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Trump rescinds transgender student protections

‘A blind and cruel attack on young children’

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President Donald Trump (Blade file photo by Michael Key)

President Donald TrumpĀ has rescinded trans student protections. (Blade file photo by Michael Key)

Much to the dismay of the LGBT advocates who sought to keep guidance barring discrimination against transgender kids in schools, the Trump administration on Wednesday revoked the guidance.

White House Press Secretary Sean Spicer said Wednesday during the daily press briefing a letter rescinding the guidanceĀ would come out that day, reiterating his words from earlier in the week the decision to withdraw the guidance is based on President Trump’s support for states’ rights.

“As far as the conclusion goes, I’ve made this clear and the president’s made it clear throughout the campaign that he’s a firm believer in states’ rights, and that certain issues like this are not best dealt with at the federal level,” Spicer said.

AĀ two-page “Dear Colleague” letter fromĀ the administration to schools indicates the Justice and Education Departments “are withdrawing the statements of policy and guidance” assuring protections for transgender students. Issued in May by those same departments during the Obama administration, the guidance invokes Title IX of the Education Amendments of 1972 to bar schools from discriminating againstĀ transgender kids orĀ denying them access to the restroom consistent with their gender identity.

Citing “significant litigation” against the guidance, the letter cites a U.S. Fourth Circuit Court of Appeals ruling based on the guidance in favor of transgender student Gavin Grimm as well as a decision from U.S. District Judge Reed O’Connor enjoining enforcement of the guidance.

In these circumstances, the Department of Education and the Department of Justice have decided to withdraw and rescind the above-referenced guidance documents in order to further and more completely consider the legal issues involved,” the letter says.Ā “The Departments thus will not rely on the views expressed within them.”

Notably, the letter is slightly different from a draft copy MSNBC published earlier in the day. The draft copy says even with the guidance withdrawn, schools “must ensure that transgender students, like all students, are able to learn in a safe environment,” but the final letter replaces the explicit mention of transgender students with “LGBT students.”

The final letter also adds the Department of Education Office for Civil Rights will continue to “hear all claims of discrimination and will explore every appropriate opportunity to protect all students” and says the administration is “committedĀ to the application of Title IX and other federal laws to ensure such protection.”

The letter is issuedĀ justĀ weeks after the White House declared in a statement Trump is “determined to protect the rights of all Americans, including the LGBTQ community.ā€

J. Bob Alotta, executive director of the Astraea Lesbian Foundation for Justice, condemned the decision to revoke the guidance as an attack on transgender students.

ā€œThese protections were put into place to ensure the safety of transgender students,” Alotta said. “Todayā€™s decision actively harms the people who are most vulnerable to violence and the administration should immediately reverse course. Discrimination doesnā€™t belong in our schools or in our society. Everyone should have the freedom to express their gender identity without fear, retribution or risk of violence.ā€

Major media outlets reported the process leading to the revocation of the guidance was a source of contention. The Washington Post reported the transgender guidance was rescinded over the objections of newly confirmed Education Secretary Betsy DeVos. The Washington Blade has placed a call toĀ the Education Department to verify those objections and determine who overruled her in the decision to overturn the guidance.

According to The New York Times, a fight erupted in the Trump administration over the letter between DeVos and U.S. Attorney General Jeff Sessions, who reportedly pressed the education secretary sign off on the change because he couldn’t go forward without her consent. The order had to come from both the Justice and Education Departments.

Trump sided with Sessions over DeVos, the New York Times reported, and faced with the choice of either resigning or defying the president, DeVos agreed to go along. The order was expected Wednesday, but held up, the Times reported, because the two Cabinet members disputed the final language.

“This is an issue best solved at the state and local level,” DeVos said. “Schools, communities, and families can find ā€“ and in many cases have found ā€“ solutions that protect all students.”

White House Press Secretary Sean Spicer, however, denied there was significant contention among members of the Trump administration, insisting there was “no daylight” between DeVos and Sessions on rescinding the guidance.

“I think where you might be hearing something is more on the timing of stuff,” Spicer said. “The conclusions every person in the administration has agreed upon. There’s no daylight between anybody, between the president, between any of the secretaries.”

