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Mormons make case for Utah, Okla. marriage bans

LDS Church joins other religious groups in legal filing before Tenth Circuit

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The Mormon Church filed a brief before the Tenth Circuit in opposition to same-sex marriage (photo from wikimedia by Joe Ravi).

The Mormon Church filed a brief before the Tenth Circuit in opposition to same-sex marriage. (Photo from wikimedia by Joe Ravi)

The Mormon Church joined other major Christian groups on Monday in filing a legal brief supporting bans on same-sex marriage in Utah and Oklahoma, although they rely on a study that authors say shouldn’t be used as evidence against same-sex marriage.

The 53-page document urges the U.S. Tenth Circuit Court of Appeals to uphold bans on same-sex marriage on the argument that children are better off when raised by opposite-sex parents.

“Every child has a father and a mother,” the brief states. “Procreation within a stable male-female marriage gives a child a uniquely full human context that accounts for both the child’s biology and the deeper intentions and commitments of the child’s parents. The male-female ideal in marriage and parenting provides children security and other irreplaceable benefits.”

To bolster this argument, the brief on page 24 relies on a 2002 study from the D.C.-based non-profit Child Trends, titled “Marriage from a Child’s Perspective: How Does Family Structure Affect Children and What Can We Do About It?” The study makes no explicit reference to same-sex marriage.

But anti-gay groups have cited this study before in separate briefs filed before the Supreme Court last year in favor of California’s Proposition 8 and the Defense of Marriage Act — much to the objection of its authors who say their research says nothing about same-sex marriage.

Frank Walter, a spokesperson for Child Trends, reiterated that objection Tuesday in an email to the Washington Blade.

“Child Trends has been diligent in noting that it is inaccurate to make conclusions about the well-being of children being raised in same-sex households based on our study on heterosexual households,” Walter said. “As noted, this was not part of the study. In fact, we made this case in parliamentary hearings on this issue in Ireland when we were alerted that our information was being misrepresented.”

The study was also cited in the legal brief that the state of Utah filed last week before the Tenth Circuit in favor of its ban on same-sex marriage. The research also comes up in at least one other friend-of-the-court brief that was signed by social scientists and Mark Regenrus, who produced a discredited study against same-sex parenting.

Major psychological and family groups have disputed the notion that gay parents aren’t as fit as straight parents in raising children. Last year, the American Academy of Pediatrics came out in support of same-sex marriage.

Walter encouraged experts on the issue to research the issue of same-sex parenting because of the prevalence of LGBT families.

“We do not have data on children in same-sex families but hope research will be done in this area given the significant number of gay and lesbian families raising children,” Walter said.

The brief was filed in two separate cases related to same-sex marriage: one is the case filed against Utah’s ban, known as Kitchen v. Herbert, the other is the case filed against Oklahoma’s ban, known as Bishop v. Smith.

In addition to the LDS Church, other groups listed on the filing are the United States Conference of Catholic Bishops; National Association of Evangelicals; the Ethics & Religious Liberty Commission of the Southern Baptist Convention; and Lutheran Church—Missouri Synod.

The LDS Church is joining others in filing the brief despite an earlier media report from local Salt Lake City affiliate FOX 13 saying the church wouldn’t issue a filing in the case. The church didn’t immediately respond to a request for comment on why it was participating in filing despite this report.

Additionally, the brief cautions the court against striking down marriage bans on the basis that they adhere to the traditional concerns of morality, suggesting they should be upheld on the basis of freedom of religion.

“It follows that subjecting marriage laws and amendments to unusual constitutional scrutiny because they coincide with traditional morality would also raise grave First Amendment concerns,” the brief states. “Though differing religious groups may align on different sides of the marriage issue, judges cannot pronounce the religious beliefs of one set of voters progressive and another ignorant or hateful.”

The brief is along the lines of similar filings that the Mormon Church and other religious groups submitted before the U.S. Supreme Court last year when California’s Proposition 8 and the Defense of Marriage Act were before the court.

But there’s a key difference: even though the earlier filing included other groups, the only law firm in that document was the Salt Lake City-based Kirton & McConkie, which handles legal matters for the LDS church. Now, Anthony Picarello, general counsel for the U.S. Conference of Catholic Bishops, has joined that firm in signing the document before the Tenth Circuit.

Furthermore, the brief disputes the assertion often made by LGBT advocates (and courts) that bans on same-sex marriage were motivated out of animus toward LGBT people — a key consideration in determining the measures are unconstitutional.

