LGBT

Trump Wants Another Scalia on the Supreme Court, Which Would Eviscerate LGBT Equality

Scalia's venomous, paranoid, divisive, & contemptuous dissents about LGBT equality were at times the judicial equivalent of a Trump campaign rally.
PFAW

Ted Cruz Hopes To Save Presidential Campaign With Attacks On LGBT People

This piece originally appeared on the Huffington Post.

Last month, Ted Cruz delivered a warning to the Republican Jewish Coalition: If the GOP nominates Donald Trump for president, the general election will be a “bloodbath.”

The Texas senator assured the group that he is not the right-wing firebrand he has been made out to be. The Jewish Telegraphic Agency reported that “Cruz said social issues devolve to the states and suggested he would not seek to impose his views as a president.”

“Nobody wants to elect a hectoring scold,” he said.

However, this more moderate and toned-down version of Ted Cruz didn’t last very long, as just days later he launched new attacks against transgender people, smearing them as likely sexual predators. In a television ad, Cruz’s campaign attacked Trump and Hillary Clinton for “letting transgender men go in little girls’ bathrooms”; on the campaign trail, he suggested that his daughters may be assaulted by transgender women.

Cruz then said that he doesn’t think transgender people should be let into public restrooms at all, instead saying that they should only be allowed to go to the bathroom at home.

Such attacks shouldn’t be surprising, considering that Cruz has spent his entire presidential campaign courting the support of radical anti-LGBT activists.

Cruz’s campaign is stacked with anti-gay leaders like Gordon Klingenschmitt, a Colorado state lawmaker who also happens to be an anti-LGBT exorcist who believes that gay people “should be discriminated against”; Gary Glenn, a Michigan lawmaker who wants to outlaw homosexuality; and North Carolina activists Flip Benham and Ron Baity, who have crashed gay couples’ weddings and likened gay people to “maggots,”respectively.

Two people with roles in Cruz’s campaign, Republican Rep. Glenn Grothman of Wisconsin and Family Research Council President Tony Perkins, have defended Uganda’s “kill-the-gays” bill. Cruz even gladly made a campaign ad with “Duck Dynasty” star Phil Robertson, who said at one Cruz campaign event that Americans should “rid the earth” of gay marriage supporters.

He promised a group of anti-LGBT activists that if he is elected president, “we will not use the federal government to enforce [the] lawless decision [on same-sex marriage].” Speaking with conservative pundits, he warned that marriage equality will destroy the freedom of speech and denounced what he called the gay “jihad“ on freedom.

Then there was Cruz’s attendance at a “religious liberties” conference in Iowa last year that was hosted by radical anti-LGBT pastor Kevin Swanson, who used the forum to promote the death penalty for homosexuality, rail against the Harry Potter books for supposedly turning kids gay, and promise that if his son were ever to marry another man he would show up to the wedding covered in cow manure

Even after having been warned about Swanson’s views on national TV, Cruz attended the event and participated in an onstage interview with Swanson, where he lavished praise on Kim Davis, the county clerk in Kentucky who tried to block her office from issuing marriage licenses to same-sex couples by citing “God’s authority,” and called the Supreme Court’s marriage equality ruling “fundamentally illegitimate.” The candidate eventually — after much criticism — said that he regretted his appearance at the conference and falsely claimed to have immediately denounced Swanson upon learning about his views.

Despite Cruz’s attempt to reposition himself as the more reasonable alternative to Trump, his anti-LGBT record is one more example of his blatant extremism.

PFAW

Discriminatory "Religious Freedom" Bill is Bad for Our State

This piece originally appeared on the Huffington Post.

I am one who believes that we must be vigilant about protecting true religious liberty, which has been a guiding principle throughout our country's history. As the First Amendment makes clear, all people have a right to practice, or not to practice, any religion they choose. Laws that truly protect individuals' exercise of religion prevent the government from infringing on our rights.

But the state legislature is considering a bill (HB 757) that, though framed in the language of protecting First Amendment religious freedom, at its core is about one thing: discrimination. HB 757 was recently amended and passed by the state Senate and is now being considered by the House. As Americans United explains it, the bill would allow "any individual or 'faith-based' business, non-profit entity, or taxpayer-funded organization to ignore any law that conflicts with their religious beliefs about marriage." In other words, businesses and organizations could cite religion in order to refuse service to certain groups of people.