Asked to clarify further the education secretary’s position, Spicer said DeVos is “100 percent” in favor rescinding the guidance.

In a statement announcing the guidance, DeVos said she considers “protecting all students, including LGBTQ students” a “key priority” for the Department of Education, but ultimately believes the issue should be left to the states.

The reported view of Sessions in favor of rescinding the guidance is consistent with recent actions from the Justice Department in litigation filed against the guidance by Texas Attorney General Ken Paxton on behalf of 12 states. As a result of the litigation, U.S. District Judge Reed Oā€™Connor issued a preliminary injunction barring the administration from enforcing the guidance nationwide.

Although the Justice Department under the Obama administration filed an appeal with the U.S. Fifth Circuit Court of Appeals seeking along with a request to limit the scope of the injunction to the 12 plaintiff states, a legal brief under Sessions withdraws that second request and declares the Trump administration is ā€œcurrently considering how best to proceed in this appeal.ā€

During the White House briefing, Spicer denied the timing forĀ revoking the guidance meantĀ it was a priority for the president and said the decision is based on the Gloucester County Schools v. G.G. case pending before the Supreme Court. Arguments are set for March 28.

“It’s dictated by that,” Spicer said. “The Obama administration had issued joint guidance from the Department of Education and the Department of Justice. We now have to decide whether or not this administration wants to continue that track that they were on. It’s plain and simple if we don’t.”

Explaining the decision to reverse course, Spicer said a review from the Education and Justice Departments under Trump identified “areas of concern,” such as the interpretation of Title IX to apply to transgender students.

“And so, it’s incumbent upon us to actually follow the law and recognize that Title IX never talked about this; it was an act of 1972,” Spicer said. “There was no discussion of this back then, and to assume certain elements of the law were thought of back then…would be completely preposterous.”

Despite Spicer’s words, a long body of case law ā€” including a determination from the U.S. Equal Employment Opportunity Commission in 2012 and rulings from federal appeals courts as far back as 2000 ā€” have determined the prohibition on sex discrimination in federal civil rights laws like Title IX apply to transgender people. The 1989 U.S. Supreme Court case Price Waterhouse v. Hopkins, which found the law covers not just discrimination on the basis of sex, but also sex stereotyping, formed the basisĀ for those decisions.

Gary McCaleb, senior counsel with Alliance Defending Freedom, was among those cheering Trump for following up on his campaign promise to rescind the guidance.

ā€œThe privacy, safety, and dignity of young students should be the first concern of every local school official across America,” McCaleb said. “The Obama administration radically distorted a federal law that was meant to equalize educational opportunities for women and then forced local officials to intermingle boys and girls within studentsā€™ private facilities like locker rooms, hotel rooms on school trips, and restrooms. The Trump administration would be right to return to the rule of law by rescinding the Obama administrationā€™s misleading guidance.”

The action comes despite calls from transgender advocates to keep the policy in place. On Tuesday, the Human Rights Campaign promoted a letter to Trump signed by more than 1,000 parents of transgender children calling on him to preserve the guidance.

“Like all parents, all we want is for our children to be healthy, safe, and loved,” the letter says. “No young person should wake up in the morning fearful of the school day ahead. When this guidance was issued last year, it provided our families ā€” and other families like our own across the country ā€” with the knowledge and security that our government was determined to protect our children from bullying and discrimination. Please do not take that away from us.”

In the 2015 U.S. Transgender Survey conducted by the National Center for Transgender Equality, more than three-quarters of those who were out or perceived as transgender at some point in kindergarten through high school experienced at that time some from of mistreatment, such as being verbally harassed, prohibited from dressing according to their gender identity, disciplined more harshly, or physically or sexually assaulted.

The survey doesn’t look specifically at the degree to which transgender students were barred from the restroom or locker room consistent with their gender identity. However, the survey found 59 percent of respondents reported in the past year they had avoided using a restroom, such as in public, at work, or at school, because they were afraid of confrontations.

Nearly one-third of the sample avoided drinking or eating so they wouldn’t have to use the restroom, and eight percent reported having a urinary tract infection or kidney-related medical problem as a result of avoiding restrooms.