“The accusation is false and offensive,” the brief states. “It is intended to suppress rational dialogue and democratic conversation, to win by insult and intimidation rather than by reason, experience, and fact. In truth, we support the husband-wife definition of marriage because we believe it is right and good for children, families, and society.”

John Gustav-Wrathall, senior vice president of the LGBT Mormon group Affirmation, said he concurs with the view the church isn’t motivated by animus in its opposition to same-sex marriage.

“There may be animus within the Mormon population, just as there is in the population at large,” Gustav-Wrathall said. “Some of that animus may fuel fervor for political activism against same-sex marriage. But generally we’ve seen tremendous progress in the understanding of LGBT people and of same-sex relationships in the church within recent years.”

The Mormon Church has been a key opponent of same-sex marriage after taking a lead role in passing Prop 8 in 2008. Although the church, with a few exceptions, largely stayed out the ballot fights in 2012, it was vocal against the legalization of same-sex marriage in Hawaii and has participated in legal cases to defend bans on same-sex marriage.

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Biden administration announces global LGBTQ rights priorities

Homosexuality remains criminalized in upwards of 70 countries

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Cuba, Pride flag, gay news, U.S. Embassy, Washington Blade
The U.S. Embassy in Cuba in 2016 flew the Pride flag in commemoration of the International Day Against Homophobia, Transphobia and Biphobia. State Department spokesperson Ned Price on May 14, 2021, discussed the Biden administration's global LGBTQ rights priorities. (Photo courtesy of the U.S. Embassy in Cuba).

 

State Department spokesperson Ned Price on May 14 said the decriminalization of consensual same-sex sexual relations is one of the five priorities for the Biden administration in its efforts to promote LGBTQ rights abroad.

“The United States over the course of years has made some progress, but neither I, nor I think any objective observer should be satisfied with where we are,” Price told the Washington Blade during a telephone interview. “There’s a lot more work to do.”

President Biden in February signed a memorandum that committed the U.S. to promoting LGBTQ rights abroad. Price told the Blade the decriminalization of homosexuality is “one of the many reasons why” the White House issued it.

“It is one of the many reasons why Secretary Blinken is so focused on this issue as well,” said Price.

Homosexuality remains criminalized in nearly 70 countries around the world.

Saudi Arabia and Iran are among the handful of countries that impose the death penalty upon anyone found guilty of engaging in consensual same-sex sexual relations. Bhutan and Gabon are among the nations that have decriminalized homosexuality in recent years.

The Trump administration in 2019 tapped then-U.S. Ambassador to Germany Richard Grenell to lead a decriminalization initiative. Price declined to tell the Blade whether he feels the campaign was effective.

“Across the board I generally have a posture of not characterizing the last administration,” said Price. “I’ll leave them to speak to their record.”

Migration mitigation efforts must be ‘holistic’

Price told the Blade the Biden administration will also work to protect LGBTQ migrants and asylum seekers.

“When it comes to the (issue of) irregular migration, this is not just a challenge at our border,” he said. “This is fundamentally a challenge that starts in the region and if we are to address the migrant flows that reach our borders, we’re going to have to start in the region and that’s precisely what we’re doing.”

Activists in Honduras, El Salvador, Guatemala and other countries with whom the Blade has spoken say violence and discrimination based on gender identity and sexual orientation are among the factors that prompt LGBTQ people to flee their homes and travel to the U.S.

Price did not say whether any of the $4 billion in aid the Biden administration has pledged to spend in order to help mitigate the causes of migration from Central America’s Northern Triangle will specifically go to LGBTQ rights groups or HIV/AIDS service organizations. Vice President Kamala Harris late last month announced an additional $310 million in aid to “address” what Price described as “the root causes of irregular migration and to provide people with the confidence that they need not undertake the very dangerous journey north to the United States and that they can be confident in their lives in their home countries.”

“Oftentimes that is about economic opportunity, but there are cases in which it has more to do with discrimination and persecution,” Price told the Blade. “And so, we recognize that our approach to addressing those underlying drivers has to be holistic, given there are a range of factors and that’s why we’re working with a variety of groups on the ground and also understanding that marginalized communities, including the LGBTQI community, in the region, that there needs to be meaningful partnership there as well.”

“USAID (U.S. Agency for International Development) is deeply engaged in this work, the State Department is engaged in this work as well and will continue to be, knowing that if we’re going to make progress, if we’re going to address the underlying root causes of irregular migration, we need to attempt to address all of them,” he added.

