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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.

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

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

The ā€œanchor conceptā€ 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.

ā€œI 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,ā€ he explained. ā€œI would imagine that that will be, strongly and clearly, the anchor concept [of the order].ā€

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 ā€œnot at liberty to speak aboutā€ the order specifically, but nonetheless expressed confidence Trump would act to protect religious freedom both through judicial appointments and possibly administrative actions.

ā€œAnd I’m confident,ā€ Klukowski reportedly said, ā€œthat the president is showing ― much to the shock of many establishment people who said, ā€˜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.ā€

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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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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U.S. Supreme Court

US Supreme Court rules Idaho to enforce gender care ban

House Bill 71 signed in 2023

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U.S. Supreme Court (Washington Blade photo by Michael Key)

BY MIA MALDONADO | The U.S. Supreme Court has allowed Idaho to enforce House Bill 71, a law banning Idaho youth from receiving gender-affirming care medications and surgeries.

In an opinion issued Monday, the U.S. Supreme Court granted the state of Idaho’s request to stay the preliminary injunction, which blocked the law from taking effect. This means the preliminary injunction now only applies to the plaintiffs involved in Poe v. Labrador ā€” a lawsuit brought on by the families of two transgender teens in Idaho who seek gender-affirming care. 

Monday’s Supreme Court decision enforces the gender-affirming care ban for all other trans youth in Idaho as the lawsuitĀ remains ongoing in the Ninth Circuit Court of Appeals.

Idaho Attorney General RaĆŗl Labrador
Idaho Attorney General RaĆŗl Labrador gives a speech at the Idaho GOP election night watch party at the Grove Hotel in Boise, Idaho, on Nov. 8, 2022. (Otto Kitsinger for Idaho Capital Sun)

The American Civil Liberties Union and the ACLU of Idaho, both of whom represent the plaintiffs, said in a press release Monday that the ruling ā€œdoes not touch upon the constitutionalityā€ of HB 71. The groups called Monday’s ruling an ā€œawful resultā€ for trans Idaho youth and their families.

ā€œToday’s ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption,ā€ the organizations said in the press release. ā€œNonetheless, today’s result only leaves us all the more determined to defeat this law in the courts entirely, making Idaho a safer state to raise every family.ā€

Idaho Attorney General RaĆŗl Labrador in a press release said the state has a duty to protect and support all children, and that he is proud of the state’s legal stance. 

ā€œThose suffering from gender dysphoria deserve love, support and medical care rooted in biological reality,ā€ Labrador said. ā€œDenying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and I’m grateful that we, as the state, have the power — and duty — to protect them.ā€

Recap of Idaho’s HB 71, and what led to SCOTUS opinion

Monday’s Supreme Court decision traces back to when HB 71 was signed into law in April 2023.

The law makes it a felony punishable for up to 10 years for doctors to provide surgeries, puberty-blockers and hormones to trans people under the age of 18. However, gender-affirming surgeries are not and were not performed among Idaho adults or youth before the bill was signed into law, the Idaho Capital Sun previously reported

One month afterĀ it was signed into law, the families of two trans teens sued the state in a lawsuit alleging the bill violates the 14th Amendment’s guarantee of equal protection under the law.

In late December, just days before the law was set to take effect in the new year, U.S. District Judge B. Lynn Winmill blocked the law from taking effect under a preliminary injunction. In his decision, he said he found the families likely to succeed in their challenge.

The state of Idaho responded by appealing the district court’s preliminary injunction decision to the Ninth Circuit, to which the Ninth Circuit denied. The state of Idaho argued the court should at least enforce the ban for everyone except for the plaintiffs. 

After the Ninth Circuit’s denial, the Idaho Attorney General’s Office in February sent an emergency motion to the U.S. Supreme Court, the Idaho Press reported. Monday’s U.S. Supreme Court decision agrees with the state’s request to enforce its ban on trans health care for minors, except for the two plaintiffs.

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Mia Maldonado

Mia Maldonado joined the Idaho Capital Sun after working as a breaking news reporter at the Idaho Statesman covering stories related to crime, education, growth and politics. She previously interned at the Idaho Capital Sun through the Voces Internship of Idaho, an equity-driven program for young Latinos to work in Idaho news. Born and raised in Coeur d’Alene, Mia moved to the Treasure Valley for college where she graduated from the College of Idaho with a bachelor’s degree in Spanish and international political economy.

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The preceding piece was previously published by the Idaho Capital Sun and is republished with permission.

The Idaho Capital Sun is the Gem State’s newest nonprofit news organization delivering accountability journalism on state politics, health care, tax policy, the environment and more.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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District of Columbia

Reenactment of first gay rights picket at White House set for April 17

Event marks 59th anniversary of historic push for gay rights in nation’s capital

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Lilli Vincenz was among the original 1965 White House picketers. (Blade file photo by Michael Key)

D.C.’s Rainbow History Project announced it will hold a reenactment on Wednesday, April 17, of the historic first protest for gay rights in the form of a picket line in front of the White House that took place on that same day in 1965.

In a statement released last week, Rainbow History Project says the reenactment will mark the 59th anniversary of an event that is credited with bringing attention for the first time to the federal government’s longstanding discrimination against a minority group referred to then as homosexuals or gays and lesbians.

The statement notes that the 1965 event was organized by the Mattachine Society of Washington, D.C., the first politically active LGBT organization in the nation’s capital founded by local gay rights pioneer Frank Kameny.

ā€œThe picket took place on the White House sidewalk, Lafayette Park, 1600 Pennsylvania Ave., on April 17, 1965,ā€  the statement says. ā€œFor exactly one hour, from 4:20 p.m. to 5:20 p.m., members of the Mattachine Society of Washington walked in a circle, non-stop, in silence, carrying posters of their demands,ā€ the statement continues.

ā€œThe White House picket is the origin story for public demonstrations for gay rights in the U.S., and the origin story for Pride Marches and the annual LGBTQ Pride celebrations which occur across the globe,ā€ according to the statement.

It says those picketing in the April 1965 event, which included Kameny and longtime local D.C.-area lesbian activist Lilli Vincenz, both of whom held doctorate degrees, called on the government to adopt the Mattachine Society of Washington’s four major demands: an end to the exclusion of homosexuals from federal government employment; an end to the ban on gays and lesbians from serving in the U.S. military; an end to the ā€œblanket denialā€ of security clearances for gay people; and an end to the ā€œgovernment refusal to meet with the LGBTQ community.’

Among those who chose not to respond to the request for a meeting was President Lyndon B. Johnson, who occupied the White House at the time of the 1965 picketing.

Vincent Slatt, the Rainbow History Project’s director of archiving and one of the lead organizers of the April 17 reenactment event, said the event is aimed, among other things, at drawing attention to how far the LGBTQ community has come since 1965. He said the event is not in any way a protest of the administration of President Joe Biden and Vice President Kamala Harris, who Slatt called staunch supporters of the LGBTQ community.

ā€œWe are just reenacting this historical event and pointing out how far we’ve come,ā€ Slatt told the Washington Blade. ā€œIf you think about what it means in 1965 when these people were protesting and LBJ would not even respond to them. And now, we are at a place where Vice President Harris speaks on a stage at Capital Pride.ā€

The Rainbow History Project statement notes that the reenactment event will also be held in honor of Kameny, who died in 2011, and Vincenz, who passed away in 2023, both of whom participated in a similar reenactment event in 2008.

Among those who will be participating in this week’s reenactment on April 17 will be longtime local LGBTQ rights activist Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler will be carrying a replica of his own picket sign he held at the 1965 event, the statement says.

It says Rainbow History Project volunteers will also carry replicas of the original protest signs and hand out literature explaining the picket to passersby and tourists.

Similar to the 1965 event, the reenactment picketing at the White House will begin on April 17 at about 4:15 p.m., according to Slatt of the Rainbow History Project.

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