Chad Griffin, president of the Human Rights Campaign, lambasted Trump for the decision to revoke the guidance in a statement and said it would only serve to harm transgender youth.

ā€œWhat could possibly motivate a blind and cruel attack on young children like this?ā€ Griffin said. ā€œThese transgender students simply want to go to school in the morning without fear of discrimination or harassment. The consequences of this decision will no doubt be heartbreaking. This isnā€™t a ā€˜states rightsā€™ issue, itā€™s a civil rights issue. Children deserve protection from bullying no matter what state they live in. Period.”

Even though the guidance is rescinded, transgender advocates insist transgender students can still sue on their own if they feel they’ve experienced discrimination in schools under the provision of Title IX barring discrimination of the basis of sex. Because of the order from O’Connor, the guidance wasn’t an option for relief anyway.

But the plans could have an impact on pending litigation before the U.S. Supreme Court in which Gavin Grimm, a transgender student in Virginia, is suing his Gloucester County high school to use the restroom consistent with his gender identity. The court accepted the case to evaluate whether courts should defer to the guidance, a point that now seems moot, as well as whether Title IX prohibits schools from barring students from using the restroom consistent with their gender identity.

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Honoring the legacy of New Orleansā€™ 1973 UpStairs Lounge fire

Why the arson attack that killed 32 gay men still resonates 50 years later

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Fifty years ago this week, 32 gay men were killed in an arson attack on the UpStairs Lounge in New Orleans. (Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

On June 23 of last year, I held the microphone as a gay man in the New Orleans City Council Chamber and related a lost piece of queer history to the seven council members. I told this story to disabuse all New Orleanians of the notion that silence and accommodation, in the face of institutional and official failures, are a path to healing.  

The story I related to them began on a typical Sunday night at a second-story bar on the fringe of New Orleansā€™ French Quarter in 1973, where working-class men would gather around a white baby grand piano and belt out the lyrics to a song that was the anthem of their hidden community, ā€œUnited We Standā€ by the Brotherhood of Man. 

ā€œUnited we stand,ā€ the men would sing together, ā€œdivided we fallā€ ā€” the words epitomizing the ethos of their beloved UpStairs Lounge bar, an egalitarian free space that served as a forerunner to todayā€™s queer safe havens. 

Around that piano in the 1970s Deep South, gays and lesbians, white and Black queens, Christians and non-Christians, and even early gender minorities could cast aside the racism, sexism, and homophobia of the times to find acceptance and companionship for a moment. 

For regulars, the UpStairs Lounge was a miracle, a small pocket of acceptance in a broader world where their very identities were illegal. 

On the Sunday night of June 24, 1973, their voices were silenced in a murderous act of arson that claimed 32 lives and still stands as the deadliest fire in New Orleans history ā€” and the worst mass killing of gays in 20th century America. 

As 13 fire companies struggled to douse the inferno, police refused to question the chief suspect, even though gay witnesses identified and brought the soot-covered man to officers idly standing by. This suspect, an internally conflicted gay-for-pay sex worker named Rodger Dale Nunez, had been ejected from the UpStairs Lounge screaming the word “burn” minutes before, but New Orleans police rebuffed the testimony of fire survivors on the street and allowed Nunez to disappear.

As the fire raged, police denigrated the deceased to reporters on the street: ā€œSome thieves hung out there, and you know this was a queer bar.ā€ 

For days afterward, the carnage met with official silence. With no local gay political leaders willing to step forward, national Gay Liberation-era figures like Rev. Troy Perry of the Metropolitan Community Church flew in to ā€œhelp our bereaved brothers and sistersā€ ā€” and shatter officialdomā€™s code of silence. 

Perry broke local taboos by holding a press conference as an openly gay man. ā€œItā€™s high time that you people, in New Orleans, Louisiana, got the message and joined the rest of the Union,ā€ Perry said. 

Two days later, on June 26, 1973, as families hesitated to step forward to identify their kin in the morgue, UpStairs Lounge owner Phil Esteve stood in his badly charred bar, the air still foul with death. He rebuffed attempts by Perry to turn the fire into a call for visibility and progress for homosexuals. 

