News
It’s official: Senate confirms Brett Kavanaugh to Supreme Court
Vote narrowest in history for seating of justice to high court
With Vice President Mike Pence presiding over the chamber in case his constitutional duty to break tie votes was required, the Senate voted 50-48 to confirm Kavanaugh.
The Senate confirmed Kavanaugh despite multiple allegations the nominee committed sexual assault. Christine Blasey Ford testified before the Senate a teenaged Kavanaugh sexually assaulted her in 1982 when she was 15 years old. Kavanaugh also faced accusations of perjury based on his testimony, including his assertion the meaning of “Devil’s Triangle” and “boofed” in his high school yearbook entry weren’t sexually related terms.
Other critics said his response to the accusations in his testimony before the Senate, including an assertion it was a result of “revenge of the Clintons,” demonstrated a lack of judicial temperament and made him unfit for the Supreme Court.
The vote was largely along party lines, although Sen. Joe Manchin (D-W-Va.) broke with Democrats to vote in favor of nomination. Sen. Lisa Murkowski (R-Alaska) came out against Kavanaugh’s confirmation, but voted “present” on the confirmation vote in the spirit of comity because Sen. Steve Daines (R-Mont.) absent because he was attending his daughter’s wedding.
Sen. Susan Collins (R-Maine), a supporter of LGBT rights who was a champion of “Don’t Ask, Don’t Tell” and the Employment Non-Discrimination Act, was thought to be a potential “no” vote on Kavanaugh, but declared her support for the nominee Friday.
The margin was the narrowest ever in history for the confirmation of a justice to the Supreme Court, beating the 52-48 vote in 1991 to confirm U.S. Associate Justice Clarence Thomas.
Raj Shah, a White House spokesperson, said in a statement the Trump administration would waste no time in seating Kavanaugh and arrange his swearing-in the day of his confirmation vote.
āThe White House applauds the Senate for confirming President Trumpās nominee Judge Brett Kavanaugh to the Supreme Court,” Shah said. “Later today, the President will sign his commission of appointment and he will be officially sworn in.ā
According to the Associated Press, U.S. Chief Justice John Roberts and former U.S. Associate Justice Anthony Kennedy would swear in Kavanaugh to the Supreme Court.
Progressive and LGBT groups, who opposed Kavanaugh since he was nominated out of fears he’d rollback LGBT rights and overturn Roe v. Wade, were indignant over the Senate approving his nomination.
Shannon Minter, legal director for the National Center for Lesbian Rights, said in a statement the confirmation was “a slap in the face to women and all sexual assault survivors.”
“It is also a blow to the legitimacy of the Supreme Court,” Minter said. “Kavanaughās belligerence and hyperpartisan attacks at last weekās hearing do not reflect the temperament or impartiality required for a lifetime appointment to our nationās highest court.”
Kavanaugh now takes the seat on the Supreme Court formerly occupied by Kennedy, who was known as a moderate, dwing justice and wrote four major milestone decisions in favor of gay rights, including the 2015 ruling for marriage equality nationwide.
During his time as a judge on the U.S. Circuit Court of Appeals for the Federal Circuit, Kavanaugh wasn’t asked to deliver any rulings on LGBT rights. However, his inclusion on Trump’s list of potential Supreme Court nominees, chosen by the Federalist Society and the Heritage Foundation, cast doubt he would the interpret the law favorably for LGBT rights.
Stan Sloan, CEO of the Family Equality Council, articulated in a statement the concerns felt by LGBT rights supporters over Kavanaugh’s confirmation.
āToday, we recognize the deep disappointment and fear many Americans are feeling, and acknowledge the specific fears of the LGBTQ community as the Justice joining the Supreme Court has a record that indicates he would undercut our rights, uphold discrimination against our community, and allow President Trumpās anti-LGBTQ agenda to withstand judicial scrutiny,” Sloan said.
