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DOJ touts anti-LGBT views, task force at ‘religious freedom’ summit

Sessions accused of ‘undermining LGBTQ rights’

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Attorney General Jeff Sessions announced the creation of a Religious Liberty Task Force. (Washington Blade photo by Michael Key)

A summit at the U.S. Justice Department on Monday ostensibly intended to promote religious freedom, including the creation of a Religious Liberty Task Force, often highlighted efforts to enable anti-LGBT discrimination.

At the summit in the Justice Department’s Great Hall, U.S. Attorney General Jeff Sessions announced the creation of the task force to implement “religious freedom” guidance he issued last year.

“The task force will help the department fully implement our religious liberty guidance by ensuring that all Justice Department components — and we got a lot of components around the country — are upholding that guidance in the cases they bring and defend, the arguments they make in court, the policies and regulations they adopt and how we conduct our operations,” Sessions said.

According to the Justice Department, Sessions will serve as chair of the task force, which will be co-chaired by Acting Associate Attorney General Jesse Panuccio and Associate Attorney General for the Office of Legal Policy Beth Williams.

Sessions said a primary mission of the Religious Liberty Task Force will be ensuring Justice Department employees “know their duty is to accommodate people of faith.”

“This administration is animated by the same American view that has led us for 242 years that every American has a right to believe and worship and exercise their faith in the public square,” Sessions added.

The underlying guidance on which the task force is based seeks to allow individuals and businesses to act in the name of religious freedom — often used as an exercise for anti-LGBT discrimination — without fear of government reprisal. Nowhere in the guidance is there a limiting principle assuring the right to free exercise of religion should be an excuse to engage in anti-LGBT discrimination.

Announcing the new task force, Sessions referenced the Masterpiece Cakeshop case in which a Colorado baker was sued after he refused to make a custom-made wedding cake for a same-sex couple. The U.S. Supreme Court narrowly ruled in his favor based on the facts of his case, citing anti-religion sentiment on the Colorado Civil Rights Commission.

Sessions commended Phillips for having endured an “ordeal faced so gravely,” touting an amicus brief the Justice Department filed on his behalf before the Supreme Court. U.S. Solicitor General Noel Francisco also argued in favor of Phillips before justices in oral arguments.

“Let’s be frank: A dangerous movement, undetected by many, but real, is now challenging and eroding our great tradition of religious freedom,” Sessions said at the start of his remarks. “There can be no doubt, it’s no little matter. It must be confronted intellectually and politically, and defeated.”

LGBT rights supporters said in response to the creation of the Religious Liberty Task Force its purpose was to further the Trump administration’s goal of compromising LGBT rights.

Louise Melling, deputy legal director for the American Civil Liberties Union, said the agenda of the Religious Liberty Task Force “isn’t consistent with religious freedom.”

“Religious freedom protects our right to our beliefs, not a right to discriminate or harm others,” Melling said. “Jeff Session’s Department of Justice is again turning that understanding of religious freedom on its head.”

Lucas Acosta, director of LGBTQ media for the Democratic National Committee, said in a statement the task force is “just the latest assault in this administration’s continued campaign against LGBTQ people and our civil rights.”

“By creating this task force, Sessions is establishing a unit dedicated to undermining LGBTQ rights and giving anti-LGBTQ far-right extremists like task force head Jesse Panuccio a taxpayer-funded platform to push their anti-equality agenda,” Acosta said. “Rather than ensuring every person has equal protections and opportunities, Sessions is shamefully doubling down on bigotry.”

But the creation of the Religious Liberty Task Force was just one portion of the summit, which also included the voices of participants who urged a commitment to religious freedom to advance anti-LGBT discrimination.

Archbishop of Louisville Joseph Edward Kurtz, who formerly served as president of the U.S. Conference of Catholic Bishops, said religious freedom is facing challenges that amount to “power-seeking for the purpose of imposing one’s will on others.”

Kurtz cited as an example Catholic adoption agencies being “targeted for closure” for refusing to place children with LGBT families out of religious objections.

“One of the biggest concerns is the ability of our child welfare providers to continue to be able to place children with foster and adoptive families consistent with our teaching,” Kurtz said.

Although no government is actively seeking to close Catholic adoption agencies, they have threatened to shut their doors on their own in the wake of the legalization of same-sex marriage because they feel they’ll be forced to place children with gay couples who marry.

As a result, a growing number or states have enacted anti-LGBT adoption laws allowing taxpayer-funded agencies to refuse to place children with LGBT families over religious objections. House Republicans have inserted an amendment in a pending appropriations bill that would penalize states and localities for having policies barring anti-LGBT discrimination among adoption agencies.

Phillips, the owner of Masterpiece Cakeshop, was himself present at the summit and took part in a panel of individuals who say they are facing challenges to their religious freedom.

Moderating his panel was Justice Department spokesperson Kerri Kupec, formerly a spokesperson for the anti-LGBT Alliance Defending Freedom. At a time when that term is used as justification for anti-LGBT discrimination, Kupec said in her introduction of the panel religious freedom is often “housed in scare quotes, as if it’s not a real thing, or even worse, a bad thing, which is tragic.”

Much of Kupec’s questioning of Phillips sought to elicit sympathy for him, which meant his act of refusing to make a custom-made wedding cake for a same-sex couple who entered his store was glossed over as he explained his commitment to his religious views.

In addition to refusing to make a same-sex wedding cake, Phillips said his religious beliefs compel him to close on Sundays, refuse to service Halloween celebrations or make cakes with denigrating messages.

“It’s the message of the cake that I evaluate, not the person who ordered the cake,” Phillips said. “In one instance, I had a man who wanted me to make a cake basically telling his boss that he was a jerk, so I wouldn’t do that, but I’ve also had people asked me to do cakes that would disparage gay people, the gay lifestyle, but I wouldn’t do that either because they’re hurtful cakes.”

As the litigation went forward, Phillips said he received death threats as well as a threat over the phone against his daughter. As a result, Phillips said he wouldn’t allow employees to answer the phone at Masterpiece Cakeshop and would only take calls himself.

Noting the U.S. Supreme Court only takes a few select cases each year, Phillips became emotional when he recalled news that justices had agreed to take up his petition after the state of Colorado ruled against him.

Even though the result of the case was narrowly in his favor and didn’t open up a First Amendment right for anti-LGBT discrimination, Phillips said it was worth the effort.

“True tolerance has to be a two-way street,” Phillips said. “We’re thrilled that the United States ruled in our favor, this ruling solidifying religious freedom in our country, but it’s not just for me, it’s for all us, every American should now be able to live and work freely and according to their conscience without fear of punishment from the government.”

Other speakers at the summit expressed concerns about threats to religious minorities in a manner that progressives would likely agree is a threat to religious freedom.

Among them was Harpreet Singh, who works with Muslim, Arab, Sikh, South Asian and Hindu religions on behalf of the Justice Department, and Asma Uddin, senior scholar at the Religious Freedom Center of the Freedom Forum Institute, who talked about anti-Muslim sentiments.

Singh said his agency has found hate crimes against minority religions have been increasing, which he said is substantiated by the Federal Bureau of Investigation’s annual reports and studies from universities, although “there’s a lot of underreporting going on.”

But other speakers on the panel railed against efforts to uphold LGBT rights as they face compromise in the name of religious freedom, including Emilie Kao, director of the Richard & Helen DeVos Center for Religion & Civil Society at the anti-LGBT Heritage Foundation.

Kao was critical of litigation filed by the ACLU against the Michigan law enabling Catholic adoption agencies to refuse placement to LGBT families over religious objections.

Asserting same-sex couples seeking to adopt face no problem in access to adoption, Kao said the plaintiff in the lawsuit drove past four other adoption agencies to reach St. Vincent’s Catholic Charities, which she said “still holds the belief that they should put every child with a mother and father.”

“The lesbian couple says they were personally offended by St. Vincent’s not placing a child with them,” Kao said. “I think it’s important for us to recognize that throughout the history of our country and the Supreme Court’s cases, we have always protected the right of people to follow their religious beliefs, and we’ve never protected the right not to have your feelings hurt.”

Michael McConnell, a law professor at the Constitutional Law Center at Stanford University, warned of the growing compromise that religious liberty faces in the wake of growing “sexual freedom.”

“An extremely popular argument in religious circles has been that religious accommodations are necessarily unconstitutional if they lead to so-called third-party harm,” McConnell said. “If there’s anyone whose rights or interests…are interfered with, that that means the accommodation is simply unconstitutional. To my mind, that’s an extremely implausible argument because virtually every accommodation, and indeed, virtually any application of any constitutional right — free speech, property, due process — there’s always someone on the other side of ledger who’s interests are being harmed.”