ā€œThis fire had very little to do with the gay movement or with anything gay,ā€ Esteve told a reporter from The Philadelphia Inquirer. ā€œI do not want my bar or this tragedy to be used to further any of their causes.ā€ 

Conspicuously, no photos of Esteve appeared in coverage of the UpStairs Lounge fire or its aftermath ā€” and the bar owner also remained silent as he witnessed police looting the ashes of his business. 

ā€œPhil said the cash register, juke box, cigarette machine and some wallets had money removed,ā€ recounted Esteveā€™s friend Bob McAnear, a former U.S. Customs officer. ā€œPhil wouldnā€™t report it because, if he did, police would never allow him to operate a bar in New Orleans again.ā€ 

The next day, gay bar owners, incensed at declining gay bar traffic amid an atmosphere of anxiety, confronted Perry at a clandestine meeting. ā€œHow dare you hold your damn news conferences!ā€ one business owner shouted. 

Ignoring calls for gay self-censorship, Perry held a 250-person memorial for the fire victims the following Sunday, July 1, culminating in mourners defiantly marching out the front door of a French Quarter church into waiting news cameras. ā€œReverend Troy Perry awoke several sleeping giants, me being one of them,ā€ recalled Charlene Schneider, a lesbian activist who walked out of that front door with Perry.

(Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

Esteve doubted the UpStairs Lounge storyā€™s capacity to rouse gay political fervor. As the coroner buried four of his former patrons anonymously on the edge of town, Esteve quietly collected at least $25,000 in fire insurance proceeds. Less than a year later, he used the money to open another gay bar called the Post Office, where patrons of the UpStairs Lounge ā€” some with visible burn scars ā€” gathered but were discouraged from singing ā€œUnited We Stand.ā€ 

New Orleans cops neglected to question the chief arson suspect and closed the investigation without answers in late August 1973. Gay elites in the cityā€™s power structure began gaslighting the mourners who marched with Perry into the news cameras, casting suspicion on their memories and re-characterizing their moment of liberation as a stunt. 

When a local gay journalist asked in April 1977, ā€œWhere are the gay activists in New Orleans?,ā€ Esteve responded that there were none, because none were needed. ā€œWe donā€™t feel weā€™re discriminated against,ā€ Esteve said. ā€œNew Orleans gays are different from gays anywhere elseā€¦ Perhaps there is some correlation between the amount of gay activism in other cities and the degree of police harassment.ā€ 

(Photo by H.J. Patterson/Times-Picayune; reprinted with permission)

An attitude of nihilism and disavowal descended upon the memory of the UpStairs Lounge victims, goaded by Esteve and fellow gay entrepreneurs who earned their keep via gay patrons drowning their sorrows each night instead of protesting the injustices that kept them drinking. 

Into the 1980s, the story of the UpStairs Lounge all but vanished from conversation ā€” with the exception of a few sanctuaries for gay political debate such as the local lesbian bar Charleneā€™s, run by the activist Charlene Schneider. 

By 1988, the 15th anniversary of the fire, the UpStairs Lounge narrative comprised little more than a call for better fire codes and indoor sprinklers. UpStairs Lounge survivor Stewart Butler summed it up: ā€œA tragedy that, as far as I know, no good came of.ā€ 

Finally, in 1991, at Stewart Butler and Charlene Schneiderā€™s nudging, the UpStairs Lounge story became aligned with the crusade of liberated gays and lesbians seeking equal rights in Louisiana. The halls of power responded with intermittent progress. The New Orleans City Council, horrified by the story but not yet ready to take its look in the mirror, enacted an anti-discrimination ordinance protecting gays and lesbians in housing, employment, and public accommodations that Dec. 12 ā€” more than 18 years after the fire. 

ā€œI believe the fire was the catalyst for the anger to bring us all to the table,ā€ Schneider told The Times-Picayune, a tacit rebuke to Esteveā€™s strategy of silent accommodation. Even Esteve seemed to change his stance with time, granting a full interview with the first UpStairs Lounge scholar Johnny Townsend sometime around 1989. 

Most of the figures in this historic tale are now deceased. Whatā€™s left is an enduring story that refused to go gently. The story now echoes around the world ā€” a musical about the UpStairs Lounge fire recently played in Tokyo, translating the gay underworld of the 1973 French Quarter for Japanese audiences.

When I finished my presentation to the City Council last June, I looked up to see the seven council members in tears. Unanimously, they approved a resolution acknowledging the historic failures of city leaders in the wake of the UpStairs Lounge fire. 

Council members personally apologized to UpStairs Lounge families and survivors seated in the chamber in a symbolic act that, though it could not bring back those who died, still mattered greatly to those whose pain had been denied, leaving them to grieve alone. At long last, official silence and indifference gave way to heartfelt words of healing. 

The way Americans remember the past is an active, ongoing process. Our collective memory is malleable, but it matters because it speaks volumes about our maturity as a people, how we acknowledge the pastā€™s influence in our lives, and how it shapes the examples we set for our youth. Do we grapple with difficult truths, or do we duck accountability by defaulting to nostalgia and bluster? Or worse, do we simply ignore the past until it fades into a black hole of ignorance and indifference? 

I believe that a factual retelling of the UpStairs Lounge tragedy ā€” and how, 50 years onward, it became known internationally ā€” resonates beyond our current divides. It reminds queer and non-queer Americans that ignoring the past holds back the present, and that silence is no cure for what ails a participatory nation. 

Silence isolates. Silence gaslights and shrouds. It preserves the power structures that scapegoat the disempowered. 

Solidarity, on the other hand, unites. Solidarity illuminates a path forward together. Above all, solidarity transforms the downtrodden into a resounding chorus of citizens ā€” in the spirit of voices who once gathered ā€˜round a white baby grand piano and sang, joyfully and loudly, ā€œUnited We Stand.ā€ 

(Photo by Philip Ames/Times-Picayune; reprinted with permission)

Robert W. Fieseler is a New Orleans-based journalist and the author of ā€œTinderbox: the Untold Story of the Up Stairs Lounge Fire and the Rise of Gay Liberation.ā€

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New Supreme Court term includes critical LGBTQ case with ‘terrifying’ consequences

Business owner seeks to decline services for same-sex weddings

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The U.S. Supreme Court is to set consider the case of 303 Creative, which seeks to refuse design services for same-sex weddings. (Blade file photo by Michael Key)

The U.S. Supreme Court, after a decision overturning Roe v. Wade that still leaves many reeling, is starting a new term with justices slated to revisit the issue of LGBTQ rights.

In 303 Creative v. Elenis, the court will return to the issue of whether or not providers of custom-made goods can refuse service to LGBTQ customers on First Amendment grounds. In this case, the business owner is Lorie Smith, a website designer in Colorado who wants to opt out of providing her graphic design services for same-sex weddings despite the civil rights law in her state.

Jennifer Pizer, acting chief legal officer of Lambda Legal, said in an interview with the Blade, “it’s not too much to say an immeasurably huge amount is at stake” for LGBTQ people depending on the outcome of the case.

“This contrived idea that making custom goods, or offering a custom service, somehow tacitly conveys an endorsement of the person ā€” if that were to be accepted, that would be a profound change in the law,” Pizer said. “And the stakes are very high because there are no practical, obvious, principled ways to limit that kind of an exception, and if the law isn’t clear in this regard, then the people who are at risk of experiencing discrimination have no security, no effective protection by having a non-discrimination laws, because at any moment, as one makes their way through the commercial marketplace, you don’t know whether a particular business person is going to refuse to serve you.”

The upcoming arguments and decision in the 303 Creative case mark a return to LGBTQ rights for the Supreme Court, which had no lawsuit to directly address the issue in its previous term, although many argued the Dobbs decision put LGBTQ rights in peril and threatened access to abortion for LGBTQ people.

And yet, the 303 Creative case is similar to other cases the Supreme Court has previously heard on the providers of services seeking the right to deny services based on First Amendment grounds, such as Masterpiece Cakeshop and Fulton v. City of Philadelphia. In both of those cases, however, the court issued narrow rulings on the facts of litigation, declining to issue sweeping rulings either upholding non-discrimination principles or First Amendment exemptions.