This bill could lead to any number of nightmare situations. Restaurant owners who refuse to serve same-sex or interracial couples. Domestic violence shelters that turn away unmarried mothers and their children. Adoption agencies that refuse to place a child with parents of different faiths.

It's not the first time Georgia has considered passing a "right to discriminate" bill. Why are our state representatives wasting time, again and again, pushing legislation that would harm Georgians and threaten to drive businesses out of the state? The bill's sponsor even admitted last week that the legislation could protect the Ku Klux Klan as a "faith-based" organization. This bill is too extreme for Georgia, plain and simple. 

While the new title of part II of HB 757, "the First Amendment Defense Act of Georgia," may sound like it's about true religious protection, the bill is actually a cynical attempt to turn the idea of religious liberty into a sword to attack other people's rights, rather than to truly shield their own religious practices from improper government interference. That's not what religious liberty is about. Moreover, using religion as a tool to harm others is an idea that a strong majority of Georgians reject. According to new data from the Public Religion Research Institute, 57 percent of Georgians oppose allowing small businesses to refuse service to gays and lesbians on religious grounds.

Many faiths, including my own, teach that we should fight for the oppressed. Disguising a push for a "right to discriminate" under the mantle of First Amendment religious freedom is an insult to those moral principles. It's an insult to people of faith who take seriously the call to walk with, and fight for, the most vulnerable among us. 

As a Baptist pastor and as a Georgian, I urge our legislators to do the right thing by rejecting HB 757. On the senate floor, Sen. Nan Orrock said, "Be able to tell your grandchildren that you didn't vote for state-sanctioned discrimination." To that, I say: Amen.

Rev. Timothy McDonald III is Senior Pastor of First Iconium Baptist Church in Atlanta and Co-Chair of People For the American Way's African American Ministers In Action.

PFAW Foundation

EEOC Says Anti-Gay Discrimination Is Illegal Sex Discrimination

EEOC: Sexual orientation discrimination is sex discrimination because it means treating an employee less favorably because of their sex.
PFAW Foundation

Why The Right's Response To Marriage Equality Is Anything But Principled

This post by PFAW and PFAW Foundation Senior Legislative Counsel Paul Gordon was originally published in the Huffington Post. 

Ted Cruz, Bobby Jindal, and other conservative leaders have recently lashed out against the Supreme Court's decision on marriage equality by proclaiming that local clerks who don't personally agree with marriage equality should not be required to issue marriage licenses or perform weddings for same-sex couples - even though it's their job to provide that service to the public.

Their logic is fundamentally flawed. Civil marriage is a civil function, not a religious one. Government employees allowing someone to access their legal rights are not doing anything religious, nor are they condoning the actions being licensed any more than with any other type of license.

That's why when government employees in our country have had religious objections to divorce and remarriage, they have still had to do their jobs. And when government employees have had religious objections to interracial marriages, they have still had to do their jobs. So, too, have government officials with other religious objections to whether or how certain couples get married.

But when the particular religious belief in question is opposition to lesbians and gays, that's apparently a different matter altogether. Now, suddenly, we're told that government employees need to have their religious liberty "protected."

A principle of religious liberty that is invoked only in the context of one particular religious belief is no principle at all. It is a pretext.

The far-right movement that is coalescing around these "protections" allowing civil servants to impose their religious beliefs on others and deny them service does not have clean hands in this regard. While they proclaim loudly that they just want to "live and let live," the policies they have pursued vigorously for decades have aggressively sought to prevent LGBT people from having basic human rights. The Right's new clamor for "protections" is just another form of homophobia.

If the religious right simply wanted to "live and let live," they would not have spent these past decades seeking to impose their religious beliefs about homosexuality on others both through custom and through force of law. They would not have boycotted television networks for airing shows portraying LGBT people as ordinary people. Nor would they have screamed bloody murder when popular celebrities came out of the closet. They would not have fought to prevent us from raising children. They would not have battled to ensure that surviving members of couples be denied Social Security survivor benefits. They would not have opposed letting us serve our country in the intelligence services or in the military. They would not have put so much energy into convincing Americans that we are sexual predators going after their children. They would not have tried to bar us from teaching in public schools. They would not have threatened us with criminal prosecution just for our private, consensual sexual conduct.