Price told the Blade the administration’s three other global LGBTQ rights priorities are funding efforts “to protect human rights and to advance nondiscrimination around the world,” respond to anti-LGBTQ human rights abuses and “building coalitions and engaging international organizations in the fight against this discrimination.”

“We have said across the board that one of the pillars of our foreign policy is the recognition that, yes, the United States is the most powerful country on the face of the Earth,” said Price. “We have tremendous sway and influence the world over, but we also recognize that in every challenge in virtually every arena, we will be able to do more, we will be able to be more effective, we’ll be able to be more persuasive and act more decisively when we bring our allies and partners along with us and this administration has put a great deal of emphasis on our alliances, our partnerships, but also those like-minded, as we call them, partners.”

Price added the U.S. recognizes “the values we share with our closest partners in the world are incredibly important.”

“They provide us with a similar framework and a set of priorities on which to act and of course working together to protect, but also to promote the rights of LGBTQ populations around the world,” he told the Blade. “It is a core tenet of what we share with our like-minded allies and partners. You will see us doing this on a bilateral basis. You will see us doing this on a multilateral basis, within blocks and groupings, and also at the U.N. as well. We will seek to press this case in all of those contexts.”

Blinken issues IDAHOBiT statement

Price spoke with the Blade three days before the International Day Against Homophobia, Biphobia and Transphobia, which commemorates the World Health Organization’s 1990 decision to declassify homosexuality as a mental disorder. Blinken on Sunday in a statement acknowledged IDAHOBiT.

“The message of ‘Together: Resisting, Supporting, Healing!’ is especially poignant as this year’s IDAHOTB theme,” said Blinken. “Ending hatred and violence against LGBTQI+ persons requires collaborative action from us all.”

“The United States is doing its part,” he added. “Within the first weeks of his administration, President Biden issued a memorandum instructing all U.S. federal agencies working abroad to ‘ensure that U.S. diplomatic efforts and foreign assistance promote and protect the human rights of LGBTQI+ persons.’ And that important work is well underway.”

Blinken in his IDAHOBiT statement also referenced the same five priorities that Price discussed with the Blade.

“Working together, we can create a world that respects and celebrates the dignity of all individuals,” said Blinken. “It is in partnership that we will achieve our goal of a rights-respecting, inclusive society where no one lives in fear because of who they are or whom they love.”

(Photo courtesy of the International Day Against Homophobia, Biphobia and Transphobia committee)

Blinken in March announced the State Department has disbanded the Commission on Unalienable Rights, a human rights advisory committee his predecessor created that LGBTQ activists sharply criticized.

He announced last month the State Department will once again allow U.S. diplomatic installations to fly the Pride flag. The position of special U.S. envoy for the promotion of LGBTQ rights abroad within the State Department’s Bureau of Democracy, Human Rights and Labor has remained vacant since 2017, but Blinken has pledged to make it an ambassador level post.

The Trump administration in 2018 withdrew from the U.N. Human Rights Council, which in recent years has emerged as a vocal champion of LGBTQ rights around the world. Blinken in February announced the U.S. will “reengage” with it.

Price is the first openly gay State Department spokesperson.

“I know that every time I say something I am speaking on behalf of the Department of State, on behalf of Secretary Blinken, on behalf of the U.S. government, sometimes on behalf of President Biden,” he told the Blade. “I’m not sure what I fully appreciated before actually coming into this job is that I’m actually speaking to the LGBTQ community around the world.”

Price said he received emails and tweets from around the world after the Biden transition team announced his appointment. Price told the Blade that some people were “seemingly in shock,” while others had “some degree of delight that a member of the LGBTQ community would be put in such a public facing role in an American administration.”

“I understand this work is not about me,” Price told the Blade. “I’m never offering my personal opinion, but I think that I’ve come to understand that there is meaning in having an openly gay man in a role like this. There is meaning for the LGBTQ community at home, but especially in this role there is meaning and value attached to having that be the case around the world, and especially around the world where members of the community are routinely and often times systematically persecuted.”

State Department spokesperson Ned Price

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Biden names civil rights veteran to U.S. Education Dept.

Catherine Lhamon’s portfolio will include LGBTQ rights, sexual misconduct, racial discrimination

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Nominee for Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education Catherine Lhamon. (Photo public domain))

The White House announced Thursday that President Joe Biden has nominated Catherine Lhamon to serve as the Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education.

