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OPINION

Yep, Obama Is Responsible for This Week’s LGBTQ Supreme Court Victory

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This article first appeared in Michelangelo Signorile’s Substack newsletter. To see the article in its original location or to subscribe, click here.

In a piece in Gen, I write about how, ultimately, President Obama — and the work at the Equal Employment Opportunity Commission during his administration — paved the way for the massive and stunning Supreme Court win on LGBTQ equality, in which the court ruled that gay, lesbian, bisexual and transgender people are protected from employment discrimination under Title VII of the 1964 Civil Rights Act.

The deliciousness of the ruling is that Justice Neil Gorsuch — the perhaps-until-yesterday darling of the religious extremists and a man appointed by Donald Trump — wrote the majority decision, and Chief Justice John Roberts joined him and the four liberals to slam down a 6-3 ruling.

This ruling will have far-reaching implications because it deemed that the word “sex” — a protected class under Title VII — is to be interpreted to include sexual orientation and gender identity. Legal scholars believe first and foremost it will undercut Trump’s vicious rollbacks of rights for transgender people specifically.

And its broad implications for dozens of statutes that prevent discrimination on the basis of sex, from housing to education, are clear, likely will lead to many more wins for gay and transgender people.

“We must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear,” Gorsuch wrote in words that are likely to be quoted in many cases about many areas. “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

But as I write in the piece in Gen, Gorsuch is actually no friend to LGBTQ rights and is a “religious liberty” crusader who will likely try to limit these very rights with odious exceptions allowing discrimination based on religious beliefs.

To read the remainder of this article, visit Michelangelo Signorile’s Substack newsletter.

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OPINION

MAGA State Superintendent Supports Chaplains in Public Schools – But Not From All Religions

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Visitors to Oklahoma’s State Schools Superintendent’s personal social media page will notice a post vowing to “ban Critical Race Theory, protect women’s sports, and fight for school choice,” a post linking to a Politico profile of him that reads, “Meet the state GOP official at the forefront of injecting religion into public schools,” a photo of him closely embracing a co-founder of the anti-government extremist group Moms for Liberty, and a video in which he declares, “Oklahoma is MAGA country.”

This is Ryan Walters, a far-right Republican Christian nationalist who is making a national name for himself.

“God has a place in public schools,” is how Politico described Walters’ focus.

Last week the Southern Poverty Law Center published an extensive profile of Walters, alleging “hateful rhetoric toward the LGBTQ+ community, calls to whitewash curriculum, efforts to ban books, and attempts to force Christian nationalist ideology into public school classrooms.”

READ MORE: Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

“Walters is superintendent of public instruction, and public schools are supposed to serve students of all faiths, backgrounds and identities,” Sarah Kate Ellis, president and CEO of GLAAD, told SPLC.

Walters is supporting new legislation in Oklahoma that follows in Texas’ footsteps: allowing untrained, unlicensed, uncertified, and unregulated religious chaplains and ministers to be hired as official school counselors.

“We heard a lot of talk about a lot of those support staffs, people such as counselors, having shortages,” Rep. Kevin West, a Republican, said, KFOR reports. “I felt like this would be a good way to open that door to possibly get some help.”

Walters praised West, writing: “Allowing schools to have volunteer religious chaplains is a big help in giving students the support they need to be successful. Thank you to @KevinWestOKRep for being the House author for this bill. This passed the House yesterday and moves on to the Senate where @NathanDahm is leading the charge for this bill.”

As several Oklahoma news outlets report, there’s a wrinkle lawmakers may not have anticipated.

“With the Oklahoma House’s passage of Senate Bill 36, which permits the participation of uncertified chaplains in public schools, The Satanic Temple (TST) has announced its plans to have its Ministers in public schools in the Sooner State. If the bill advances through the Senate, this legislation will take effect on November 1, 2024. State Superintendent Ryan Walters, a vocal advocate for religious freedom in schools, has endorsed the legislation. The House approved SB 36 by a 54-37 vote on Wednesday,” a press release from The Satanic Temple reads. “The Satanic Temple, a federally recognized religious organization, has expressed its dedication to religious pluralism and community service.”

READ MORE: DeSantis Declares NYC ‘Reeks’ of Pot Amid Florida’s Battle for Legalization and 2024 Voters

Walters responded on social media to The Satanic Temple’s announcement.

“Satanists are not welcome in Oklahoma schools, but they are welcome to go to hell,” he wrote.

Former Lincoln Project executive director Fred Wellman served up an equally colorful response.

“Hahahaha!!! You are an idiot,” Wellman wrote. “How did you not see this coming? Satanists, Muslims, Jews, Buddhists, Pastafarians…come one come all! After all you’re not trying to establish Christianity as the state religion are you? We had a whole ass revolution about that. There are history books about it…oh…right. Not your thing. What a fool.”

The Freedom From Religion Foundation (FFRF) served up a warning.

“The state of Oklahoma cannot discriminate against people or groups based on their religious beliefs,” the non-profit group wrote. “Walters’ hateful message shows, one again, that he only believes in religious freedom for Christians and that he is unfit to serve in public office.”

READ MORE: ‘Pretty Strong Views’: Trump Vows ‘Big Statement’ on Abortion Pill in the ‘Next Week or Two’

 

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OPINION

‘Pretty Strong Views’: Trump Vows ‘Big Statement’ on Abortion Pill in the ‘Next Week or Two’

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Donald Trump claimed he has “pretty strong views” on the medication abortion drug mifepristone, vowed he would make a statement on it in two weeks, and when he missed his self-imposed deadline the ex-president said he would do so in one week, according to a TIME magazine cover story interview and transcript published Tuesday.

Abortion has become a critical election issue, with Democrats fully supporting a woman’s right to choose and most Republicans strongly opposed. Some Republicans and those on the far-right support a ban, are attempting to ban, or refusing to protect in-vitro fertilization (IVF), as well as mifepristone, which is widely-used, safe, and available by mail in many states.

In the wide-ranging interview with TIME’s Eric Cortellessa, Trump made clear he would not weigh in on a national abortion ban, insisting it could not happen because the Supreme Court sent the issue to the states. Several Republicans and far-right activists have openly promoted national abortion bans.

Trump, according to a transcript of his interview TIME published, also appeared unfamiliar with – or unable or unwilling to discuss – some issues that have been an important part of the national conversation, including IVF, mifepristone, and attaching legal “personhood” status to fetuses, or embryos, in the womb.

RELATED: Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

“Your allies in the Republican Study Committee, which makes up about 80% of the GOP caucus, have included the Life of Conception act in their 2025 budget proposal. The measure would grant full legal rights to embryos. Is that your position as well?” TIME’s Cortellessa asked Trump.

“Say it again. What?” the ex-president replied.

“The Life at Conception Act would grant full legal rights to embryos, included in their 2025 budget proposal. Is that your position?” Cortellessa explained, asking again.

“I’m leaving everything up to the states. The states are going to be different. Some will say yes. Some will say no. Texas is different than Ohio,” Trump replied, ignoring that the bill is a federal bill sponsored by Republicans in the House and Senate.

“Would you veto that bill?” Cortellessa pressed.

“I don’t have to do anything about vetoes, because we now have it back in the states,” Trump insisted, not giving a direct answer. “They’re gonna make those determinations.”

Cortellessa’s next question: “Do you think women should be able to get the abortion pill mifepristone?”

READ MORE: ‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

Again, Trump refused to give a direct answer.

“Well, I have an opinion on that, but I’m not going to explain. I’m not gonna say it yet. But I have pretty strong views on that. And I’ll be releasing it probably over the next week,” he said, unwilling to even engage in any conversation about it.

“Well, this is a big question, Mr. President,” Cortellessa pressed, “because your allies have called for enforcement of the Comstock Act, which prohibits the mailing of drugs used for abortions by mail. The Biden Department of Justice has not enforced it. Would your Department of Justice enforce it?”

“I will be making a statement on that over the next 14 days,” Trump vowed.

“You will?” the reporter again pressed.

“Yeah, I have a big statement on that. I feel very strongly about it. I actually think it’s a very important issue,” Trump claimed, refusing to discuss it further.

TIME reports the original Trump interview took place at Mar-a-Lago on April 12, and a follow up interview was conducted by phone April 27.

“Last time we spoke, you said you had an announcement coming over the next two weeks regarding your policy on the abortion pill mifepristone. You haven’t made an announcement yet. Would you like to do so now?” Cortellessa asked Trump.

