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The Future Of LGBT Rights Under Donald Trump And Mike Pence

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Here’s How The Incoming Administration Could Erode Our Gains

On Wednesday, the National Organization for Marriage’s Brian Brown issued a money-beg exulting in the election of Donald Trump. NOM is a moribund, money-grubbing organization well beyond its sell date, but with Trump’s election, bigots have claimed a new relevance.Â

As Brown told his supporters: “This is a bright and exciting time for NOM, and we are committed to taking full advantage of the opportunity we have. Our voice and our views matter to the incoming administration, and that means your voice and views matter.”

Brown has even outlined “The Plan” by which he hopes Trump will erode LGBT rights in the United States.

First, he says, Trump will nominate conservative justices to the Supreme Court, who “will inevitably reverse the anti-constitutional ruling of the Supreme Court imposing same-sex ‘marriage’ on the nation in the Obergefell decision.”

Then, Brown says, Trump will “rescind the illegal, over-reaching executive orders and directives issued by President Obama, including his dangerous ‘gender identity’ directives, attempting to redefine gender just as he sought to redefine marriage.”

He also claims that Trump will “reverse policies of the Obama administration that seek to coerce other countries into accepting same-sex ‘marriage’ as a condition of receiving U.S. assistance and aid.”

Finally, Brown says: “We will work with President Trump and Congress to pass the First Amendment Defense Act (FADA), which Mr. Trump supports. FADA is critical legislation to protect people who believe in marriage from being targeted by the government for persecution.”

How likely is it that NOM’s plan for the Trump administration will be implemented?

Alas, there is every reason to think that Trump, and the basket of deplorables he is sure to name to his government, will indeed attempt to erode the advances LGBT people have made under President Barack Obama, and they are likely to succeed in a number of initiatives.

The Supreme Court and Marriage Equality

During the campaign, Trump repeatedly said that he would choose his Supreme Court nominees from a list submitted to him by the hate group Family Research Council and the Heritage Foundation, a conservative think-tank. He also said that his ideal nominee would be someone similar to the late anti-gay Justice Antonin Scalia.

Luckily, a Supreme Court nominee must be confirmed by the U.S. Senate. Even with Republicans in control of the Senate, it is unlikely that the most extreme nominees favored by the Family Research Council and the Heritage Foundation would be confirmed. Democrats are likely to filibuster a nominee who is clearly unfit or far out of the mainstream of contemporary jurisprudence.

Nevertheless, it is likely that Trump will be able to tilt the Supreme Court rightward.

But even if Trump is able to fill more than one vacancy on the Supreme Court — the Scalia vacancy, plus others that may arise — it is unlikely that the high court would be willing to revisit the marriage issue. Once a constitutional right has been declared, it is difficult to rescind.

Not only would the doctrine of stare decisis (or precedent) discourage the reconsideration of Obergefell, but the fact that the court’s ruling in Obergefell is popular with the American people would also militate against its summary reversal.

However, a more conservative Supreme Court could well issue rulings that limit the breadth of Justice Anthony Kennedy’s “jurisprudence of dignity,” so beautifully articulated in Obergefell. Our marriage rights may well be trimmed by a Supreme Court that grants more deference to states’ rights or religious exemptions.

And one consequence of that trimming would be a continued and prolonged fight over an issue that should be settled law.

But as Evan Wolfson, the founder of Freedom to Marry and the father of the marriage equality movement, has stated: “The freedom to marry is the law of the land — and no one will take that away from us.”

He added: “Those who have gotten married, and those who get married, will remain married, and no one will set them asunder. … There is no action the incoming administration could take, even if they wanted to, that would undo the thousands of marriages lawfully celebrated in all 50 states.”Â

Justice Department

As far as the courts are concerned, the great danger posed by the new administration is, in addition to the slew of conservative district and appellate appointments to the bench that Trump will make, the role that will be played by his Justice Department.

During his first two years in office, Obama allowed his Justice Department to defend the constitutionality of Don’t Ask, Don’t Tell and the Defense of Marriage Act in federal court. However, on Feb. 23, 2011, Attorney General Eric Holder announced a reversal of the department’s position, one that had major consequences for LGBT rights.

Holder said that on instructions from the president, the Justice Department would no longer assert the constitutionality of DOMA in court. He said that, while the feds would continue to enforce DOMA until it was repealed by Congress or invalidated by the Supreme Court, the department would not defend it as constitutional.

Holder declared that “the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny,” and that under that level of scrutiny the DOMA statute is unconstitutional. The president, Holder said, “has instructed the Department not to defend the [DOMA] statute.”

With this reversal, the President placed the Justice Department in the service of equal rights, including equal marriage rights. The Department’s intervention on behalf of equal rights was a significant factor in winning both Windsor (which invalidated DOMA) and Obergefell (which mandated marriage equality).

In the Trump administration, however, the Justice Department will be employed not to advance equal rights, but to defend “religious liberty,” the code name for a license to discriminate against LGBT people in the name of religion.

The Justice Department is currently a party to several cases involving discrimination against transgender students and LGBT employees, arguing on behalf of LGBT plaintiffs. One can expect the Trump administration’s Justice Department to change sides in the pending cases.

In future cases involving LGBT rights, Trump’s Justice Department is likely to intervene not on the side of plaintiffs seeking justice, but on the side of those who believe they have a constitutional right to discriminate.

Executive Orders and Regulations

Obama has issued a number of executive orders that further LGBT rights, including one that prohibits discrimination on the basis of sexual orientation and gender identity by federal contractors.

In addition, a number of federal departments, including the Department of Defense, the Department of Health and Human Services, the Department of Housing and Urban Development, and the U.S. Citizenship and Immigration Services, have issued similar nondiscrimination regulations covering the provision of services.

The Department of Education has issued anti-bullying regulations and also guidance concerning the treatment of transgender students.

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal laws that make it illegal to discriminate against employees and job applicants, has determined that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and gender identity. This interpretation is currently binding on all federal agencies and departments and governs EEOC enforcement and litigation activities throughout the country. Although courts are not bound by the EEOC’s interpretations, they often give deference to them.

The EEOC has recently announced that sexual orientation and gender identity is a strategic enforcement priority for the agency. It has mounted an aggressive program of litigation on behalf of LGBT people who have experienced employment discrimination.

Executive orders and regulations can easily be reversed, and it is likely that the Trump administration will reverse at least some of the current protections LGBT citizens enjoy. Depending upon the zealotry of particular appointees, many pro-LGBT regulations may be revised at the agency or departmental level.

Most vulnerable are the executive order prohibiting discrimination by federal contractors, the Department of Education’s guidance concerning the treatment of transgender students, and the EEOC’s contention that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964.

In May, the House of Representatives passed a Defense Appropriation bill that if ratified by the Senate and signed by the President would allow government contractors to discriminate against LGBT workers on religious grounds, thereby overturning Obama’s executive order. Obama has vowed to veto the bill should it reach his desk.

If the Senate or Obama rebuffs the initiative by the House of Representatives, Trump may simply rescind the executive order prohibiting discrimination by federal contractors.

During the campaign, Vice President-elect Mike Pence stated repeatedly that Trump would replace the education department’s guidance concerning the rights of transgender students with “common sense” regulations that would allow local school districts to set their own policies.

The current guidance, however, is the subject of several pending court battles. In October, the Supreme Court agreed to accept one of these cases, Grimm v. Gloucester County School Board, and may issue a definitive ruling on the issue in June 2017. That ruling may turn out to be a broad one that upholds the rights of transgender students or it could be a more limited one based on deference to the guidance offered by federal agencies.Â

The EEOC’s interpretation of the Civil Rights Act of 1964 is also before several courts.

Most of the courts that have ruled on the issue have agreed that “gender identity” is covered by the prohibition of discrimination on the basis of “sex” in the Civil Rights Act. But they have split on whether “sexual orientation” is covered, though that interpretation has gained traction recently.

Trump is likely to appoint EEOC commissioners who will reverse the current interpretation, but if the courts adopt it, the EEOC will be bound by it.

State Department Activism

A hallmark of the Obama administration’s foreign policy has been support for LGBT rights. As Secretary of State Hillary Clinton declared at the United Nations in 2011, under Obama official U.S. policy is that, “Gay rights are human rights.”

Obama’s ambassadors, including but not limited to his seven openly gay appointees, have participated in Pride parades, promoted equal rights and denounced bigotry.

In 2015, Secretary of State John Kerry announced the appointment of Randy Berry as the Special Envoy for the Human Rights of LGBT Persons, a position created in order “to move towards a world free from violence and discrimination against LGBT persons.”

Kerry remarked that: “Defending and promoting the human rights of LGBT persons is at the core of our commitment to advancing human rights globally — the heart and conscience of our diplomacy. That’s why we’re working to overturn laws that criminalize consensual same-sex conduct in countries around the world. It’s why we’re building our capacity to respond rapidly to violence against LGBT persons, and it’s why we’re working with governments, civil society, and the private sector through the Global Equality Fund to support programs advancing the human rights of LGBT persons worldwide.”

