will likely be postponed due to Hurricane Ian which is ravaging Florida.
The Washington Post’s Jacqueline Alemany and Josh Dawsey were the first to report the postponement. MSNBC has confirmed the likely postponement.
No new date has been scheduled yet.
This is a breaking news and developing story. Details may change.
‘Yes’: GOP Nominee Mastriano Supports Charging Women With Murder if They Have an Abortion After a 6 Week Ban (Audio)
“OK, let’s go back to the basic question there,” Mastriano told Pennsylvania radio station WITF, as NBC News reports. “Is that a human being? Is that a little boy or girl? If it is, it deserves equal protection under the law.”
“Asked if he was saying yes, they should be charged with murder, Mastriano responded: ‘Yes, I am.'”
Mastriano is a conspiracy theorist, election denier, and white Christian nationalist with ties to Gab founder Andrew Torba, an antisemitic Christian nationalist and white supremacist.
Mastriano’s bill would have barred abortions once a so-called “fetal heartbeat” could be detected, NBC News adds, “usually around six weeks,” generally before most women even know they are pregnant.
Mastriano, when confronted, falsely attempted to downplay the ability of a governor to shape laws.
“My views are kind of irrelevant because I cannot rule by fiat or edict or executive order on the issue of life,” Mastriano told the conservative network Real America’s Voice, NBC adds. “It’s up to the people of Pennsylvania. So if Pennsylvanians want exceptions, if they want to limit the number of weeks, it’s going to have to come from your legislative body and then to my desk.”
Mastriano, endorsed by Trump, is facing Democrat Josh Shapiro, who is leading in the polls.
The New York Times reports Mastriano’s campaign is “sputtering,” and says he “is being heavily outspent by his Democratic rival, has had no television ads on the air since May, has chosen not to interact with the state’s news media in ways that would push his agenda, and trails by double digits in reputable public polling and most private surveys.”
Earlier this month Rolling Stone just days before the January 6 insurrection Mastriano “was video taped leading a group in prayer, asking God that the MAGA movement would overthrow the federal government, praying they would ‘seize the power’ and ‘rise up’ on January 6.”
Listen below or at this link:
Wow. NBC obtained a 2019 interview with Republican nominee for Pennsylvania governor Doug Mastriano.
Q: Are you saying that a woman who decided to have an abortion [under your proposed bill] should be charged with murder?
— Sawyer Hackett (@SawyerHackett) September 27, 2022
Trump Mocked for ‘Sidelining’ His New $3 Million Attorney: ‘Must Have Given Him Actual Legal Advice’
It’s no secret Donald Trump has been virtually unable to hire highly-respected attorneys to defend him in the many legal and civil cases he is facing for a variety of alleged crimes and misdeeds, including his actions surrounding fraudulent efforts to overturn a free and fair election and the January 6 insurrection, his retention and refusal to return hundreds of classified documents, and his alleged real estate and tax fraud cases, and more.
Trump did manage to hire what many consider a qualified and respected attorney for his legal issues surrounding his classified documents case.
Chris Kise, the former solicitor general for Florida, agreed to work for Trump but only if he was paid up front.
Thanks to Trump’s massive fundraising operation Kise is being paid millions, effectively by Trump supporters.
Kise is also no longer leading the case.
CNN reports Kise “has been sidelined from the Mar-a-Lago documents investigation less than a month after he was brought on to represent Trump in the matter, two sources familiar with the move tell CNN.”
“Kise’s hiring came with an unusual price tag of $3 million, paid for by Trump’s outside spending arm. The retainer fee, paid upfront, raised eyebrows among other lawyers on Trump’s team, given the former President has a developed a reputation for not paying his legal fees.”
Legal experts are mocking Trump for sidelining his top attorney.
“Obviously this means the lawyer must have given Trump actual legal advice,” teased George Conway.
“Which is just RUDE,” replied attorney Ken White.
MSNBC/NBC News legal analyst and anchor Katie Phang asked, “So Kise is a $3 million dollar benchwarmer?”
“Trump is already throwing over Chris Kise after signing a $3M retainer and convincing him to leave Foley & Lardner? That seems … not smart,” says Liz Dye, who writes about law and politics. “Chaos monkey gonna chaos monkey, I guess.”
Dan Berman, CNN Politics managing editor for legal, immigration, and the Supreme Court serves up the perfect headline: “Trump’s 3 Million Dollar Man is sidelined already.”
LA Times columnist Harry Litman, a frequent guest on MSNBC and a former U.S. Attorney offered perhaps the most amusing response:
“The one credible lawyer that Trump has hired in years, Chris Kise, paying $3M up front, now has been demoted and is no longer leading the MAL defense. Must be Trump’s payback for the fix he’s now in w/ Judge Dearie. He thinks he’s Goldfinger/Dr.No but he’s really Austin Powers.”
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