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NAACP president: Marriage is ‘civil rights issue of our times’

Benjamin Todd Jealous described marriage as the “civil rights issue of our times.”

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NAACP, Benjamin Jealous, gay news, Washington Blade
NAACP, Ben Jealous, gay marriage, gay news, Washington Blade

NAACP President Benjamin Todd Jealous speaks at his organization's national headquarters in Baltimore on Monday. (Washington Blade photo by Michael K. Lavers)

BALTIMORE – The leader of the National Association for the Advancement of Colored People stressed on Monday that his organization’s support of marriage for gays and lesbians is consistent with its broader mission to fight discrimination.

“We make this statement today because it is the legacy and responsibility of the NAACP to speak up on the civil rights issue of our times,” said NAACP President Benjamin Todd Jealous during a press conference at the organization’s national headquarters. “We are both proud of our history and challenged by it—challenged to never allow threats to equality for all people under the law to go uncontested.”

Jealous’ comments came two days after the NAACP Board of Directors endorsed extending marriage rights to same-sex couples during their quarterly meeting in Miami. Jealous became emotional as he discussed his parents who had to get married in the District of Columbia in 1966 because Maryland did not allow interracial marriage—the U.S. Supreme Court struck down this ban in Loving v. Virginia the following year. He noted that Mildred Loving herself spoke out in support of extending marriage rights to same-sex couples before she passed away.

NAACP, Roslyn Brock, same sex marriage, gay news, Washington Blade

NAACP Board of Directors Chair Roslyn M. Brock defends her organization's support of marriage equality in Baltimore on Monday (Washington Blade photo by Michael K. Lavers)

“We want to be on the record that the NAACP now firmly opposes all efforts to restrict marriage equality,” said Jealous. “We will oppose threats to the Fourteenth Amendment guarantee of equal rights under the law in any state where this issue is raised.

Jealous dismissed reports that several board members voted against the marriage resolution. Roslyn Brock, chair of the NAACP National Board of Directors, said members had an “open, honest and candid conversation” about the issue during executive sessions.

“The conversation was dispassionate, it was respectful and it embraced and respected the views of all the members who sat around the table,” she said. “This is not a religious issue or a moral issue for the NAACP. That is not the role of the NAACP. On the constitutionality of the issue, the NAACP’s National Board of Directors voted overwhelmingly to support this issue.”

In spite of this support, Brock conceded that there are board members and other NAACP members whose positions on marriage continue to evolve.

“This conversation is one, as President Jealous has stated, is taking place or has taken place across the nation,” she said. “We will work together with our units and with our board to have the courageous conversations that are necessary around this issue.”

The NAACP’s endorsement of marriage rights to same-sex couples comes less than two weeks after North Carolina voters approved a constitutional amendment that defines marriage as between a man and a woman. Doctor William Barber II, president of the North Carolina NAACP, was among those who spoke out against the ballot measure before it passed by a 61-39 percent margin.

President Barack Obama on May 9 publicly backed the issue for the first time during a White House interview with ABC News’ Robin Roberts.

“For the black community, the president of the United States is as close to Martin Luther King in terms of moral leadership,” said Sharon Lettman-Hicks, executive director of the National Black Justice Coalition, in response to a question about whether Obama’s support of marriage rights for same-sex couples prompted the NAACP’s position. “It’s not just amazing that we have a black president but that he exemplifies exceptional leadership. From a space of cultural connection more than anything else, the president stood up beyond popularity, beyond the norm, beyond status quo and took the courageous step on behalf of the LGBT community that many would have seen as a political risk. I see it as nothing less than courageous leadership.”

Maryland Gov. Martin O’Malley in March signed a bill that will allow same-sex couples to marry, but state voters will likely face a November ballot referendum that would overturn the law that is slated to take effect on Jan. 1.

Fifty-two percent of respondents who participated in a Marylanders for Marriage Equality poll in March said they would vote for the same-sex marriage bill in the likely ballot measure.

Jealous stressed during the press conference that civil rights organizations remain united against the Maryland referendum and other similar measures across the country.

“Ballot measures like that on the ballot here in Maryland are intended to encode discrimination, codify discrimination into law and therefore stand apart from our nation’s recent decades and decades and decades and decades of using its constitution… to expand rights to people,” he said. “This is a cynical attempt to use a state constitution to restrict rights and we will oppose it as we have said in our statement.”

Gerald Stansbury, president of the Maryland State Conference NAACP, told the Blade after the press conference that his affiliate has not “had much discussion” yet on the likely referendum. He suggested, however, that the civil rights organization’s endorsement of marriage rights for same-sex couples will help black voters better understand ballot measure and its potential impact on LGBT Marylanders.

“We’re hoping that Maryland will understand that any person has a right to be protected under the law,” said Stansbury. “This is basically where we’re coming from. We’re supporting the national office and the national NAACP and taking the position that they have this weekend.”

Maryland Del. Mary Washington (D-Baltimore City) also welcomed the NAACP’s position.

“As a life long member, I am encouraged by this historic decision of national NAACP to transform their position which opposed efforts to ban civil recognition of same-sex unions to one which honors and is inclusive of our black LGBT community by supporting the struggle for full marriage equality for same gender loving couples,” she told the Blade. “For those African American people who were on the fence about the issue, the support of the NAACP and our president will help move the conversation forward.

Washington categorized the endorsement as an “important step” that bolsters the efforts of those fighting against the likely referendum. Lettman-Hicks stressed that the NAACP could play a crucial role in organizing opposition to the ballot measure much like it did in North Carolina.

“The same energy that we saw in North Carolina would be monumental to the state of Maryland,” she said. “I hope that the leadership the NAACP showed on the national level will manifest at the same magnitude in Maryland especially since they’re headquartered there.”

Washington conceded these efforts would not have much of an impact among white protestants and Roman Catholics who oppose marriage rights for same-sex couples.

“Our work in those communities should continue more vigorously now than ever before,” she said.

 

 

 

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U.S. Supreme Court

Supreme Court upholds ACA rule that makes PrEP, other preventative care free

Liberal justices joined three conservatives in majority opinion

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The U.S. Supreme Court as composed June 30, 2022, to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, the U.S. Supreme Court)

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.

Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.

The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.

An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.

They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.

Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.

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U.S. Supreme Court

Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons

Mahmoud v. Taylor case comes from Montgomery County, Md.

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.

Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.

Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.

The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”

Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.

PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.

The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.

LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.

The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re not alone.”

“And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved,” she said. “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

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Federal Government

White House finds Calif. violated Title IX by allowing trans athletes in school sports

Education Department threatens ‘imminent enforcement action’

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California Gov. Gavin Newsom (D) (Washington Blade photo by Michael Key)

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.

In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”

The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.

Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.

Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.

This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.

Sports aside, under former President Joe Biden the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.

“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

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