Pizer, who signed one of the friend-of-the-court briefs in opposition to 303 Creative, said the case is “similar in the goals” of the Masterpiece Cakeshop litigation on the basis they both seek exemptions to the same non-discrimination law that governs their business, the Colorado Anti-Discrimination Act, or CADA, and seek “to further the social and political argument that they should be free to refuse same-sex couples or LGBTQ people in particular.”

“So there’s the legal goal, and it connects to the social and political goals and in that sense, it’s the same as Masterpiece,” Pizer said. “And so there are multiple problems with it again, as a legal matter, but also as a social matter, because as with the religion argument, it flows from the idea that having something to do with us is endorsing us.”

One difference: the Masterpiece Cakeshop litigation stemmed from an act of refusal of service after owner, Jack Phillips, declined to make a custom-made wedding cake for a same-sex couple for their upcoming wedding. No act of discrimination in the past, however, is present in the 303 Creative case. The owner seeks to put on her website a disclaimer she won’t provide services for same-sex weddings, signaling an intent to discriminate against same-sex couples rather than having done so.

As such, expect issues of standing ā€” whether or not either party is personally aggrieved and able bring to a lawsuit ā€” to be hashed out in arguments as well as whether the litigation is ripe for review as justices consider the case. It’s not hard to see U.S. Chief Justice John Roberts, who has sought to lead the court to reach less sweeping decisions (sometimes successfully, and sometimes in the Dobbs case not successfully) to push for a decision along these lines.

Another key difference: The 303 Creative case hinges on the argument of freedom of speech as opposed to the two-fold argument of freedom of speech and freedom of religious exercise in the Masterpiece Cakeshop litigation. Although 303 Creative requested in its petition to the Supreme Court review of both issues of speech and religion, justices elected only to take up the issue of free speech in granting a writ of certiorari (or agreement to take up a case). Justices also declined to accept another question in the petition request of review of the 1990 precedent in Smith v. Employment Division, which concluded states can enforce neutral generally applicable laws on citizens with religious objections without violating the First Amendment.

Representing 303 Creative in the lawsuit is Alliance Defending Freedom, a law firm that has sought to undermine civil rights laws for LGBTQ people with litigation seeking exemptions based on the First Amendment, such as the Masterpiece Cakeshop case.

Kristen Waggoner, president of Alliance Defending Freedom, wrote in a Sept. 12 legal brief signed by her and other attorneys that a decision in favor of 303 Creative boils down to a clear-cut violation of the First Amendment.

“Colorado and the United States still contend that CADA only regulates sales transactions,” the brief says. “But their cases do not apply because they involve non-expressive activities: selling BBQ, firing employees, restricting school attendance, limiting club memberships, and providing room access. Coloradoā€™s own cases agree that the government may not use public-accommodation laws to affect a commercial actorā€™s speech.”

Pizer, however, pushed back strongly on the idea a decision in favor of 303 Creative would be as focused as Alliance Defending Freedom purports it would be, arguing it could open the door to widespread discrimination against LGBTQ people.

“One way to put it is art tends to be in the eye of the beholder,” Pizer said. “Is something of a craft, or is it art? I feel like I’m channeling Lily Tomlin. Remember ‘soup and art’? We have had an understanding that whether something is beautiful or not is not the determining factor about whether something is protected as artistic expression. There’s a legal test that recognizes if this is speech, whose speech is it, whose message is it? Would anyone who was hearing the speech or seeing the message understand it to be the message of the customer or of the merchants or craftsmen or business person?”

Despite the implications in the case for LGBTQ rights, 303 Creative may have supporters among LGBTQ people who consider themselves proponents of free speech.

One joint friend-of-the-court brief before the Supreme Court, written by Dale Carpenter, a law professor at Southern Methodist University who’s written in favor of LGBTQ rights, and Eugene Volokh, a First Amendment legal scholar at the University of California, Los Angeles, argues the case is an opportunity to affirm the First Amendment applies to goods and services that are uniquely expressive.

“Distinguishing expressive from non-expressive products in some contexts might be hard, but the Tenth Circuit agreed that Smithā€™s product does not present a hard case,” the brief says. “Yet that court (and Colorado) declined to recognize any exemption for products constituting speech. The Tenth Circuit has effectively recognized a state interest in subjecting the creation of speech itself to antidiscrimination laws.”

