Connect with us

National

High court hears arguments in LGBT discrimination case

Student group wants to deny gays full participation

Published

on

The issue of whether a religious student organization can deny full participation to LGBT people and maintain eligibility as an official group at a public university came before the U.S. Supreme Court on Monday.

The case of Christian Legal Society v. Martinez came before the high court after the University of California in Hastings denied the Hastings Christian Fellowship status as an official student group on the grounds that it prohibits LGBT people from taking positions within group leadership.

In the 2004 academic year, the school affiliated itself with the Christian Legal Society, which has bylaws saying that officers must abstain from “acts of the sinful nature” that includes “unrepentant participation in or advocacy of a sexually immoral lifestyle,” including homosexual behavior.

Consequently, the group has no right to meet on campus, can’t communicate through the law school’s newsletter or weekly e-mail announcement, and can’t receive school funding. The Hastings Christian Fellowship contends the school’s decision violates the group’s First Amendment rights of association and free speech.

Arguing on behalf of the Christian group before the Supreme Court was Michael McConnell, a law professor at Stanford Law School and former judge for the U.S. Circuit Court of Appeals for the Tenth Circuit. He said that the non-discrimination policy at the law school infringes on the beliefs of chapter members and is a “front assault on freedom of association.”

“A public forum for speech must be open and inclusive, but participants in the argument must be entitled to their own voice,” McConnell said.

He said the policy at the law school would mean that an NAACP chapter would “have to allow a racist skinhead” to participate in board meetings to maintain eligibility as an official school group.

On the other side of the argument and representing the college was Gregory Garre, a partner at the D.C.-based office of Latham & Watkin and a former solicitor general for President George W. Bush.

Garre said the non-discrimination policy the school has in place is neutral and doesn’t target any particular viewpoint or make a distinction between religious and non-religious speech.

“The whole purpose of the policy is to stay out of the argument and have an all-comers policy,” he said.

Garre said similar non-discrimination policies are “not uncommon and reasonable policy” and in place at many colleges, including Georgetown University Law School.

Indicating that LGBT people may in fact be interested in the Hastings Christian Fellowship, Garre noted the record shows that an out lesbian took part in the group’s activities before the group affiliated itself with the national organization.

“The record shows she participated in the discussions,” he said. “The officer of the group said he enjoyed having her there.”

During oral arguments before the Supreme Court, justices volleyed questions at both attorneys on issues ranging from whether the non-discrimination was applied consistently to all college groups to the tradition of giving schools deference in non-discrimination policies.

Associate Justice Antonin Scalia asked several questions about whether the school had been consistently applying its policy to all groups in at the college and whether the standards for the non-discrimination policy had morphed since the lawsuit began.

He said the current policy would allow Democrats to become leaders in a Republican group or allow atheists to conduct Bible classes in a Christian group.

Also expressing concern was Associate Justice Samuel Alito. He questioned whether current policy would enable vehemently anti-Muslim people to take over the leadership of a Muslim group at the school.

But Associate Justice Ruth Bader Ginsburg dismissed the notion that the policy could allow for takeover of some groups, calling such ideas “hypotheticals about sabotage takeover that haven’t happened.” She noted that the law school’s current policy enables diversity.

“Hastings takes the position that it favors diversity not just among the groups, but within the groups,” Ginsburg said.

Also demonstrative some apparent sympathy for the school’s policy was Associate Justice Sonia Sotomayor, who asked whether the policy actually prohibited the group from fulfilling in its mission or meant that the group was being “ostracized or excluded from the school.”

Following the oral arguments, Shannon Minter, legal director for the National Center of Lesbian Rights, told DC Agenda the proceedings went “fantastically well” for the defendants, although he said predicting how justices will rule was difficult.

“They recognized that the policy that’s in front of the court is all-comers policy,” Minter said. “It was just very encouraging that a lot of justices understand that that is, under their existing doctrine, a viewpoint-neutral policy.”

A number of national organizations weighed in both sides of the issue, filing friend-of-the-court briefs with plaintiffs and defendants.

In a statement, Jon Davidson, legal director of Lambda Legal, which filed a brief in support of the law school, said plaintiffs put forth arguments that are substantively ludicrous.

“No one is telling CLS that they can’t shut their doors to whomever they want,” Davidson said. “But they can’t do that if they expect university funds. It’s wrong of them to expect taxpayers and students to pick up the tab for engaging in discrimination against select Hastings’ students.”

