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White House invokes ‘religious freedom’ to justify Trump’s actions

Comments on contraception mandate could apply to ‘religious freedom’ guidance

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Sarah Huckabee Sanders, gay news, Washington Blade

Sarah Huckabee Sanders invokes religious freedom to justifies Trump’s actions. (Screenshot via CSPAN)

White House Press Secretary Sarah Huckabee Sanders defended on Friday the end to the contraception mandate under Obamacare by asserting President Trump believes in “freedom of religion” ā€” an often-used phrase to justify anti-LGBT discrimination that could apply other Trump administration actions.

Asked by the Fox Business Network about the American Civil Liberties Union’s threat to file a lawsuit in response to the reversal of the contraception mandate, Sanders argued the administration’s action was in line with President Trump’s belief in religious freedom.

“I don’t think it’s been a secret that I would probably never use the ACLU to get any of my talking points,” Sanders said. “The president believes the freedom to practice one’s faith is a fundamental right in this country, and I think all of us do, and that’s all that today was about. Our federal government should always protect that right, and as long as Donald Trump is president, he will.”

Although the comments were made in response to the end of the contraception mandate, they could also be construed as a defense to the “religious freedom” guidance U.S. Attorney General Jeff Sessions issued on the same day, which critics say could lead to anti-LGBT discrimination.

Pressed on what she’d say to women who fear losing their contraception coverage as result of the Trump administration’s actions, Sanders returned to religious liberty.

“This is a president who supports the First Amendment, supports the freedom of religion,” Sanders said. “I don’t think I understand why that should be an issue. The Supreme Court has validated this decision certainly many times over. And the president is somebody who believes in the Constitution. If people don’t like what the Constitution says, they should talk to Congress about changing it.”

The reference to the U.S. Supreme Court was likely a reference to its 2015 decision in the Hobby Lobby case, although that was decided on a statutory basis under the Religious Freedom Restoration Act, not the U.S. Constitution.

When NBC News asked if the Trump administration is prepared to fight all the way back to the Supreme Court, Sanders said justices have “already made clear what their position is, and it supports what this administration has done.”

Sanders predicted victory when asked if she’s confident the issue wouldn’t return to the Supreme Court.

“I think if it does, it will show that this administration is on the right side of the law,” Sanders said.

Ian Thompson, legislative director for the ACLU, said using “religious freedom” to justify the actions of the Trump administration is totally off base.

“Contrary to the Justice Department guidance, religious freedom does not allow anyone to impose their beliefs onto others, or to discriminate or harm,” Thompson said. “The administrationā€™s disgraceful actions today advance discrimination, not religious freedom.”

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Congress

House passes defense spending bill with anti-trans rider targeting military families

‘Not since DOMA’ has ‘an anti-LGBTQ+ policy been enshrined into federal law’

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U.S. Capitol (Washington Blade photo by Michael Key)

The U.S. House of Representatives on Wednesday voted to pass the annual military appropriations bill with a rider that would prohibit the children of U.S. service members from accessing gender-affirming health treatments under the Pentagon’s TRICARE program.

After clearing the floor vote with a comfortable margin of 281-140, the bill’s future is uncertain provided that Senate Democrats are unlikely to move on a National Defense Authorization Act that contains a discriminatory, partisan policy advanced by House Republican leadership and President Joe Biden promising to veto any legislation that targets transgender rights.

House Speaker Mike Johnson (R-La.) reportedly insisted on amending the NDAA to add the anti-trans policy after a final version of the bill had already been negotiated by the chairs and ranking members of the Senate and House Armed Services Committees over the weekend, earning a sharply worded rebuke from the later committee’s top Democrat, U.S. Rep. Adam Smith (Wash.).

“Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong,” the congressman wrote. Johnson is “pandering to the most extreme elements o this party to ensure that he retains his speakership,” he said, and in the process the GOP leader has upended “what had been a bipartisan process.”

Just after the NDAA was passed, Human Rights Campaign President Kelley Robinson shared a statement with the Washington Blade.

ā€œMilitary servicemembers and their families wake up every day and sacrifice more than most of us will ever understand. Those families protect our right to live freely and with dignity ā€” they deserve that same right, and the freedom to access the care their children need.

Today, politicians in the House betrayed our nationā€™s promise to those who serve. Not since the ā€˜Defense of Marriage Actā€™ passed almost 30 years ago has an anti-LGBTQ+ policy been enshrined into federal law.

For the thousands of families impacted, this isnā€™t about politics. Itā€™s about young people who deserve our support. Those who have courageously stepped up to serve this country should never have their families used as bargaining chips.