Lhamon currently serves as a Deputy Assistant to the President and Deputy Director of the Domestic Policy Council for Racial Justice and Equity at the White House, where she manages the President’s equity policy portfolio. She is a former attorney for the American Civil Liberties Union, (ACLU) and served as chair of the U.S. Commission on Civil Rights from 2017 to 2021.

She has also served as Legal Affairs Secretary to California Governor Gavin Newsom.

Her portfolio at Education, where she previously served in the same position under former President Barack Obama, will include LGBTQ rights, sexual misconduct and racial discrimination in the nation’s K-12 schools, universities and colleges. Lhamon was Assistant Secretary for Civil Rights at the Department of Education, to which President Obama nominated her and the Senate confirmed her in 2013.

“I am thrilled that President Biden is nominating Catherine Lhamon to serve as Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education. Catherine has devoted her career to ensuring equity is at the core of all her work,” U.S. Secretary of Education Miguel Cardona said in a statement released by his office Thursday.

“She has a strong record of fighting for communities of color and underserved communities, whether as the current Deputy Director of the Domestic Policy Council, the former chair of the U.S. Commission on Civil Rights, or as a civil rights educator at Georgetown University. We are thrilled to have Catherine serving as Assistant Secretary for Civil Rights and know she will continue to fight for fairness, equity, and justice for all of America’s students.”

Lhamon has also litigated civil rights cases at National Center for Youth Law, Public Counsel Law Center, and the ACLU Foundation of Southern California.  Lhamon taught federal civil rights appeals at Georgetown University Law Center in the Appellate Litigation Program and clerked for the Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit.

“Catherine Lhamon is the right choice to lead the Department of Education’s civil rights division at such a critical time for the country and the agency. There is much work to do in order to roll back the harmful policies and legacies of Betsy DeVos, from her attacks on transgender students to her unconscionable revocation of discriminatory discipline guidance and rewrite of Title IX rules,” Adele Kimmel, Director of the Students’ Civil Rights Project at Public Justice told the Blade in an email.

“During her previous tenure in the same job, Catherine embraced equality, enforced Title IX and ensured students had an ally inside the federal government. She will do so again, and the Senate should move to quickly confirm her so she can begin the work of restoring the Department’s commitment to protecting the civil rights and dignity of students and implementing the Biden Administration’s pledge to undo the damage that DeVos has done,” Kimmel added.

Born in Virginia and raised in California, Lhamon graduated from Amherst College and Yale Law School. Lhamon and her husband and two daughters are transitioning between California and Maryland.

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University student becomes first non-binary mayor in Wales

‘Coming out and living my true me is still the best decision I’ve ever made’

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Owen J. Hurcum (Photo courtesy of Instagram)

 

The small city in Gwynedd in northwest Wales holds the distinction of being the oldest city in Wales. Now, it has earned itself a pair of new accolades, the first city in Wales to elect its youngest mayor and in fact to have the first elected non-binary gender queer mayor in the world.

Owen J. Hurcum, a 23-year-old university student, was chosen by their fellow councilors on the city’s governing council to become the mayor. The post, which is mainly ceremonial, acts as a goodwill ambassador for city in Wales and the greater U.K. as well as overseas.

Hurcum, who identifies as genderqueer or agender, told BBC Radio Wales Wednesday it “wasn’t a huge shock” when they were chosen to take up the reins, having served as a Bangor councilor for five years, including one term as the city’s deputy mayor. But they said it was a shock when they were initially asked to put their name forward because fellow councilors felt they would be a good representative for the city.

 

 

Their election to the office has created considerable controversy in some quarters with hateful vitriol being directed at both them and their fellow councilors. On Thursday the mayor tweeted;

“I would quickly like to point out that whilst I do indeed receive regular amounts of hate online, coming out and living my true me is still the best decision I’ve ever made and if you are thinking of doing it yourself, I promise there will be loved ones around to support you”

According to the BBC, they thanked fellow councilors for their support when facing online abuse. Noting that the city may be viewed as hardly the place one would expect to be a bastion of tolerance, they told the BBC;

 
“There was a trepidation because, obviously, local government has this unfair reputation of possibly being old and backwards, and I was worried that those views may come from fellow councilors. But I have had the exact opposite. Every single councilor has been extremely supportive, and the previous mayor has called me when he has seen that I have been getting hate online, and he has said he is there if I need him. It has been really nice.”
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