Connect with us

Politics

High court upholds Calif. college's non-discrimination policy

Published

on

The U.S. Supreme Court on Monday upheld a non-discrimination policy at a California law school against a legal challenge from a Christian group seeking to discriminate against LGBT people.

In a 5-4 decision, justices determined in the case of Christian Legal Society v. Martinez that a non-discrimination policy protecting LGBT people at the University of California, Hastings College of Law is consistent with the U.S. Constitution.

The Hastings Christian Fellowship at the school sought to overturn Hastings’ non-discrimination policy to maintain its status as an official school group while prohibiting LGBT people from holding positions as officers.

The fellowship contended the school’s policy violated the chapter’s freedom of association and speech under the First Amendment.

But U.S. Associate Justice Ruth Bader Ginsburg — who wrote the majority opinion in the ruling — said the school’s policy is constitutional because it’s “a reasonable, viewpoint-neutral condition on access to the student-organization forum.”

“In requiring CLS — in common with all other student organizations — to choose between welcoming all students and forgoing the benefits of official recognition, we hold, Hastings did not transgress constitutional limitations,” she writes.

Joining Ginsburg in the majority opinion were Associate Justices Anthony Kennedy, Stephen Breyer and Sonia Sotomayor. Associate Justice John Paul Stevens marked his last day on the bench by filing a concurring opinion.

While upholding Hastings’ policy, the court also remanded to the Ninth Circuit Court of Appeals an assertion by the Christian Legal Society that Hastings has been selectively applying its non-discrimination policy.

Associate Justice Samuel Alito filed the dissent. In his opinion, Alito writes that the Supreme Court didn’t properly address the constitutionality of Hastings’ policy and is setting precedent that could stifle free speech.

“Brushing aside inconvenient precedent, the Court arms public educational institutions with a handy weapon for suppressing the speech of unpopular groups,” Alito writes.

Joining Alito in the dissenting opinion were Chief Justice John Roberts as well as Associate Justices Antonin Scalia and Clarence Thomas.

In the majority opinion, Ginsburg notes as an official group, the Christian Legal Society chapter would be entitled to financial assistance from the school derived from mandatory student fees.

She writes current policy in place “ensures that no Hastings student is forced to fund a group that would reject her as a member.”

Additionally, Ginsburg emphasizes that although Hastings may exclude the Christian Legal Society chapter as an official group — or as a registered student organization — the organization still has some capacity to meet and communicate on campus.

“In this case, Hastings offered CLS access to school facilities to conduct meetings and the use of chalkboards and generally available bulletin boards to advertise events,” Ginsburg writes. “Although CLS could not take advantage of RSO-specific methods of communication … the advent of electronic media and social-networking sites reduces the importance of those channels.”

In a statement, Christopher Stoll, senior attorney for the National Center of Lesbian Rights, said the decision “affirmed the longstanding doctrine” that non-discrimination policies don’t “violate free speech when applied in a consistent and even-handed way.”

“The Court rejected the dangerous argument that anti-gay groups must be given a special exemption from non-discrimination policies,” Stoll said.

NCLR was among the groups representing Outlaw, Hastings’ LGBT student group, which intervened to defend Hastings’ nondiscrimination policy.

The Hastings College of Law and the Christian Legal Society didn’t immediately respond to the Blade’s request to comment.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Politics

Trump’s CPAC speech did not target trans community

The former president has led an anti-trans campaign

Published

on

Former President Donald Trump speaks at CPAC on Feb. 24 2024 (Washington Blade photo by Christopher Kane)

NATIONAL HARBOR, Md. — When he took the stage before a packed ballroom at the Conservative Political Action Conference on Saturday, it seemed inevitable that former President Donald Trump would target the transgender community with insults, ridicule and hostile policy pronouncements.

After all, this kind of rhetoric had become a through-line at this year’s convening of Republican lawmakers, pundits, media personalities, electoral candidates, attorneys, activists and government officials — a feature of virtually every speech and panel discussion from Wednesday to Saturday.

And for his part, Trump kicked off his presidential campaign by pledging, in February 2023, to weaponize the federal government against the trans community if he returns to the White House. This came after he unveiled a “Plan to Protect Children from Left-Wing Gender Insanity” and was followed by similar pronouncements from Trump in the months since, as documented by GLAAD.

On Saturday, though, the former president’s speech included scant mention of LGBTQ issues, apart, perhaps, from some oblique references to “woke” public education and attacks on Christianity.