On Sept. 20, 2016, in his final address to the United Nations, Obama called for a world-wide end to anti-LGBT discrimination.

It is unlikely that Trump’s State Department will defend LGBT rights so passionately, particularly considering Trump’s admiration for President Vladimir Putin’s Russia.

Passage of FADA

During the campaign, Trump unequivocally endorsed FADA, a bill that would license discrimination against LGBT individuals in the name of religion.

Because the current version of the bill was amended to protect both those in favor of as well as those opposed to same-sex marriage, many of the bill’s anti-gay supporters have dropped their endorsements. It is not clear what version of the bill Trump supports.

It is probable that the House of Representatives could pass FADA or another “religious liberty” bill that would license discrimination in the name of religion, but it is less clear that the Senate would do so.

Anti-gay legislation is more difficult for the Senate to pass because Democrats hold enough seats to mount a successful filibuster. In addition, there are a handful of Republican senators who will oppose blatant bigotry.

Moreover, state “religious liberty” bills have either been declared invalid by courts or have provoked so great an outcry from businesses and citizens that they have been amended so as to lessen their potential to authorize discrimination.

In 2015, when he was governor of Indiana, Pence created a national furor when he signed into law a “Religious Freedom Restoration Act” that licensed discrimination against LGBT people. Only after protests and threats from businesses to relocate from Indiana did he sign an amendment that diluted the bill’s power to discriminate.

Mississippi’s “religious liberty” bill was passed, but was declared unconstitutional before it went into effect. Mississippi has appealed the court ruling that declared the bill unconstitutional to the 5th U.S. Circuit Court of Appeals.

Conclusion

Trump secured the support of the religious right by agreeing to their demands for anti-gay Supreme Court nominees and anti-gay legislation. He has pandered to them on many occasions, and they expect to be rewarded for their support.

Most ominously, he has chosen a vice president with a long and ugly record of bigotry — a fervent cultural warrior whose anti-gay positions have included opposition to “Don’t Ask, Don’t Tell” repeal, the Employment Non-Discrimination Act (ENDA), the Matthew Shepard-James Byrd, Jr. Hate Crimes Act, and both civil unions and marriage for same-sex couples.

Trump’s choice to lead his domestic policy transition team, Family Research Council senior fellow Ken Blackwell, has an equally long and ugly record of anti-gay activism. We can expect that Pence and Blackwell will prioritize anti-LGBT policies and legislation.

What we need to remember, however, is that the policies embraced by Pence and Blackwell are deeply unpopular with the American people. We must also remember that Trump has no mandate to erode LGBT rights.

Not only did he not receive a plurality of the popular vote in the election, but during the campaign he conspicuously refrained from demonizing LGBT people in a campaign characterized by ethnic and racial slurs, misogyny and the mocking of the disabled. He even waved a rainbow flag at one of his rallies to indicate (unconvincingly) his dubious support for us.

The four years of the Trump presidency is likely to be similar to the eight years of the President George W. Bush regime, which was in some ways a long nightmare in which LGBT people were attacked and scapegoated. The difference is that we are now much stronger as a movement than we were then.

Public opinion about LGBT rights has significantly changed, and we are now in a much better position to resist homophobic policies than we were during the Bush years.

Luckily, many of our most successful advocacy groups, including Lambda Legal, the Human Rights Campaign, GLAAD and the ACLU, have assured us that they are prepared to defend LGBT rights. As HRC president Chad Griffin has noted: “The defeats we have suffered tonight demonstrate that our future victories will require us to dig deeper and work harder to continue bending the moral arc of the universe toward justice and equality. We must fight to protect our progress, and to limit the damage that Donald Trump has promised.”

In an eloquent editorial, New Civil Rights Movement Publisher David Badash emphasized that Trump’s victory “was the result of a brilliant con man, a liar, a fraud, a misogynist, a fascistic bully, activating the remains of a changing society: people who see their last grasp — and gasp — of power that was handed to them as their birthright in a nation whose election of a Black president has not done enough to absolve its original sin, slavery, slipping away.”

He pledges that “in the wake of one of the most devastating elections in U.S. history, we here at NCRM rededicate ourselves to our mission of fighting for civil rights, for LGBT people, for women, for immigrants, for minorities. And for unmasking and exposing the hate and hypocrisy that always leads to harm for the most vulnerable in society.”

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Lawmaker Slammed for Claiming College Basketball Players Were Actually ‘Illegal Invaders’

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Michigan MAGA Republican state Rep. Matt Maddock is under fire after claiming three buses were “loaded up with illegal invaders.” The buses, according to multiple reports, were actually loaded with the Gonzaga University basketball team arriving for March Madness.

