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.
‘I Will Not Stand by Silently’: Sotomayor Blasts SCOTUS Conservatives Over Their Latest Attack on Abortion Rights
“The Court may look the other way, but I cannot.”
Justice Sonia Sotomayor expressed outrage at her conservative Supreme Court colleagues Thursday afternoon, after the six right wing jurists went one step further in attacking the constitutional guarantee of abortion.
Voting 6-3 against a women’s health care provider the Court denied a request by Texas Women’s Health, which provides abortion services, to change jurisdictions, which according to Justice Sotomayor the Court should have done.
“The lawsuit is now stalled with the Texas Supreme Court,” Rewire News reports.
Slate’s Mark Joseph Stern, a Supreme Court expert calls Sotomayor’s dissent “stunning.”
“This case is a disaster for the rule of law and a grave disservice to women in Texas, who have a right to control their own bodies,” Sotomayor writes. “I will not stand by silently as a State continues to nullify this constitutional guarantee. I dissent.”
She begins her dissent by explaining the case:
“It has been over four months since Texas Senate Bill 8 (S. B. 8) took effect. The law immediately devastated access to abortion care in Texas through a complicated private-bounty-hunter scheme that violates nearly 50 years of this Court’s precedents.”
“Today, for the fourth time, this Court declines to protect pregnant Texans from egregious violations of their constitutional rights. One month after directing that the petitioners’ suit could proceed in part, the Court countenances yet another violation of its own commands. Instead of stopping a Fifth Circuit panel from indulging Texas’ newest delay tactics, the Court allows the State yet again to extend the deprivation of the federal constitutional rights of its citizens through procedural manipulation. The Court may look the other way, but I cannot.”
In response the Guttmacher Institute, an organization focused on sexual and reproductive health and rights, accused the Supreme Court of “once again putting ideology over the rule of law.”
Image via Shutterstock
Ivanka Trump Responds to Committee’s Invite by Saying She Called for End to Violence – Leaves Out ‘Patriots’ Part
Ivanka Trump is responding to her invitation from the January 6 Committee by issuing a statement that is being seen suggesting she has no intention of accepting. Earlier Thursday the Committee sent the former First Daughter and White House senior advisor a lengthy 11-page letter asking for her voluntary cooperation.
A statement from her spokesperson given to CNN White House Correspondent Kate Bennett references a tweet posted by Ivanka Trump the day of the attack on the Capitol – a tweet she was forced to delete after massive outrage.
“As the Committee already knows, Ivanka did not speak at the January 6 rally,” the statement reads. “As she publicly stated at 3:15pm, ‘any security breach or disrespect to our law enforcement is unacceptable. The violence must stop immediately.”
NEW: @IvankaTrump's spokesperson tells me Ivanka "just learned" of the 1/6 Committee's invitation to appear before them, but from the response below, it sounds as though she isn't planning to do so: pic.twitter.com/VXpUXDnEuP
— Kate Bennett (@KateBennett_DC) January 20, 2022
But in the actual Ivanka Trump called the insurrectionists “American Patriots,” as CNN reported that day:
— CNN (@CNN) January 6, 2021
Georgia Prosecutor Asks to Convene Special Grand Jury to Investigate Donald Trump’s Alleged Election Interference
A Georgia county district attorney has requested to convene a special grand jury to assist in her investigation of Donald Trump‘s alleged election interference.
Fulton County District Attorney Fani Willis in a letter to the county’s Superior Court chief judge writes that her office “has received information indicating a reasonable probability that the State of Georgia’s administration of elections in 2020, including the State’s election of the President of the United States, was subject to possible criminal disruptions,” according to the Associated Press.
Georgia Secretary of State Brad Raffensperger (photo) was forced to release audio of then-President Trump appearing to intimidate him into fixing the election in his favor.
Trump, in the audio, can be heard berating and threatening the Republican Secretary of State, demanding he “recalculate” the losing election results and “find 11,780 votes” for him, which would have enabled Trump to falsely be declared the winner. Raffensberger refused.
“So look. All I want to do is this,” Trump told Raffensberger. “I just want to find 11,780 votes, which is one more than we have. Because we won the state.”
“There’s no way I lost Georgia,” he added, falsely. “There’s no way. We won by hundreds of thousands of votes.”
Willis told the AP the scope of her investigation “includes — but is not limited to — a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger, a November 2020 phone call between U.S. Sen. Lindsey Graham and Raffensperger, the abrupt resignation of the U.S. attorney in Atlanta on Jan. 4, 2021, and comments made during December 2020 Georgia legislative committee hearings on the election.”
- 'FULL PANIC MODE'2 days ago
‘Incredibly Dumb’: Former Federal Prosecutor Mocks Eric Trump for Telling NY AG ‘We Are Prosecuting You’
- RIGHT WING EXTREMISM3 days ago
Former Top FBI Official: ‘Concerning’ Ginni Thomas Signed Letter Saying Jan. 6 Participants ‘Have Done Nothing Wrong’
- COMMENTARY3 days ago
Legal Experts Blast ‘Jerk Gorsuch’ for Refusing to Wear a Mask – Forcing Sotomayor to Stay in Chambers
- 'STANDING ALONE'2 days ago
Top Democratic Donor Groups Pulling Endorsements – and Funding – From Sinema and Manchin Over Filibuster
- CRIME3 days ago
‘Very Ominous Development’: Legal Experts Explain Matt Gaetz Ex-Girlfriend’s Deal Could Mean a Lot of Trouble
- News1 day ago
‘You Always Ask Me the Nicest Questions’: Biden Takes Down Doocy as Press Conference Nears End
- COMMENTARY21 hours ago
Backlash Grows Against McConnell as Viral Video Shows His Racist Remarks Deeming Black Voters Not Real Americans
- RIGHT WING EXTREMISM2 days ago
‘Put Up, Shut Up, or Flee’: Internet Cheers 1/6 Committee Subpoenas of Trump ‘Big Lie’ Lawyers Giuliani, Ellis, Powell