Politics
Gay groups call on court to lift stay on ‘Don’t Ask’ injunction
LGBT groups working to end “Don’t Ask, Don’t Tell” were to set to file briefs with a U.S. appellate court on Monday calling on judges to allow an injunction against enforcing the law to continue.
Log Cabin Republicans was due on Monday to submit a brief to the U.S. Ninth Circuit Court of Appeals in response to a temporary stay the court issued last week. The stay was on an injunction that a lower court issued stopping the enforcement of “Don’t Ask, Don’t Tell.”
The temporary stay means the Defense Department is free to enforce “Don’t Ask, Don’t Tell” and continue to discharge gay, lesbian and bisexual service members until the court makes a decsion on whether or not to continue the stay pending appeal.
In its 22-page brief, Log Cabin argues that the Ninth Circuit should lift its stay on the “Don’t Ask, Don’t Tell” injunction because “American citizens’ Constitutional rights are violated” under the enforcement of the law.
“The emergency stay of injunction that the government requests would perpetuate this unconstitutional state of affairs with no countervailing benefit to the government that outweighs the deprivation of rights such a stay would entail,” Log Cabin states. “The motion does not meet any of the factors for a stay pending appeal, and it should be denied.”
Download a copy of Log Cabin’s brief here.
It’s unclear when the appellate court will make a decision on whether it will make its stay on the injunction permanent as it hears the case. The U.S. Justice Department appealed the case of Log Cabin v. United States to the Ninth Circuit after U.S. District Judge Virginia Phillips struck down the law in her ruling.
Joining Log Cabin Republicans on Monday were several LGBT groups filing friend-of-the-court briefs, including Servicemembers Legal Defense Network, Lambda Legal and Servicemembers United.
In its 16-page brief, SLDN argues that the Ninth Circuit should lift its stay on the “Don’t Ask, Don’t Tell” injunction because continued enforcement of the law is causing “irreparable harm” to gay, lesbian and bisexual service members.
“If the District Court’s judgment is stayed, tens of thousands of interested individuals, namely valuable gay and lesbian members of the armed forces, will continue to be at risk of discharge, and this constitutes substantial and irreparable harm,” SLDN writes. “[Don’t Ask, Don’t Tell’s] violation of the Fifth and First Amendments alone represents irreparable injury.”
Also in its friend-of-the-court brief, SLDN contends that the stay should be lifted because of the public interest in having “a military that conducts itself in accordance with the Constitution.”
SLDN also says the continued enforcement of “Don’t Ask, Don’t Tell” would put in jeopardy the careers of gay, lesbian and bisexual service members whom the organization represents.
One such person noted in the brief is Lt. Col. Victor Fehrenbach, an Air Force pilot who’s served in the U.S. military for 19 years and is now facing discharge under “Don’t Ask, Don’t Tell.”
“If he is discharged as a result of his private, constitutionally protected conduct, Lt. Col. Fehrenbach will lose his job, income, right to a pension, health and life insurance, and all other benefits associated with being an Air Force officer,” SLDN writes. “Lt. Col. Fehrenbach will suffer a stigma from being discharged involuntarily from the military for violating Air Force regulations.”
Download a copy of SLDN’s brief here.
Politics
Trump nominates gay man for Treasury secretary
Hedge fund executive would be the second openly gay cabinet secretary
President-elect Donald Trump nominated openly gay hedge fund executive Scott Bessent as U.S. Treasury secretary on Friday.
Once a prolific donor to Democrats and a protege of liberal billionaire philanthropist George Soros, if confirmed Bessent would be the first LGBTQ official to lead the Treasury Department and the second gay cabinet secretary after Transportation Secretary Pete Buttigieg.
“Trump’s selection of Bessent, who is also openly gay, married, and has two children with his partner, is also a reminder of President Trump’s love and respect for LGBT Americans,” the conservative LGBTQ group Log Cabin Republicans said in a statement.