“No, I haven’t,” he acknowledged. “I’ll be doing it over the next week or two. But I don’t think it will be shocking, frankly. But I’ll be doing it over the next week or two. We’re for helping women, Eric. I am for helping women. You probably saw that the IVF came out very well. And, you know, I set a policy on it, and the Republicans immediately adopted the policy.”

READ MORE: Noem Doubles Down With ‘Legal Cover’ For Shooting Her Puppy to Death

 

 

 

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OPINION

Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

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With little more than six months until Election Day, Donald Trump is preparing for an “authoritarian” presidency, and a massive, multi-million dollar operation called Project 2025, organized by The Heritage Foundation and headed by a former top Trump White House official, is proposing what it would like to be his agenda. In its 920-page policy manual the word “abortion” appears, by NCRM’s count, nearly 200 times.

Trump appears to hold a more narrow grasp of the issue of abortion, and is holding on to the framing he recently settled on, which he hoped would end debate on the issue after the U.S. Supreme Court overturned Roe v. Wade. One day before the Arizona Supreme Court ruled an 1864 law banning abortion was still legal and enforceable, Trump declared states have total control over abortion and can do whatever they like.

Despite the results of that framing, Trump is sticking with that policy.

In a set of interviews with TIME‘s Eric Cortellessa, published Tuesday, the four-times indicted ex-president said he would not stop states from monitoring all pregnancies within their borders and prosecuting anyone who violates any abortion ban, if he were to again become president. He also refused to weigh in on a nationwide abortion ban or on medication abortion.

READ MORE: ‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

Recently, Trump backed away from endorsing a nationwide abortion ban, but in the past he has said there should be “punishment” for women who have abortions. The group effectively creating what could become his polices, The Heritage Foundation and its Project 2025, fully support a ban on abortion.

The scope of the TIME interviews was extensive.

“What emerged in two interviews with Trump, and conversations with more than a dozen of his closest advisers and confidants, were the outlines of an imperial presidency that would reshape America and its role in the world,” Cortellessa writes in his article.

“To carry out a deportation operation designed to remove more than 11 million people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women’s pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers. He would be willing to fire a U.S. Attorney who doesn’t carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America’s founding.”

TIME’s Cortellessa also notes that Trump “is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on Jan. 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury. He might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn’t paying enough for its own defense. He would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen.”

READ MORE: ‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

On abortion, Trump has repeatedly bragged he personally ended Roe v. Wade, which was a nearly 50-year old landmark Supreme Court ruling that found women have a constitutional right to abortion, and by extension, bodily autonomy.

But Trump has also “sought to defuse a potent campaign issue for the Democrats by saying he wouldn’t sign a federal ban. In our interview at Mar-a-Lago, he declines to commit to vetoing any additional federal restrictions if they came to his desk. More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. ‘I think they might do that,’ he says.”

“When I ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he says, ‘It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.’ President Biden has said he would fight state anti-abortion measures in court and with regulation,” Cortellessa adds.

Trump in his TIME interview continued to hold on to the convenient claim as president he would have absolutely nothing to do with abortion.

But “Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to ‘the moment of fertilization.’ I ask Trump if he would veto that bill if it came to his desk. ‘I don’t have to do anything about vetoes,’ Trump says, ‘because we now have it back in the states.'”

That’s inaccurate, if a national abortion ban, or any legislation on women’s reproductive rights, comes to his desk. And they will, if there’s a Republican majority in the House and Senate.

READ MORE: Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

Brooke Goren, Deputy Communications Director for the Democratic National Committee (DNC) writes, “In the same interview, Trump:
– Repeatedly refuses to say he wouldn’t sign a national ban
– Left the door open to signing legislation that could ban IVF
– Stood by his allies, who are making plans to unilaterally ban medication abortion nationwide if he’s elected.”

Cortellessa ends his piece with this thought: “Whether or not he was kidding about bringing a tyrannical end to our 248-year experiment in democracy, I ask him, Don’t you see why many Americans see such talk of dictatorship as contrary to our most cherished principles? Trump says no. Quite the opposite, he insists. ‘I think a lot of people like it.'”

The Bulwark’s Bill Kristol, once a hard-core conservative Republican, now a Democrat as of 2020, served up this take on TIME’s Trump interview and overview of a second Trump reign.

“Some of us: A second term really would be far more dangerous than his first, it would be real authoritarianism–with more than a touch of fascism.

Trump apologists: No way, calm down.

Trump: Yup, authoritarianism all the way!”

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