Oral arguments in the case aren’t yet set, but may be announced soon. Set to defend the state of Colorado and enforcement of its non-discrimination law in the case is Colorado Solicitor General Eric Reuel Olson. Just this week, the U.S. Supreme Court announced it would grant the request to the U.S. solicitor general to present arguments before the justices on behalf of the Biden administration.

With a 6-3 conservative majority on the court that has recently scrapped the super-precedent guaranteeing the right to abortion, supporters of LGBTQ rights may think the outcome of the case is all but lost, especially amid widespread fears same-sex marriage would be next on the chopping block. After the U.S. Tenth Circuit Court of Appeals ruled against 303 Creative in the lawsuit, the simple action by the Supreme Court to grant review in the lawsuit suggests they are primed to issue a reversal and rule in favor of the company.

Pizer, acknowledging the call to action issued by LGBTQ groups in the aftermath of the Dobbs decision, conceded the current Supreme Court issuing the ruling in this case is “a terrifying prospect,” but cautioned the issue isn’t so much the makeup of the court but whether or not justices will continue down the path of abolishing case law.

“I think the question that we’re facing with respect to all of the cases or at least many of the cases that are in front of the court right now, is whether this court is going to continue on this radical sort of wrecking ball to the edifice of settled law and seemingly a goal of setting up whole new structures of what our basic legal principles are going to be. Are we going to have another term of that?” Pizer said. “And if so, that’s terrifying.”

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Kelley Robinson, a Black, queer woman, named president of Human Rights Campaign

Progressive activist a veteran of Planned Parenthood Action Fund

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Kelley Robinson (Screen capture via HRC YouTube)

Kelley Robinson, a Black, queer woman and veteran of Planned Parenthood Action Fund, is to become the next president of the Human Rights Campaign, the nation’s leading LGBTQ group announced on Tuesday.

Robinson is set to become the ninth president of the Human Rights Campaign after having served as executive director of Planned Parenthood Action Fund and more than 12 years of experience as a leader in the progressive movement. She’ll be the first Black, queer woman to serve in that role.

ā€œIā€™m honored and ready to lead HRC ā€” and our more than three million member-advocates ā€” as we continue working to achieve equality and liberation for all Lesbian, Gay, Bisexual, Transgender, and Queer people,ā€ Robinson said. ā€œThis is a pivotal moment in our movement for equality for LGBTQ+ people. We, particularly our trans and BIPOC communities, are quite literally in the fight for our lives and facing unprecedented threats that seek to destroy us.”

Kelley Robinson IS NAMED as The next human rights Campaign president

The next Human Rights Campaign president is named as Democrats are performing well in polls in the mid-term elections after the U.S. Supreme Court overturned Roe v. Wade, leaving an opening for the LGBTQ group to play a key role amid fears LGBTQ rights are next on the chopping block.

“The overturning of Roe v. Wade reminds us we are just one Supreme Court decision away from losing fundamental freedoms including the freedom to marry, voting rights, and privacy,” Robinson said. “We are facing a generational opportunity to rise to these challenges and create real, sustainable change. I believe that working together this change is possible right now. This next chapter of the Human Rights Campaign is about getting to freedom and liberation without any exceptions ā€” and today I am making a promise and commitment to carry this work forward.ā€

The Human Rights Campaign announces its next president after a nearly year-long search process after the board of directors terminated its former president Alphonso David when he was ensnared in the sexual misconduct scandal that led former New York Gov. Andrew Cuomo to resign. David has denied wrongdoing and filed a lawsuit against the LGBTQ group alleging racial discrimination.

Kelley Robinson, Planned Parenthood, Cathy Chu, SMYAL, Supporting and Mentoring Youth Advocates and Leaders, Amy Nelson, Whitman-Walker Health, Sheroes of the Movement, Mayor's office of GLBT Affairs, gay news, Washington Blade
Kelley Robinson, seen here with Cathy Chu of SMYAL and Amy Nelson of Whitman-Walker Health, is the next Human Rights Campaign president. (Washington Blade photo by Michael Key)
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