“Happening right now. Three busses just loaded up with illegal invaders at Detroit Metro. Anyone have any idea where they’re headed with their police escort?” Rep. Maddock wrote on social media Wednesday evening, tagging far-right former U.S. Congressman Pete Hoekstra, who served as U.S. Ambassador to the Netherlands under Donald Trump and is now the state’s Republican Party chair.

Informed of his error on social media, Rep. Maddock doubled down, and attacked.

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“Probably teams for the NCAA Mens Sweet 16 playing at LCA on Friday and Sunday,” a user on X wrote.

“Sure kommie. Good talking point,” Maddock quickly shot back.

ABC affiliate WXYZ executive producer Maxwell White, responding to the Maddock’s original post wrote: “Just to be clear, this was the Gonzaga basketball team. Photos show Gonzaga getting on an Allegiant plane to Detroit for the Sweet 16, and Flight Radar shows a plane from GEG to DTW landed at 7:25 p.m., around the time this photo was posted.”

“This is a wild tweet,” White added, before adding more evidence.

Hoekstra, who was accused of using racism and xenophobia to win his campaign for a U.S. Senate seat (he lost), did not respond directly to Maddock but did repost the apparently false claim.

Michigan State Senate Democratic Majority Whip Mallory McMorrow denounced Maddock’s claim as “dangerous.”

Maddock’s remark also made the national stage when U.S. Rep. Eric Swalwell responded.

READ MORE: Trump Campaign Says It Will Deploy ‘Soldiers’ to Polling Places

“Hey Einstein,” the California Democrat wrote, “your state is hosting the Sweet 16. Could it be a team bus? If it is, will you resign for your spectacular stupidity?”

In 2021 The Washington Post reported, “Michigan state Rep. Matt Maddock and his wife, Michigan Republican Party co-chair Meshawn Maddock, have repeatedly been called out by fact-checking journalists for promoting baseless claims of widespread voter fraud and falsely suggesting that covid-19 is comparable to the flu.”

See the social media posts above 0r at this link.

 

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Comer Refuses to Investigate Trump Family Member Over ‘Influence Peddling’ Allegation

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Last year House Oversight Committee Chairman Jim Comer acknowledged former President Donald Trump’s son-in-law and senior White House advisor Jared Kushner had “crossed the line” when he accepted $2 billion in foreign investment funds from the government of Saudi Arabia as he started up a private investment firm just months after leaving the White House.

Now, Chairman Comer says he will not open an investigation into any possible wrongdoing, Huffpost reports, despite top Democrats alleging Kushner engaged in “apparent influence peddling and quid pro quo deals.”

On Tuesday, the top Democrat on Comer’s Oversight Committee, Ranking Member Jamie Raskin, and Democrat Robert Garcia, the Ranking Member on the Subcommittee on National Security, the Border, and Foreign Affairs, formally requested Comer “convene a hearing regarding Jared Kushner’s apparent influence peddling and quid pro quo deals involving investments in exchange for official actions and to examine the resulting threats to our national security.”

“This Committee cannot claim to be ‘investigating foreign nationals’ attempts to target and coerce high-ranking U.S. officials’ family members by providing money or other benefits in exchange for certain actions while continuing to ignore these matters,” Raskin and Garcia wrote. “We therefore urge you to work with us to finally investigate Mr. Kushner’s receipt of billions of dollars from foreign governments in deals that appear to be quid pro quos for actions he undertook as senior White House adviser in Donald Trump’s Administration.”

READ MORE: Greene Says She Won’t Take Responsibility if Johnson Loses Speaker’s Gavel Before Election

The American people are deeply concerned about these business dealings and Mr. Kushner’s apparent influence peddling. We must address
those concerns with a fair, impartial, and public process to understand the truth and to institute meaningful reforms to safeguard public confidence in our executive branch.”

The two Democrats in their letter say their “request comes in light of allegations that Jared Kushner is pursuing new foreign business deals, just as Donald Trump becomes the presumptive Republican nominee for the presidency. Last year, well before these new allegations came to light, Chairman Comer had already conceded that Jared Kushner’s conduct ‘crossed the line of ethics’ and promised that the Oversight Committee would ‘have some questions for Trump and some of his family members, including Jared Kushner.'”

Raskin and Garcia paint a picture of “Kushner’s pattern of profiting off of his time in the White House.”

Citing The New York Times (apparently this article), they write, “Jared Kushner was closing in on investments in Albania and Serbia, leveraging relationships he built during his time as a senior adviser in his father-in-law’s White House. Reportedly, Mr. Kushner is considering an investment on the site of the former Yugoslav Ministry of Defense.”