“Scott Bessent is a terrific choice to become the next Treasury Secretary and the Log Cabin Republicans applaud President Trump for his pick,” the organization wrote. “As one of the most brilliant minds in the financial space and a vocal supporter of President Trump’s economic agenda, Bessent will be a strong asset to help President Trump put America back on the path to financial security and economic prosperity.”
Equality Forum, a national LGBTQ civil rights organization, which oversees LGBT History Month, noted the nomination of Scott Bessent in a press release, writing that he “is highly regarded by the financial community and founder of a global macro investment firm.”
Equality Forum Executive Director Malcolm Lazin added, “If confirmed, Bessent will be the highest ranking openly gay U.S. government official in American history.”
Politics
Karine Jean-Pierre addresses anti-trans bathroom policy targeting Sarah McBride
HRC condemns the effort as ‘cruel’ and ‘discriminatory’
During a briefing on Thursday, White House Press Secretary Karine Jean-Pierre addressed the controversy over House Speaker Mike Johnson’s (R-La.) move to restrict access to single-sex facilities in the U.S. Capitol and House office buildings based on birth gender.
The new policy, which mirrors a proposal introduced by U.S. Rep. Nancy Mace (R-S.C.) on Monday that was supported by other House Republicans including U.S. Rep. Marjorie Taylor Greene (Ga.), comes as Congress prepares to welcome its first trans member, Sarah McBride.
Mace conceded that her bathroom policy was intended to target the Delaware state senator, who will represent the state’s at-large congressional district when she is seated in January.
“When I think about that question, I think about what the congresswoman-elect said,” Jean-Pierre told reporters, referencing a statement issued by McBride on Wednesday. “As you know, the president has a close relationship with and is very proud of her.”
She continued, “And what she said is ‘I’m not here to fight about bathrooms. I’m here to fight for Delawareans and to bring down costs facing families.’ And we agree with her. We think that’s incredibly important: To focus on the American people” and her constituents.
Asked whether President Joe Biden has been in touch with McBride in recent days, Jean-Pierre said, “I don’t have a conversation to speak to,” adding that “as you know” the two spoke when the president made a congratulatory call to McBride on election night.
“He was able to call her and congratulate her,” the press secretary said. “I don’t have anything else to add, but I think her words speak volumes.”
McBride’s statement, published on X, reads in part, “Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them. This effort to distract from the real issues facing this country hasn’t distracted me over the last several days.”
I’m not here to fight about bathrooms. I’m here to fight for Delawareans and to bring down costs facing families. pic.twitter.com/bCuv7pIZBY
— Sarah McBride (@SarahEMcBride) November 20, 2024
Following Johnson’s introduction of the bathroom policy on Wednesday, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade:
“This new cruel and discriminatory policy has nothing to do with helping the American people or addressing their priorities–it’s all about hurting people.
“It targets not just Rep.-elect McBride, but all trans and nonbinary people who work and visit the Capitol — public servants who have been working in the Capitol for years but are now suddenly the subject of cynical political games.
Speaker Johnson has proven yet again that the Republican majority is more focused on culture wars than on the needs of the country.”
Politics
Matt Gaetz withdraws nomination for attorney general
Former congressman was dogged by allegations of sex crimes, illegal drug use
President-elect Donald Trump’s most controversial cabinet nominee so far, former U.S. Rep. Matt Gaetz (R-Fla.), has withdrawn his name from consideration for the role of U.S. attorney general after a week of intense scrutiny over the allegations of sex crimes and illegal drug use that have trailed the former congressman for several years.
Even with a Republican-led U.S. Senate, Gaetz’s path to confirmation was far from certain with senators expressing an interest in seeing the findings of a U.S. House Ethics Committee report about the lawmaker, who resigned from Congress two days before the document was to be made public.
Others, like U.S. Sen. Lisa Murkowski (R-Alaska), called Trump’s attorney general pick unserious or otherwise took issue with his lack of qualifications to lead the Justice Department. Gaetz’s legal experience is limited to a three-year stint at a small law firm in Florida’s Okaloosa County.
“While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance transition,” he said in a statement on X Thursday. “There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as attorney general.”
I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback – and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance…
— Matt Gaetz (@mattgaetz) November 21, 2024
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