Many LGBT right supporters have raised concerns Kavanaugh will be the deciding vote reversing Kennedy’s landmark decisions on LGBT rights, including the decision for marriage equality nationwide. Kavanaugh’s responses on LGBT rights during his confirmation hearing left LGBT legal experts wholly unsatisfied.
The chances of reversing Obergefell three years after the court issued the decision may be slim, but marriage equality is but one issue Kavanaugh could face as a justice. Other LGBT-related cases that may come to Supreme Court with Kavanaugh on the bench including litigation challenging President Trumpās transgender military ban, whether federal civil laws against sex discrimination applies to LGBT people and whether āreligious freedomā affords a right for individuals and businesses to discriminate against LGBT people.
Mara Keisling, executive director of the National Center for Transgender Equality, said in a statement the confirmation was a “moral failure” on the part of the Senate.
“Justice Kavanaugh is a direct threat to the well-being of 2 million transgender people, and his confirmation is an insult to the millions of people who have survived sexual assault,” Keisling said. “Every time the Supreme Court strips more rights away, survivors will receive a painful reminder that decisions about their lives are being made by people who have been credibly accused of sexual assault.”
With Kavanaugh seated, many progressives are hoping outrage over the confirmation will contribute to the energy driving an expected “blue” wave at the polls in the upcoming congressional mid-term elections. However, new signs have indicated the Kavanaugh confirmation process has also generated a backlash among Republican voters, who are now telling pollsters they’re also energized.
Chad Griffin, president of the Human Rights Campaign, said in a statement the “harmful consequences of the Senateās decision to support Brett Kavanaugh will last decades” and urged voters to make their objections heard at the polls.
“In the wake of this news, there is only one course of action,” Griffin said. “The millions of Americans who have fought a valiant struggle against this Trump-Pence nominee must make their voices heard in November and beyond by electing lawmakers who will stand up for our rights rather than sell us out.ā
Kavanaugh may not be out of the woods even though he was confirmed to the Supreme Court. Rep. Jerrold Nadler (D-N.Y.), top Democrat on the House Judiciary Committee, has indicated a Democratic majority in the House would further investigate sexual assault and perjury allegations against Kavanaugh, which could result in impeachment proceedings.
Sarah Kate Ellis, CEO of GLAAD, said in a statement voters should head to the polls to November to contain and reverse the Kavanaugh confirmation and the Trump administration.
āBrett Kavanaugh has been granted the opportunity to ensconce President Trump and Vice President Penceās hate-fueled anti-LGBTQ agenda on the nationās top court for decades to come, threatening the hard-won rights of women, LGBTQ people, immigrants, and all vulnerable people,ā Ellis said. āWe must turn our attention to the ballot box in November to protect and preserve our most deeply held American values, and resist the tyranny of the Trump Administration.ā
Congress
Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth
Bill is backed by Democrats in both chambers
U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.
āAccessing mental health care and support has become increasingly difficult in nearly every state in the country,āĀ said Butler, who is the first Black LGBTQ senator. āBarriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”
“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.
āMental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.āĀ
The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”
For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.
Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.
Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.
Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.
District of Columbia
D.C. mayorĀ honors 10th anniversary of Team Rayceen Productions
LGBTQ entertainment, advocacy organization praised for āvital workā
D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.
āWhereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,ā the proclamation states.
The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for āBlack LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.ā
It also praises Team Rayceen Productions for its partnership with the Mayorās Office of LGBTQ Affairs in helping to produce āexciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.ā
āWhereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,ā the proclamation continues.
āNow, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,ā it concludes.
āWe thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,ā Team Rayceen Productions says in a statement. āStarting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayorās Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nationās Capital,ā the statement says.
“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade ā as online co-hosts, event staff, performers, DJs, photographers, and more,ā says the statement.
U.S. Supreme Court
Supreme Court declines to hear case over drag show at Texas university
Students argue First Amendment protects performance
The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.
The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.
When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.
The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows āderisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”
The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that āit is not clearly established that all drag shows are inherently expressive.”
Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on ātext, history and tradition.”
Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.
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