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Lesbian judicial nominee confirmed to fed’l court in Michigan

Senate unanimously approves Levy by 97-0 vote

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The U.S. Senate voted to confirm Judith Levy to the federal bench by a 97-0 vote. (Washington Blade file photo by Michael Key)

The U.S. Senate added to the increasing number of openly LGBT people on the federal judiciary Wednesday by confirming an out lesbian by a unanimous vote.

The Senate voted to approve Judith Levy, whom President Obama nominated in July for a seat on the U.S. District Court for the Eastern District of Michigan, by a vote of 97-0 along with other judicial nominees.

D’Arcy Kemnitz, executive director of the LGBT Bar Association, commended the Senate for confirming Levy and for increasing LGBT representation on the federal judiciary.

“Judith Levy will make an incredible addition to Michigan’s judiciary,” Kemnitz said. “LGBT representation in our courts is critical and speaks to the tremendous advocacy and support our community has received.”

Levy, who was approved by the Senate Judiciary Committee in January, has been an assistant U.S. attorney in the Eastern District of Michigan since 2000 and chief of the civil rights unit for that office over the past three years. The American Bar Association gave her a rating of “unanimously qualified.”

According to her questionnaire, Levy has been a member of the Human Rights Campaign from 2001 to present and is board member for DOJ Pride, the affinity group for LGBT employees at the Justice Department. She’ll become the first openly LGBT person to serve on federal court in Michigan.

Shin Inouye, a White House spokesperson, commended the Senate for confirming Levy and said her record will make her an excellent contribution to the federal judiciary.

“The President welcomes the confirmation of Judith Levy,” Inouye said. “She will serve the American people well from the Eastern District of Michigan bench.”

But the Levy confirmation wasn’t the only news on Wednesday related to LGBT judicial nominees. Earlier in the day, Staci Michelle Yandle, nominated for a seat on the U.S. District Court in the Southern District of Illinois, sailed through her confirmation hearing in the Senate Judiciary Committee without opposition from panel members.

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World

Petition urges White House to develop plan to protect LGBTQ Afghans

Taliban regained control of country on Aug. 15

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Two men in Kabul, Afghanistan, in July 2021 (Photo courtesy of Dr. Ahmad Qais Munzahim)

More than 10,000 people have signed a petition that urges the Biden administration to do more to help LGBTQ Afghans who remain in Afghanistan after the Taliban regained control of the country.

The Human Rights Campaign; the Council for Global Equality; Immigration Equality; Rainbow Railroad; the Organization for Refuge, Asylum and Migration and the International Refugee Assistance Project on Friday presented to the White House the petition that urges the administration to adopt “a 10-point action plan … to expedite and ease the refugee and asylum process for LGBTQI Afghans.”

The same six groups last month urged the Biden administration to adopt a plan that would “prioritize the evacuation and resettlement of vulnerable refugee populations, including LGBTQI people, and ensure that any transitory stay in a third country is indeed temporary by expediting refugee processing.” The groups, among other things, asked the White House to “speak out forcefully against human rights abuses by the new Taliban regime and any increased targeting of vulnerable communities, including LGBTQI people, and use existing mechanisms to sanction and hold accountable perpetrators of human rights abuse.”

The Taliban entered Kabul, the Afghan capital, on Aug. 15 and regained control of the country.

A Taliban judge in July said the group would once again execute people if it were to return to power in Afghanistan.

Rainbow Railroad and Immigration Equality are among the other groups that have continued their efforts to evacuate LGBTQ Afghans since American troops completed their withdrawal from the country on Aug. 30. Some of the 50 Afghan human rights activists who Taylor Hirschberg, a researcher at the Columbia Mailman School of Public Health who is also a Hearst Foundation scholar, has been able to help leave the country are LGBTQ.

“We reiterate our call for President Biden to adopt the 10-point policy plan which will expedite and ease the refugee process for LGBTQI Afghans,” said Human Rights Campaign Senior Vice President for Policy and Political Affairs JoDee Winterhof in a press release. “The 10,000+ people who signed our petition have demonstrated that they want the United States, long a beacon of refuge for those fleeing persecution, to take action to protect LGBTQI Afghans—a vulnerable group who risk oppression, even death, simply for who they are or who they love. Now is the time for action.”

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Utah

VIDEO: Utah deal promoted as national model for LGBTQ rights, religious liberty

Data finds state has 2nd highest support for LGBTQ rights

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(Screen capture via YouTube)

A new video from the premier LGBTQ group in Utah, challenging the idea LGBTQ rights must be at odds with religious liberty, promotes an agreement reached in the state as a potential model to achieve a long sought-after update to civil rights law at the federal level.

The video, published Friday by Equality Utah, focuses on a 2015 agreement in Utah between the supporters of LGBTQ rights and the Mormon Church to enact a compromise acceptable to both sides. The agreement by those two sides led to an LGBTQ civil rights law in the state, which has Republican control of the state legislature and the governor’s mansion.

Troy Williams, executive director of Equality Utah, says in the video dialogue is key to achieving meaningful success, whether its among the people of Utah, a state legislature or lawmakers in Congress.

“When you are working with LGBT rights in a state like Utah, and you want to advance legal equality, you can’t do it without working with Republicans, with conservative, with people of faith,” Williams says.

Williams, speaking with the Washington Blade over a Zoom call, said the main audience for the video is people on “the center right and the center left” willing to listen to other side when it comes to LGBTQ rights and religious liberty.

“People that have the courage to reach out to each other, and sit down across from each other and say, ‘Hey look, let’s hammer this out,” Williams said. “That’s who my audience is.”

Not only did Utah enact non-discrimination protections for LGBTQ people, but the state under a Republican governor administratively banned widely discredited conversion therapy for youth. When lawmakers proposed legislation that would ban transgender youth from competing in school sports, the proposal was scuttled when Gov. Spencer Cox (whom Williams called a “super Mormon”) said he’d veto it after it came to his desk.

Marina Gomberg, a former board for Equality Utah, is another voice in the video seeking dispel the narrative religious liberty and LGBTQ rights are in conflict.

“in order to protect LGBTQ people, we don have to deny religious liberty, and in order to provide protections for religious liberties, we don’t have to deny LGBTQ people,” Gomberg says. “The idea that we do is a fallacy that Utah has dismantled.”

In July, new polling demonstrated the surprisingly the Utah, despite being a conservative state, has the second highest percentage of state population in support for non-discrimination protections for LGBTQ people. The data Public Religion Research Institute from 77 percent of Utah residents support LGBTQ people, which is just behind New Hampshire at 81 percent.

Tyler Deaton, senior adviser for the pro-LGBTQ American Unity Fund, said the Utah agreement demonstrates the possibility of reaching an agreement at the federal level once “second order” issues are put into perspective.

“The first order question has to be how are we winning the culture,” Deaton said. “Do people even want to pass the bill? And if they do, you then figure out the details.”

The American Unity Fund has helped promote as a path forward for LGBTQ non-discrimination at the federal level the Fairness for For All Act, legislation seeking to reach a middle ground on LGBTQ rights and religious freedom. Polling earlier this year found 57 percent of the American public back a bipartisan solution in Congress to advance LGBTQ civil rights.

Supporters of the Equality Act, the more established vehicle for LGBTQ rights before Congress, say the Fairness for For All Act would give too many carve-out for LGBTQ rights in the name of religious freedom. The Equality Act, however, is all but dead in Congress and has shown no movement in the U.S. Senate.

Skeptics of the Utah law would point out the law doesn’t address public accommodations, one of the more challenging aspects in the fight for LGBTQ rights and one or remaining gaps in civil rights protections for LGBTQ people in the aftermath of the U.S. Supreme Court’s decision last year in Bostock v. Clayton County. As a result, it’s perfectly legal in Utah for a business owner to discriminate against LGBTQ coming as patrons.

Williams, however, shrugged off the idea the lack of public accommodations protections in Utah make the agreement in the state makes it any less of a model, making the case the spirit behind the deal is what matters.

“I think copying and pasting Utah’s law doesn’t work for lots of reasons,” Wililams said. “What’s most important is a model of collaboration because when you are sitting around the table with each other — Democrats and Republicans, LGBTQ people and people of faith — that’s when the transformation happens. That is when the mutual respect is really forged.”

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Local

Youngkin reiterates opposition to marriage equality

Va. gubernatorial candidate says issue ‘legally acceptable’ in state

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(Photo courtesy of Twitter)

Glenn Youngkin in an interview with the Associated Press has reiterated his opposition to marriage rights for same-sex couples.

Youngkin—a Republican who is running against Democrat Terry McAuliffe to succeed Virginia Gov. Ralph Northam—said in an interview published on Friday that he feels “called to love everyone.” Youngkin then reiterated his opposition to marriage equality before he added it is “legally acceptable” in the state.

“I, as governor, will support that,” Youngkin told the AP.

McAuliffe was Virginia’s governor from 2014-2018.

Same-sex couples began to legally marry in Virginia a few months after McAuliffe took office.

McAuliffe in 2014 became the first governor of a Southern state to officiate a same-sex wedding. The lesbian couple who McAuliffe married recently appeared in one of his campaign ads.

McAuliffe on Friday criticized Youngkin. “As governor, I worked my heart out to keep Virginia open and welcoming to all,” said McAuliffe in a tweet. “This type of bigotry and intolerance has no place in our commonwealth.”

The anti-LGBTQ Family Research Council, which the Southern Poverty Law Center has categorized as an extremist group, earlier this month endorsed Youngkin, but Log Cabin Republicans are among the groups that have backed his campaign. The Human Rights Campaign in 2019 named Youngkin’s former company, the Carlyle Group, as a “Best Place to Work for LGBTQ Equality” in its annual Corporate Equality Index.

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