Whether it's religious refusals specific to marriage, more general Religious Freedom Restoration Acts in a post-Hobby Lobby world, or Sen. Mike Lee's misleadingly named "First Amendment Defense Act," the Right is yet again attacking LGBT people. With a growing number of Americans - and now the Supreme Court - affirming that the right to marry is a right guaranteed to all regardless of sexual orientation, some on the Right have come to understand that their best tactic to fight marriage equality is to couch their homophobic goals with the language of "religious liberty" instead of explicitly speaking out against LGBT rights. But it's up to all of us to make sure that they do not succeed in these efforts to portray themselves as virtuous defenders of religious liberty, because in reality they're just waging another war against LGBT people.
 

PFAW

A Historic Day for Liberty, Equality, and America

Today's victory for marriage equality is a profoundly American story.
PFAW Foundation

North Carolina Pastor Speaks Out About Discriminatory 'Religious Freedom' Marriage Law

In response to a bill authorizing public officials to refuse to perform same-sex marriages becoming law in North Carolina this morning, Dr. Terence K. Leathers – a pastor at Mt. Vernon Christian Church in Clayton, North Carolina and a member of People For the American Way's African American Ministers In Action – released the following statement:

“Shame on our legislature for making this harmful and unnecessary bill become law. As a pastor, I believe this is not only a blow for the dignity of all North Carolinians but also a blow for true religious liberty.

“Governor McCrory did the right thing when he vetoed this bill, and the fact that our legislature overrode it shows just how far they will go in misusing the principle of religious liberty in order to discriminate. This is a sad day for our state.”

Last week, Dr. Leathers published an op-ed in The Huffington Post calling on the legislature not to misuse religious freedom to license public officials to discriminate.

PFAW

PFAW Telebriefing Unpacks Legal Issues and Real-World Implications of Marriage Cases

As the Supreme Court prepares for arguments about the right to marry, PFAW Foundation Senior Fellow Jamie Raskin says our country may be “on the verge of a historic breakthrough.”

On Thursday, PFAW hosted a telebriefing for members and supporters on this historic moment in anticipation of oral arguments in the Supreme Court marriage cases (Obergefell v. Hodges) next week. PFAW Executive Vice President Marge Baker moderated a conversation among affiliate PFAW Foundation Senior Fellows Jamie Raskin and Elliot Mincberg as well as People For supporters who called in to join the discussion.

In the telebriefing, Raskin and Mincberg unpacked some of the questions before the court — not only whether states can prohibit same-sex couples from marrying or refuse to recognize marriages from other states — but also the implications of the various types of reasoning the justices may use to reach their decision.

They also reflected on the remarkable social transformation our country has seen on the rights of LGBT people. Raskin remembered that the 1986 Bowers v. Hardwick decision, which upheld the criminalization of “sodomy,” came out while he was in law school. With the Court’s steady march away from that kind of legal reasoning, he said, “there’s no going back from here.”

Mincberg pointed out that, unfortunately, the backlash has started before the Supreme Court even decides the cases. With “right to discriminate” legislation pending in more than a dozen states and a handful considering “marriage refusal” bills, it’s clear that the far Right is already forging ahead with a nationwide push to undermine the expanding rights of LGBT Americans.

Call participants shared some great questions and opinions, including a retired pediatric doctor who asked why the principles accepted by the medical community to take care of your patients rather than question or judge them have not been accepted by the political community as well.

Listen to the full telebriefing here:

PFAW

The Courts Have to Matter to LGBTQ Americans

The following is a guest post by Erik Lampmann, a 2011 Young People For (YP4) Fellow. It is cross-posted on the Alliance for Justice blog and the YP4 blog.

Federal courts routinely hand down judgments that affect everyday Americans at an immediate, painful, and personal level – for good or ill.

Consider the case of Seamus Johnston, a transgender student expelled by the University of Pittsburgh at Johnstown (UPJ) for his use of male restrooms and gym facilities on campus. When he sought redress for his experiences at the hands of UPJ, U.S. District Judge Kim Gibson, a George W. Bush appointee, ruled he had no room to claim discrimination since he was being treated in accordance with his sex as assigned at birth and had not had sex reassignment surgery.