Davidson called the lawsuit “another case of an anti-gay group claiming it deserves sympathy when its foot hurts due to kicking gay people in the head.”

But Mat Staver, a prominent social conservative and founder of the Liberty Counsel, said in a statement that the current policy jeopardizes First Amendment rights for the Christian group and potentially others.

“Of all places, one would think a public law school would respect the First Amendment,” he said. “The First Amendment is strong medicine to political correctness. If the government can drive out Christian viewpoints today, it can drive out any viewpoint tomorrow.”

A decision in the case is expected before the end of the current term for the Supreme Court in July.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

State Department

State Department releases annual human rights report

Antony Blinken reiterates criticism of Uganda’s Anti-Homosexuality Act

Published

on

(Photo courtesy of the Library of Congress)

Secretary of State Antony Blinken on Monday once again reiterated his criticism of Uganda’s Anti-Homosexuality Act upon release of the State Department’s annual human rights report.

“This year’s report also captures human rights abuses against members of vulnerable communities,” he told reporters. “In Afghanistan, the Taliban have limited work opportunities for women, shuttered institutions found educating girls, and increasing floggings for women and men accused of, quote, ‘immoral behavior,’ end quote. Uganda passed a draconian and discriminatory Anti-Homosexuality Act, threatening LGBTQI+ individuals with life imprisonment, even death, simply for being with the person they loved.”

Ugandan President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Uganda’s Constitutional Court earlier this month refused to “nullify the Anti-Homosexuality Act in its totality.” More than a dozen Ugandan LGBTQ activists have appealed the ruling.

Clare Byarugaba of Chapter Four Uganda, a Ugandan LGBTQ rights group, on Monday met with National Security Council Chief-of-Staff Curtis Ried. Jay Gilliam, the senior LGBTQI+ coordinator for the U.S. Agency for International Development, in February traveled to Uganda and met with LGBTQ activists who discussed the Anti-Homosexuality Act’s impact. 

“LGBTQI+ activists reported police arrested numerous individuals on the basis of their sexual orientation or gender identity and subjected many to forced anal exams, a medically discredited practice with no evidentiary value that was considered a form of cruel, inhuman, and degrading treatment and could amount to torture,” reads the human rights report.

The report, among other things, also notes Ugandan human rights activists “reported numerous instances of state and non-state actor violence and harassment against LGBTQI+ persons and noted authorities did not adequately investigate the cases.”

Report highlights anti-LGBTQ crackdowns in Ghana, Hungary, Russia

Ghanaian lawmakers on Feb. 28 approved the Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill. The country’s president, Nana Akufo-Addo, has said he will not sign the measure until the Ghanaian Supreme Court rules on whether it is constitutional or not.

The human rights report notes “laws criminalizing consensual same-sex sexual conduct between adults” and “crimes involving violence or threats of violence targeting lesbian, gay, bisexual, transgender, queer or intersex persons” are among the “significant human rights issues” in Ghana. 

The report documents Hungarian Prime Minister Viktor Orbán and members of his right-wing Fidesz party’s continued rhetoric against “gender ideology.” It also notes Russia’s ongoing crackdown against LGBTQ people that includes reports of “state actors committed violence against LGBTQI+ individuals based on their sexual orientation or gender identity, particularly in Chechnya.”

The report specifically notes Russian President Vladimir Putin on July 24 signed a law that bans “legal gender recognition, medical interventions aimed at changing the sex of a person, and gender-affirming care.” It also points out Papua New Guinea is among the countries in which consensual same-sex sexual relations remain criminalized.

The Hungarian Parliament on April 4, 2024. Prime Minister Viktor Orbán and his right-wing Fidesz party in 2023 continued their anti-LGBTQ crackdown. (Washington Blade photo by Michael K. Lavers)

The Cook Islands and Mauritius in decriminalized homosexuality in 2023.

The report notes the Namibia Supreme Court last May ruled the country must recognize same-sex marriages legally performed outside the country. The report also highlights the Indian Supreme Court’s ruling against marriage equality that it issued last October. (It later announced it would consider an appeal of the decision.)

Congress requires the State Department to release a human rights report each year. 

The Biden-Harris administration in 2021 released a memorandum that committed the U.S. to promoting LGBTQ+ and intersex rights abroad.

The full report can be read here.

Continue Reading

National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

Published

on

Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

Continue Reading

Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

Published

on

U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular