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DOJ touts anti-LGBT views, task force at ‘religious freedom’ summit

Sessions accused of ‘undermining LGBTQ rights’

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Attorney General Jeff Sessions announced the creation of a Religious Liberty Task Force. (Washington Blade photo by Michael Key)

A summit at the U.S. Justice Department on Monday ostensibly intended to promote religious freedom,Ā including the creation of a Religious Liberty Task Force, often highlighted efforts to enable anti-LGBT discrimination.

At the summit in the Justice Department’s Great Hall, U.S. Attorney General Jeff Sessions announced the creation of the task force to implement “religious freedom” guidance he issued last year.

“The task force will help the department fully implement our religious liberty guidance by ensuring that all Justice Department components ā€” and we got a lot of components around the country ā€” are upholding that guidance in the cases they bring and defend, the arguments they make in court, the policies and regulations they adopt and how we conduct our operations,” Sessions said.

According to the Justice Department, Sessions will serve as chair of the task force, which will be co-chaired by Acting Associate Attorney General Jesse Panuccio andĀ Associate Attorney General for the Office of Legal Policy Beth Williams.

Sessions said a primary mission of the Religious Liberty Task Force will be ensuring Justice Department employees “know their duty is to accommodate people of faith.”

“This administration is animated by the same American view that has led us for 242 years that every American has a right to believe and worship and exercise their faith in the public square,” Sessions added.

The underlying guidance on which the task force is based seeks to allow individuals and businesses to act in the name of religious freedom ā€” often used as an exercise for anti-LGBT discrimination ā€” without fear of government reprisal. Nowhere in the guidance is there a limiting principle assuring the right to free exercise of religion should be an excuse to engage in anti-LGBT discrimination.

Announcing the new task force, Sessions referenced the Masterpiece Cakeshop case in which a Colorado baker was sued after he refused to make a custom-made wedding cake for a same-sex couple. The U.S. Supreme Court narrowly ruled in his favor based on the facts of his case, citing anti-religion sentiment on the Colorado Civil Rights Commission.

Sessions commended Phillips for having endured an “ordeal faced so gravely,” touting an amicus brief the Justice Department filed on his behalf before the Supreme Court. U.S. Solicitor General Noel Francisco also argued in favor of Phillips before justices in oral arguments.

“Let’s be frank: A dangerous movement, undetected by many, but real, is now challenging and eroding our great tradition of religious freedom,” Sessions said at the start of his remarks. “There can be no doubt, it’s no little matter. It must be confronted intellectually and politically, and defeated.”

LGBT rights supporters said in response to the creation of the Religious Liberty Task Force its purpose was to further the Trump administration’s goal of compromising LGBT rights.

Louise Melling, deputy legal director for the American Civil Liberties Union, said the agenda of the Religious Liberty Task Force “isnā€™t consistent with religious freedom.”

“Religious freedom protects our right to our beliefs, not a right to discriminate or harm others,”Ā Melling said. “Jeff Sessionā€™s Department of Justice is again turning that understanding of religious freedom on its head.”

Lucas Acosta, director of LGBTQ media for the Democratic National Committee, said in a statement the task force is “just the latest assault in this administrationā€™s continued campaign against LGBTQ people and our civil rights.”

ā€œBy creating this task force, Sessions is establishing a unit dedicated to undermining LGBTQ rights and giving anti-LGBTQ far-right extremists like task force head Jesse Panuccio a taxpayer-funded platform to push their anti-equality agenda,”Ā Acosta said. “Rather than ensuring every person has equal protections and opportunities, Sessions is shamefully doubling down on bigotry.”

But the creation of the Religious Liberty Task Force was just one portion of the summit, which also included the voices of participants who urged a commitment to religious freedom to advance anti-LGBT discrimination.

Archbishop of Louisville Joseph Edward Kurtz, who formerly served as president of the U.S. Conference of Catholic Bishops, said religious freedom is facing challenges that amount to “power-seeking for the purpose of imposing one’s will on others.”

Kurtz cited as an example Catholic adoption agencies being “targeted for closure” for refusing to place children with LGBT families out of religious objections.

“One of the biggest concerns is the ability of our child welfare providers to continue to be able to place children with foster and adoptive families consistent with our teaching,” Kurtz said.

Although no government is actively seeking to close Catholic adoption agencies, they have threatened to shut their doors on their own in the wake of the legalization of same-sex marriage because they feel they’ll be forced to place children with gay couples who marry.

As a result, a growing number or states have enacted anti-LGBT adoption laws allowing taxpayer-funded agencies to refuse to place children with LGBT families over religious objections. House Republicans have inserted an amendment in a pending appropriations bill that would penalize states and localities for having policies barring anti-LGBT discrimination among adoption agencies.

Phillips, the owner of Masterpiece Cakeshop, was himself present at the summit and took part in a panel of individuals who say they are facing challenges to their religious freedom.

Moderating his panel was Justice Department spokespersonĀ KerriĀ Kupec, formerly a spokesperson for the anti-LGBT Alliance Defending Freedom. At a time when that term is used as justification for anti-LGBT discrimination,Ā Kupec said in her introduction of the panel religious freedom is often “housed in scare quotes, as if it’s not a real thing, or even worse, a bad thing, which is tragic.”

Much of Kupec’s questioning of Phillips sought to elicit sympathy for him, which meant his act of refusing to make a custom-made wedding cake for a same-sex couple who entered his store was glossed over as he explained his commitment to his religious views.

In addition to refusing to make a same-sex wedding cake, Phillips said his religious beliefs compel him to close on Sundays, refuse to service Halloween celebrations or make cakes with denigrating messages.

“It’s the message of the cake that I evaluate, not the person who ordered the cake,” Phillips said. “In one instance, I had a man who wanted me to make a cake basically telling his boss that he was a jerk, so I wouldn’t do that, but I’ve also had people asked me to do cakes that would disparage gay people, the gay lifestyle, but I wouldn’t do that either because they’re hurtful cakes.”

As the litigation went forward, Phillips said he received death threats as well as a threat over the phone against his daughter. As a result, Phillips said he wouldn’t allow employees to answer the phone at Masterpiece Cakeshop and would only take calls himself.

Noting the U.S. Supreme Court only takes a few select cases each year, Phillips became emotional when he recalled news that justices had agreed to take up his petition after the state of Colorado ruled against him.

Even though the result of the case was narrowly in his favor and didn’t open up a First Amendment right for anti-LGBT discrimination, Phillips said it was worth the effort.

“True tolerance has to be a two-way street,” Phillips said. “We’re thrilled that the United States ruled in our favor, this ruling solidifying religious freedom in our country, but it’s not just for me, it’s for all us, every American should now be able to live and work freely and according to their conscience without fear of punishment from the government.”

Other speakers at the summit expressed concerns about threats to religious minorities in a manner that progressives would likely agree is a threat to religious freedom.

Among them was Harpreet Singh, who works withĀ Muslim, Arab,Ā Sikh, South Asian and Hindu religions on behalf of the Justice Department, andĀ Asma Uddin, senior scholar at the Religious Freedom Center of the Freedom Forum Institute, who talked about anti-Muslim sentiments.

Singh said his agency has found hate crimes against minority religions have been increasing, which he said is substantiated by the Federal Bureau of Investigation’s annual reports and studies from universities, althoughĀ “there’s a lot of underreporting going on.”

But other speakers on the panel railed against efforts to uphold LGBT rights as they face compromise in the name of religious freedom, includingĀ Emilie Kao, director of the Richard & Helen DeVos Center for Religion & Civil Society at the anti-LGBT Heritage Foundation.

Kao was critical of litigation filed by the ACLU against the Michigan law enabling Catholic adoption agencies to refuse placement to LGBT families over religious objections.

Asserting same-sex couples seeking to adopt face no problem in access to adoption, Kao said the plaintiff in the lawsuit drove past four other adoption agencies to reach St. Vincent’s Catholic Charities, which she said “still holds the belief that they should put every child with a mother and father.”

“The lesbian couple says they were personally offended by St. Vincent’s not placing a child with them,” Kao said. “I think it’s important for us to recognize that throughout the history of our country and the Supreme Court’s cases, we have always protected the right of people to follow their religious beliefs, and we’ve never protected the right not to have your feelings hurt.”

Michael McConnell, a law professor at the Constitutional Law Center at Stanford University, warned of the growing compromise that religious liberty faces in the wake of growing “sexual freedom.”

“An extremely popular argument in religious circles has been that religious accommodations are necessarily unconstitutional if they lead to so-called third-party harm,” McConnell said. “If there’s anyone whose rights or interests…are interfered with, that that means the accommodation is simply unconstitutional. To my mind, that’s an extremely implausible argument because virtually every accommodation, and indeed, virtually any application of any constitutional right ā€” free speech, property, due process ā€” there’s always someone on the other side of ledger who’s interests are being harmed.”

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy ā€œthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā€

Moore on Thursday also signed House Bill 1386, which GLSEN notes will ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā 

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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