Now, the Senate has the opportunity to reject this and any bill that includes these dangerous anti-trans, anti-military family provisions, and remember the fundamental promise of our democracy: That everyone deserves dignity, respect, and the right to healthcare.ā€

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United Kingdom

Current, former PinkNews staffers accuse publisher, husband of sexual harassment

CEO Anthony James suspended from NHS job after allegations became public

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Thirty-three current and former employees of an LGBTQ news website in the U.K. have accused its publisher and husband of sexual harassment and misconduct.

The BBC on Tuesday reported ā€œseveralā€ former PinkNews staffers saw Chief Operating Officer Anthony James ā€œkissing and touching a junior colleague who they saw appeared too drunk to consentā€ outside of a London pub after a company event.

Jamesā€™s husband, Benjamin Cohen, founded PinkNews in 2005.

The BBC reported the current and former staffers with whom it spoke said ā€œa culture of heavy drinking led to instances whenā€ Cohen and James ā€œbehaved inappropriately towards younger male employees.ā€

Stephan Kyriacou, who worked at PinkNews from 2019-2021, told the BBC that Cohen slapped him on his butt at a Christmas party.

“I just shut down for a minute. I didnā€™t know what to say. I was in shock,ā€ Kyriacou told the BBC. ā€œI remember turning to my friends and saying, ‘What the hell just happened?'”

The BBC spoke with PinkNews staffers who said ā€œthey were shouted at and belittled by Mr. Cohen, and that there was a ā€˜toxicā€™ culture at the company. Others said they saw ā€œmisogynisticā€ behavior.

Neither Cohen, nor James spoke with the BBC. The Washington Blade has reached out to PinkNews for comment.

Media reports indicate Bedfordshire Hospitals NHS (National Health Service) Foundation suspended James, who is a doctor, from his job after the allegations against him and Cohen became public.

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Montana

Montana Supreme Court blocks ban on healthcare for trans youth

ā€˜Todayā€™s ruling permits our clients to breathe a sigh of reliefā€™

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The Montana Supreme Court on Wednesday ruled that SB 99, a 2023 Montana law that bans life-saving gender-affirming care for transgender youth, is unconstitutional under the Montana Constitutionā€™s privacy clause, which prohibits government intrusion into private medical decisions. This ruling will allow Montana communities and families to continue accessing medical treatments for transgender minors with gender dysphoria, the ACLU announced in a statement.

 ā€œI will never understand why my representatives are working to strip me of my rights and the rights of other transgender kids,ā€ Phoebe Cross, a 17-year-old transgender boy told the ACLU. ā€œJust living as a trans teenager is difficult enough, the last thing me and my peers need is to have our rights taken away.ā€

ā€œFortunately, the Montana Supreme Court understands the danger of the state interfering with critical healthcare,ā€ said Lambda Legal Counsel Kell Olson. ā€œBecause Montanaā€™s constitutional protections are even stronger than their federal counterparts, transgender youth in Montana can sleep easier tonight knowing that they can continue to thrive for now, without this looming threat hanging over their heads.ā€

ā€œWe are so thankful for this opportunity to protect trans youth, their families, and their medical providers from this baseless and dangerous law,ā€ said Malita Picasso, Staff Attorney for the ACLUā€™s LGBTQ & HIV Project. ā€œEvery day that transgender Montanans are able to access this care is a critical and life-saving victory. We will never stop fighting until every transgender person has the care and support they need to thrive.ā€

ā€œTodayā€™s ruling permits our clients to breathe a sigh of relief,ā€ said Akilah Deernose, Executive Director of the ACLU of Montana. ā€œBut the fight for trans rights is far from over. We will continue to push for the right of all Montanans, including those who are transgender, to be themselves and live their lives free of intrusive government interference.ā€

The Court found that the Plaintiffs were likely to succeed on the merits of their privacy claim, holding: ā€œThe Legislature did not make gender-affirming care unlawful. Nor did it make the treatments unlawful for all minors. Instead, it restricted a broad swath of medical treatments only when sought for a particular purpose. The record indicates that Provider Plaintiffs, or other medical professionals providing gender-affirming care, are recognized as competent in the medical community to provide that care.[T]he law puts governmental regulation in the mix of an individualā€™s fundamental right ā€˜to make medical judgments affecting her or his bodily integrity and health in partnership with a chosen health care provider.ā€™

Two justices filed a concurrence arguing that the Court should also clarify that discrimination on the basis of transgender status is a form of sex discrimination prohibited by Montanaā€™s Equal Protection Clause, the ACLU reported.

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