“Mr. Kushner is reportedly being advised by Richard Grenell, another former senior Trump Administration official who served as U.S. Ambassador to Germany and, concomitantly, as ‘special envoy for peace negotiations between Serbia and Kosovo.’ Mr. Grenell reportedly ‘pushed a related plan’ for redevelopment of the same site during his time in the Trump Administration.”

READ MORE: Trump Says He Thinks He’s ‘Allowed’ to Accept Foreign Money to Pay Fines

“In pursuing investment opportunities in Albania, Mr. Grenell and Mr. Kushner have been openly leveraging their relationship with Edi Rama, the Prime Minister of Albania. While Commander-in-Chief, President Trump received unconstitutional payments from Prime Minister Rama and other senior Albanian government officials who spent thousands of dollars at theTrump International Hotel in Washington, D.C., over three separate stays,” Raskin and Garcia write.

They also allege, “Mr. Kushner successfully overruled State Department officials, including Secretary of State Rex Tillerson, to make President Trump’s first foreign trip as President to Saudi Arabia. Mr. Kushner personally intervened to inflate the value of a U.S.-Saudi arms deal and to finalize the deal President Trump signed, which was worth $110 billion. Mr. Kushner
also provided diplomatic cover and support to the Crown Prince after the brutal murder of Jamal Khashoggi, an American permanent resident and journalist. Mr. Khashoggi’s murder was assessed by American Intelligence to have been approved by the Crown Prince himself.”

Despite their extensive allegations, Chairman Comer is refusing to open an investigation.

“Unlike the Bidens, Jared Kushner has a legitimate business and has a career as a business executive that predates Donald Trump’s political career,” Comer said, as HuffPost reports. “Democrats’ latest letter is part of their playbook to shield President Biden from oversight.”

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Greene Says She Won’t Take Responsibility if Johnson Loses Speaker’s Gavel Before Election

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Despite filing a motion to vacate the chair last week, which could end Mike Johnson’s short term as Speaker, and despite pummeling him in the press, U.S. Rep. Marjorie Taylor Greene (R-GA) says she will take no responsibility if House Democratic Minority Leader Hakeem Jeffries becomes Speaker of the House before the November election.

Appearing on right-wing media Tuesday, the far-right Georgia Republican targeted Speaker Johnson again, telling GOP voters Johnson stabbed them “in the back.”

Johnson “has a duty and responsibility to care for our conference,” Greene told Real America’s Voice. “That means not force us to vote on full-term abortion, funding the trans agenda, DEI funding, 300 million to the Ukraine war, and many other horrific far-left funding wishlist items that the Democrats were thrilled with.”

“He shouldn’t make us vote on that in order to pay our military soldiers. That’s outrageous. It’s also an election year,” she continued, “and that means that Republicans are out trying to get re-elected and he forced our Republican conference, those that voted for this basically walked the plank for him and that is outrageous.”

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After talking for several minutes about how Johnson “broke” and “violated” the rules by holding votes to keep the government from shutting down, she insisted her attacks are “not personal against Mike Johnson.”

“I filed the motion to vacate basically issuing a pink slip saying you’re going to be fired, we will not tolerate this any longer. And Republican voters all over this country agree with me,” she insisted.

In October, after Kevin McCarthy was ousted by his own party as Speaker of the House, CBS News reported its new polling “shows the American public wants the next Republican speaker to prioritize federal spending cuts, but also work across the aisle with Democrats and stand up against the ‘MAGA’ movement.”

Declaring, “Our conference needs a new Speaker of the House,” Greene insisted her actions have no effect on Republicans, who increasingly are exiting Congress early.

She also insisted that pinning a possible Speaker of the House Hakeem Jeffries on her is merely “twist” and “spin.”

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“This is simple math,” she said. “The more Republicans like Mike Gallagher that resign and leave early, guess what that means we have less Republicans in the House. So every time a Mike Gallagher or Ken Buck leaves that brings our members down and brings us dangerously closer to being in the minority. It’s not Marjorie Taylor Greene.”

“I am not going to be responsible for Hakeem Jeffries being Speaker of the House. I am not going to for a Democrat majority taking over our Republican majority. That lies squarely, squarely on the shoulders of these Republicans that are leaving early because they don’t have the intestinal fortitude to handle the real fight, and the responsibility that comes with leadership at the end of our Republic when our country is nearly destroyed and when our Constitution is being ran through a paper shredder. So no one is going to blame that on me.”

Watch the videos above or at this link.

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