Trump instead addressed a variety of topics over an hour and a half, from attacks on President Joe Biden and the prosecutors who have targeted him with 91 felony counts to diatribes on overseas conflicts and immigration.

The Independent noted several instances in which Trump made untrue or misleading claims onstage, which concerned the number of American troops killed in Afghanistan during his presidency and a supposed electoral fraud scheme in which Californians are being sent multiple ballots.

Continue Reading

Politics

Harris, other political leaders issue statements on Nex Benedict’s death

Nonbinary Okla. teenager died earlier this month

Published

on

Nex Benedict, a 16-year-old nonbinary student from Oklahoma, died on Feb. 8 after a fight at their high school. (Family photo)

Vice President Kamala Harris, White House Press Secretary Karine Jean-Pierre, House Speaker Emerita Nancy Pelosi (D-Calif.), U.S. Rep. Mark Pocan (D-Wis.) and Republican Oklahoma Gov. Kevin Stitt are among the political leaders who have issued statements in recent days about the death of nonbinary teenager Nex Benedict after they were allegedly assaulted in a school bathroom after enduring months of bullying.

The 16-year-old’s death on Feb. 8 sparked outrage and questions about the high school’s response to the altercation, which had occurred the previous day. LGBTQ leaders who include Human Rights Campaign President Kelley Robinson have called for federal investigations by the Justice and Education Departments.

Advocates pointed to the anti-LGBTQ rhetoric and policies, particularly targeting transgender and gender-diverse communities, that have escalated in Oklahoma over the past few years, noting that they tend to increase the incidence of bias-motivated hate violence.

In their statements on X, which offered condolences to those mourning Benedict’s death, the vice president and White House press secretary also pledged solidarity with the LGBTQ community, while Pelosi took aim at “the anti-trans fervor fueled by extreme Republicans” and Pocan — who is gay and chairs the Congressional Equality Caucus — promised to keep fighting for “the dignity that nonbinary and trans Americans deserve. ”

Stitt, who in 2022 signed an anti-trans bill prohibiting students from using public school restrooms that do not match the sex listed on their birth certificates, wrote in his statement that “our hearts go out to Nex’s family, classmates, and the Owasso community. The death of any child in an Oklahoma school is a tragedy — and bullies must be held accountable.”

Continue Reading

Politics

Michael Knowles targets trans people and LGBTQ families in CPAC address

Pundit defended his infamous anti-trans remarks at last year’s event

Published

on

Michael Knowles speaks at CPAC on Feb. 22, 2024. (Washington Blade photo by Michael Key)

NATIONAL HARBOR, Md. – Right-wing commentator Michael Knowles began his speech at the Conservative Political Action Conference on Thursday by briefly addressing the “kerfuffle” over his proclamation during last year’s event that “transgenderism must be eradicated from public life entirely.”

Widely interpreted as a call for violence against transgender people or the trans community, the remarks were denounced at the time by White House Press Secretary Karine Jean-Pierre, who called them “shameful, hateful and dangerous.”

Looking back at the incident, Knowles told the crowd “I stand by the observation that men can’t become women.” The controversy, he said, is evidence that the country “is having an identity crisis” — primarily as a consequence of the “decline of religion in America.”

While “true freedom is a national policy based on what we know in our hearts as morally right,” as ordained by God, Knowles said a worldview that makes space for the recognition of LGBTQ people and their families is based on a “false” notion of freedom that privileges, instead, “liberation from all limits.”

He pointed to same-sex marriage as an example, arguing that marriage does not and cannot include unions between “a couple of men, or a couple of women, or three men and a billy goat, for that matter.”

Additionally, Knowles said, one may not claim the “right” to have a child, because “children are people and no one has a right to another person.” He then veered into criticizing the practice of purchasing “designer babies” on the “open market of the surrogacy industry.”

Medically assisted family planning is a symptom of America’s moral decline that is akin to abortion, Knowles said. “If we have the right to kill babies, surely we have the right to buy and sell them too.”

Knowles argued there are “trade-offs” to understanding freedom as a permission structure to identify oneself outside the cisgender male-female binary, or to build relationships and families that are not centered around heterosexual, procreative unions.

Allowing trans women to use women’s restrooms — or, as he put it, giving “men” the “freedom to use the women’s bathroom,” means that “women lose the freedom to have their own bathrooms.”

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular