Gorsuch Would Be the Most Conservative Justice on the Bench Except for Clarence Thomas

LGBT and civil rights groups are denouncing the choice of Neil Gorsuch to replace Antonin Scalia on the U.S. Supreme Court. Their concerns are valid. Ranking each of the eight SCOTUS justices from most liberal to most conservative, Nate Silver’s FiveThirtyEight shows Gorsuch would be the most conservative justice on the bench except for Clarence Thomas. In other words, Antonin Scalia was more liberal than Gorsuch is.

FiveThirtyEight senior writer Oliver Roeder posted this graphic to Twitter:

trump nominates neil gorsuch to the supreme court: https://t.co/xovHOjrqG3 pic.twitter.com/BuDJvwRGOn

— Oliver Roeder (@ollie) February 1, 2017

So, what are LGBT and civil rights groups saying?

Human Rights Campaign:

“Since the moment he stepped foot in the Oval Office, President Trump has attacked equality,” HRC President Chad Griffin said in a statement. “He has signed executive orders that undermine our country’s most cherished values and appointed anti-LGBTQ cabinet nominees who have spent their careers undermining civil rights. And now, he has nominated Judge Gorsuch to the Supreme Court, fulfilling his campaign promise to nominate a justice in the mold of Antonin Scalia, one of the most vehemently anti-LGBTQ justices to ever sit on the court who once went so far as to compare gay people to murderers.”

Also via HRC:

Gorsuch has a long and troubling career opposing civil rights, including for LGBTQ people:

• Gorsuch called marriage equality part of the liberal social agenda, saying, “American liberals have become addicted to the courtroom… as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide…”

• He joined the Tenth Circuit’s decision in Hobby Lobby v. Sebelius, which asserted that  that some private corporations are “people” under federal law and have a right to deny basic healthcare coverage if it violates their religious belief.  This expansive ruling could allow employers to deny transgender employees access to hormone treatment, access to birth control and other crucial health care for LGBTQ people.

• Hobby Lobby could have negative long-term consequences beyond health care for the LGBTQ community. There are those who are already trying to use the decision to support discrimination against LGBTQ workers.

• In 2015, Gorsuch joined a ruling against a transgender woman who was denied consistent access to hormone therapy while incarcerated. The ruling dismissed the prisoner’s claims that the denial of care amounted to cruel and unusual punishment under the U.S. Constitution.

• He has advocated for eliminating Chevron deference, a critical administrative law doctrine that allows our federal system of regulations to function, which could result in the significant loss protections for LGBTQ people.

GLAAD:

“Neil Gorsuch’s harmful history of discrimination against the LGBTQ community renders him completely unfit to sit on the highest court in the land,” Sarah Kate Ellis, GLAAD President & CEO, said in a statement. “He has record of advocating for anti-LGBTQ rhetoric or supporting candidates that are in favor of open discrimination against people and families who simply want to be treated the same as everyone else. Gorsuch’s presence on the Supreme Court will affect the law of the land for generations to come – long after Trump is out of office, and will turn back the clock on equality and acceptance.”

 

Lambda Legal:

First to take a position was Lambda Legal, which noted never before have they opposed a SCOTUS nominee before a confirmation hearing. And they very much oppose Judge Gorsuch, in a statement titled, “Neil Gorsuch Has an Unacceptable, Hostile Record Towards LGBT People.”

“Judge Gorsuch’s opinion in the 10th Circuit Hobby Lobby decision is disqualifying,” said Rachel B. Tiven, CEO of Lambda Legal. “The Hobby Lobby decision set a terrible and destructive standard for bosses being allowed to meddle in our sex lives and decide whether or not birth control is covered by the employer’s insurance plan. In Judge Gorsuch’s decision, he calls the inclusion of health coverage that includes birth control – ‘complicity…in the wrongdoing of others.’  Even the Supreme Court, affirming that case, acknowledged how dangerous this line of thinking is: it creates a nation in which some religions are obliged to follow the law and others are not.  Troublingly, Judge Gorsuch does not even see this as a problem.

PFLAG:

“No good has ever come from using religion as a tool to perpetrate divisiveness and harm,” Interim Executive Director Elizabeth Kohm said in a statement on Judge Gorsuch. “PFLAGers are people of faith and cannot support a nominee who seems to pass the new test imposed by the Trump Administration: Will you use the law to provide people a license to discriminate?”

Freedom for All Americans:

“With a record of defending religious liberty at the cost of infringing on individual liberties, Gorsuch’s confirmation could mean the rollback of basic freedoms and crucial protections for vulnerable LGBT people across America,” FAA’s executive director, Matt McTighe said in a statement.

OutServe-SLDN:

“We are dismayed with the actions of the Trump Administration today, in the selection of Judge Neil Gorsuch, of the 10th Circuit Court of Appeals, to join the United States Supreme Court,” OutServe-SLDN Executive Director Matt Thorn said in a statement. “His record and opinions on the expansion of religious exceptions can be utilized in the marginalization and discrimination towards the LGBT and women’s communities. These opinions should be uniquely disqualifying for an appointment to our nation’s highest court. His judicial record is hostile towards members of the LGBT community, including those that have and continue to selflessly serve this great nation.”

More via Lambda Legal:

A few excerpts from Lambda Legal’s review of Gorsuch’s record:

“Judge Gorsuch has supported religious exemptions from laws based on “complicity”—the belief that adhering to the law makes the objector complicit in the allegedly sinful conduct of others.”

Lambda Legal points to Gorsuch’s opinion in the Hobby Lobby case:

“All of us face the problem of complicity.  All of us must answer for ourselves whether and to what degree we are willing to be involved in the wrongdoing of others.  For some, religion provides an essential source of guidance both about what constitutes wrongful conduct and the degree to which those who assist others in committing wrongful conduct themselves bear moral culpability. . . . Understanding that is the key to understanding this case.”

And they explain why his decision was wrong and dangerous:

Whereas the Supreme Court decision in Hobby Lobby made concerns about the impact on real people central, Judge Gorsuch did not address the harmful effects of denying access to reproductive healthcare on female employees and dependents. Instead, his sole concern was for the religious objectors who alleged that “ordering their companies to provide insurance coverage for drugs or devices whose use is inconsistent with their faith itself violates their faith, representing a degree of complicity their religion disallows.”

This is a vision of a society where religion prevails over law, and where the concerns of religious parties override the concerns of other citizens. In supporting this vision, Judge Gorsuch’s opinions open the door to all manner of assaults on the civil rights of ordinary citizens – including lesbians, gay men, bisexuals, and transgender people and everybody living with HIV.