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Spicer hints at coming action on anti-LGBT ‘religious freedom’ order

Trump transition official says directive being redrafted and coming soon

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Sean Spicer, gay news, Washington Blade

White House Press Secretary Sean Spicer says he expects something on a “religious freedom” executive order.

Amid renewed concerns President Trump would sign a “religious order” undermining LGBT rights, White House Press Secretary Sean Spicer said Monday he expects the administration would soon “have something.”

Spicer made the remarks in response to a question from the Daily Signal, an arm of the anti-LGBT Heritage Foundation, on whether the order is still coming and whether it would extend beyond the Johnson Amendment, a law Trump has pledged to repeal barring churches from making political endorsements.

“I think we’ve discussed executive orders in the past, and for the most part, we’re not going to get into discussing what may or may not come until we’re ready to announce it,” Spicer replied. “So, I’m sure as we move forward we’ll have something.”

It wasn’t immediately clear whether the “something” to which Spicer was referring was an actual executive order or a statement on a policy position for the way forward.

Although Trump initially passed up the opportunity to sign a proposed anti-LGBT “religious freedom” executive order at the time of the National Prayer Breakfast during the start of the administration, a recent report in The Huffington Post raised concerns a different order will come soon.

The report quotes Ken Blackwell, a senior fellow at the anti-LGBT Family Research Council who oversaw domestic policy for the Trump transition team, from an interview he had with Sirius XM’s Michelangelo Signorile in which Blackwell says the order is being redrafted and on the way.

“In the final analysis, what we want is an executive order that will meet the scrutiny of the judicial process,” Blackwell is quoted as saying. “If there is no executive order, that will disappoint [social conservatives]. But a good executive order will not. So we’re still in the process.”

Blackwell reportedly said the former director of Family Research Council’s Center for Religious Liberty, Ken Klukowski, had “actually structured” the initial draft order as a legal adviser to Trump’s transition team and is now one of the lawyers “in the process of redrafting it.” Klukowski is now a senior attorney at the Liberty First Institute and a contributor to Breitbart, a conservative website.

The “anchor concept” of the order, Blackwell is quoted as saying, is a directive allowing people in the course of business to refuse services to LGBT people out of religious objections.

“I think small business owners who hold a religious belief that traditional marriage is between one man and one woman should not have their religious liberty trampled upon,” he explained. “I would imagine that that will be, strongly and clearly, the anchor concept [of the order].”

No federal law prohibits discrimination in public accommodations on the basis of gender, sexual orientation or gender identity and an executive order like this would send a signal to individuals they should feel free to discriminate. A federal “religious freedom” executive order wouldn’t preempt state laws barring anti-LGBT discrimination.

Klukowski is also quoted in the Huffington Post article as saying he’s “not at liberty to speak about” the order specifically, but nonetheless expressed confidence Trump would act to protect religious freedom both through judicial appointments and possibly administrative actions.

“And I’m confident,” Klukowski reportedly said, “that the president is showing ― much to the shock of many establishment people who said, ‘There’s no way this’ll happen’ ― that he keeps his promises, even when they’re things that an establishment player would never do. And I’m confident that he’s going to keep his promise when it comes to protection of religious liberty as well.”

Last month, a draft executive order began circulating among federal advocacy groups that would allow persons and religious organizations — broadly defined to include for-profit companies — to discriminate on the basis of religious objections to same-sex marriage, premarital sex, abortion and transgender identity.

At the time, the White House downplayed the draft executive order and said Trump wouldn’t sign it — at least for the time being. Media reports circulated that Ivanka Trump and Jared Kuskner convinced Trump not to sign the “religious freedom” order and the president wasn’t ever seriously considering doing so.

The White House issued a statement saying Trump would preserve the Obama-era order against workplace discrimination among federal contractors and is “respectful and supportive of LGBTQ rights.” That pledge of support was undermined after the administration later rescinded guidance protecting transgender students from discrimination at schools.

Olivia Dalton, the Human Rights Campaign’s senior vice president for communications and marketing, said renewed plans for an anti-LGBT “religious freedom” order shouldn’t come as a surprise.

“Donald Trump and Mike Pence have repeatedly threatened the LGBTQ community, and by their own admission this ‘license to discriminate’ order has been circulating for weeks,” Dalton said. “No one should be surprised — their despicable attack on transgender kids last week showed just how low they’re willing to go.”

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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Hungary

JD Vance to travel to Hungary next week

Country’s elections to take place on April 12

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Vice President JD Vance speaks at CPAC on Feb. 20, 2024. He and his wife, Usha Vance, will travel to Hungary next week. (Washington Blade photo by Michael Key)

Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.

An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.

JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”

The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.

Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.

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The White House

Pam Bondi ousted as attorney general

Donald Trump announced firing on Thursday

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Now former U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

President Donald Trump removed Attorney General Pam Bondi from her post Thursday, following growing criticism over how she and the Department of Justice handled a range of issues, including matters related to sex offender and Trump ally Jeffrey Epstein.

Trump announced Bondi’s removal on Truth Social, where he also said Todd Blanche will serve as acting head of the Justice Department.

“Pam Bondi is a great American patriot and a loyal friend, who faithfully served as my attorney general over the past year,” Trump wrote on the platform. “Pam did a tremendous job overseeing a massive crackdown on crime across our country, with murders plummeting to their lowest level since 1900.”

Trump was seen as recently as Wednesday with the now-former attorney general at a Supreme Court hearing on citizenship.

The decision contrasts with Trump’s previous public praise of Bondi, the 87th U.S. attorney general and former 37th attorney general of Florida, who served in that role from 2011-2019 before joining the Trump-Vance administration. He has frequently lauded her loyalty and said he speaks with her often. Bondi was also one of president’s defense lawyers during his first impeachment trial.

Privately, however, Trump had grown frustrated that Bondi was not “moving quickly enough” to prosecute critics and political adversaries he wanted to face criminal charges, according to multiple sources. The New York Times reported that her inability to charge former FBI Director James B. Comey and New York Attorney General Letitia James with any crimes is a large factor in the president’s choice to fire her from the government’s primary law enforcement agency.

The move comes as Trump has sought to minimize public turmoil within his administration, avoiding the perception of a revolving-door Cabinet that defined his first term.

Lee Zeldin, a former Republican congressman from New York who unsuccessfully ran for governor, has emerged as a leading contender to lead the Justice Department. He has been one of Trump’s most reliable allies.

“He’s our secret weapon,” Trump said of Zeldin in February during a White House event promoting the coal industry, adding, “He’s getting those approvals done in record-setting time.”

Bondi has also growing faced scrutiny from Congress.

The House Oversight Committee recently subpoenaed her to testify about the department’s handling of certain files, where she declined to answer key questions during a contentious House Judiciary Committee hearing in February.

The Tampa native has a long history of opposing LGBTQ rights through her roles in government. As Florida attorney general, she fought against the legalization of same-sex marriage, arguing it would cause “serious public harm,” pushing forward a legal battle that cost taxpayers nearly half a million dollars. She also asked the Florida Supreme Court to overturn a lower court ruling that found the state’s same-sex marriage ban unconstitutional.

More recently, Bondi established a “Title IX Special Investigations Team” within the Justice Department focused on restricting transgender women and girls from participating in women’s and girls’ sports teams and accessing facilities aligned with their gender identity. She also told Children’s Hospital of Philadelphia to turn over the medical records of anyone under 19 who received gender-affirming care.

Her removal follows Trump’s decision last month to oust another controversial female Cabinet figure, Kristi Noem.

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