In some ways, Johnson was warranted in thinking he was free to live openly as a transgender man since UPJ offers gender identity and expression protections under its student nondiscrimination statement. Indeed, Johnson had lived openly and without significant difficulty as a man since 2009 — even having taken advantage of men-only exercise courses. Only in 2011 was Johnson first confronted for using a men’s locker room. After issuing Johnson citations, barring him from certain facilities, and eventually arresting him, the university expelled him for his attempt to use the bathroom in which he felt most at peace and which he believed he was permitted to use by university policy. In his appeal for justice, Johnson didn’t ask for much — simply that a university that purports to protect students based on “gender identity and expression” allow him a modicum of relief as a transgender person rather than criminalizing his attempts to live authentically.

Essentially, Judge Gibson acknowledged Johnson’s self-identification as a transgender man, but she didn’t think it really mattered in the context of the Equal Protection Clause or Title IX.  Flatly ignoring guidance from the Department of Education encouraging institutions of higher education to recognize transgender and gender non-conforming students’ right to protections under Title IX, Judge Gibson left Johnston, and other transgender students, without protection from sex discrimination. She wrote:

While Plaintiff might identify his gender as male, his birth sex is female … It is this fact … that is fatal to Plaintiff’s sex discrimination claim. Regardless of how gender and gender identity are defined, the law recognizes certain distinctions between male and female on the basis of birth sex. Thus, even though Plaintiff is a transgender male, his sex is female.

In sum, this decision reflects a sobering reality for LGBTQ people, particularly transgender and gender non-conforming individuals: The government — more specifically, a judge — holds the power to determine if the law protects how you define yourself.

This example dramatizes just one way that our courts fail to live up to the promise of the motto “equal justice under law” by protecting the vulnerable among us from exclusion and discrimination. I’ll admit that several years ago the result in this case might have led me to give up on the courts as an avenue for change.

Recent decisions from the Supreme Court and other federal courts have prompted some progressives to view the courts as a once-relevant institution home only to disconnected jurists. When we as progressives write off the courts and treat them as spaces where our communities were never meant to triumph, we concede the power to speak from our lived experience as those affected by the law and to shift the balance of power within the judiciary.

In reality, the legal knowledge of our communities paired with our deeply personal understanding of how the courts’ decisions impact real people gives us a tremendous power to affect the composition of the courts and to create legal precedents that respect rather than ignore our communities’ needs.

Seamus Johnston’s experiences with the justice system are then instructive for progressives building long-term judicial strategies. His loss in the Western District of Pennsylvania is but one battle in a much longer struggle for social justice.

The courts have to matter for LGBTQ Americans and so many others who find themselves on the losing end of cases like Johnston’s. They have to matter because we cannot afford to write off institutions, elected officials, or organizations as permanent friends or enemies. Rather, if we truly believe another world is possible, we have to build it brick by brick, precedent by precedent, judge by judge.

PFAW Foundation

Arkansas Governor Does Only a Partial Retreat on RFRA

Gov. Hutchinson's call for a RFRA bill paralleling the federal one still leaves the door open to discrimination, thanks to the Hobby Lobby ruling.
PFAW

Gov. Pence's Claims Ignore Indiana "Religious Freedom" Law's History

Indiana's Mike Pence is less than convincing in his claims about that state's new RFRA law.
PFAW

Alabama's Shame Grows with Bill to Make It Harder for Gays to Marry

No one should be fooled for a moment that this has anything to do with religious liberty.
PFAW

Alabama Supreme Court Orders Probate Judge to Violate Federal Court Decision

Roy Moore's colleagues seem to share his disdain for the rule of law, as well as the rights of gay and lesbian Alabamans.
PFAW Foundation

Mississippi Judge Striking Down Marriage Ban Explains the Role of Courts

Judge Carlton Reeves explains the importance of the courts while demonstrating how important it is who serves on them.
PFAW Foundation

Did a Nevada Federal Judge Let Personal Beliefs Affect His Marriage Ruling?

Why did the federal district judge who'd upheld Nevada's marriage ban remove himself from the case when the 9th Circuit ordered him to implement its pro-equality decision?
PFAW Foundation

Another Nail in the Coffin for Baker v. Nelson

The Supreme Court's decision not to hear marriage equality appeals may have an important substantive effect on the law.
PFAW Foundation

Supreme Court Action on Marriage Cases Is No Surprise

In last month's Supreme Court Term Preview, PFAW Foundation explained why most Justices might very well want to avoid taking the then-pending marriage cases.
PFAW Foundation