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District of Columbia

GLAA releases ratings for 18 candidates running for D.C. mayor, Council, AG

Mayoral contender Janeese Lewis Geroge among those receiving highest score

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Janeese Lewis George received a +10 ranking from GLAA. (Washington Blade photo by Michael Key)

D.C. mayoral candidate Janeese Lewis George, a Democrat, is among just four candidates to receive the highest rating score of +10 from GLAA D.C. who are competing in the city’s June 16 primary election.  

GLAA, formally known as the Gay and Lesbian Activists Alliance of Washington, has rated candidates for public office in D.C. since the 1970s. It rated 18 of the 36 candidates on this year’s primary ballot for mayor, D.C. Council, and D.C. attorney general based on its policy of only rating candidates who return a GLAA questionnaire asking for their positions on a wide range of issues, most of which are not LGBTQ-specific.

Among the candidates who did not return the questionnaire and thus did not receive a rating, according to GLAA, was Democratic mayoral contender Kenyan McDuffie, who along with Lewis George, is considered by political observers to be one of the two leading mayoral candidates running in the Democratic primary.  

Lewis George and McDuffie, who each have long records of support for the LGBTQ community, are among a total of eight candidates running for mayor on the June 16 primary ballot: seven Democrats and one Statehood Green Party candidate. In addition to Lewis George, GLAA rated just two other mayoral candidates. Rini Sampath, a Democrat who self identifies as queer, received a +6.5 rating, and Ernest E. Johnson, also a Democrat, received a +4.5 rating

Under the GLAA rating system, candidate ratings range from a +10, the highest score, to a -10, the lowest possible score. In its ratings for the June 16 primary, the lowest score issued was +4.5. GLAA said in a statement that each of the 18 candidates it rated expressed strong support for LGBTQ-related issues in their questionnaire responses, indicating that the overall rating scores reflect the candidates’ positions on mostly non-LGBTQ-specific issues. 

The three other candidates who received a +10 GLAA rating are each running as Democrats for the Ward 1 D.C. Council seat. They include gay candidate Miguel Trindade Deramo; Aparna Raj, who identifies as bisexual; and LGBTQ ally Rashida Brown. The only other Ward 1 candidate rated by GLAA is LGBTQ ally Terry Lynch, who received a +5.5 rating.

Ward 5 D.C. Councilmember Zachary Parker, the Council’s only gay member who is facing two opponents in the Democratic primary, received a +7 GLAA rating. The two challengers did not return the questionnaire and were not rated.

“In seven out of 10 of our priorities, every candidate indicated agreement,” GLAA said in its statement to the Washington Blade in referring to the candidates it rated. “Total consensus on core issues signals that whomever is elected to Council and mayor, we should expect to hold our elected officials accountable to our goals of protecting home rule, resisting federal overreach, advancing transgender healthcare rights, and eliminating chronic homelessness in the District,” the statement says.

“While candidates agree on the basics, they distinguish themselves in the depth and creativity in their responses, and their record on the issues,” according to the statement, which adds that candidates’ full questionnaire responses and ratings can be accessed on the GLAA website, glaa.org.

Like past election years, GLAA does not rate candidates running for the D.C. Congressional Delegate seat or the so-called “shadow” U.S. House of Representatives and U.S. Senate seats.  

With the exception of one question asking about transgender rights, none of the other nine of the 10 questionnaire questions are LGBTQ-specific. But most of the questions mention that LGBTQ people are impacted by the issues being raised, such as affordable housing, federal government intrusion into D.C. home rule, and access to healthcare and public benefits for low-income residents.

One of the questions asks candidates if they support decriminalization of sex work in D.C. among consenting adults, which GLAA supports. Lewis George is among the candidates who said they do not support sex work decriminalization at this time. The other two mayoral candidates that GLAA rated, Sampath and Johnson, said they support sex work decriminalization.

In the race for D.C. attorney general, GLAA issued a rating for just one of the three candidates running: Republican challenger Manuel Rivera, who received a +4.5 rating. Incumbent Democrat Brian Schwalb and Democratic challenger J.P. Szymkowicz were not rated because they didn’t return the questionnaire.

D.C. Council Chair Phil Mendelson (D), who is running unopposed in the primary, received a +6.5 rating. Ward 6 Councilmember Charles Allen, who is facing three Democratic challengers in the primary and who is a longtime LGBTQ ally, received a +6.5 rating.

In the special election to fill the at-large D.C. Council seat vacated by the resignation of then-Independent Councilmember McDuffie to enable him to run for mayor as a Democrat, GLAA has rated two of the three Independent candidates competing for the seat. Elissa Silverman received a +5.75 rating, and Doni Crawford received a +5.6 rating.

Finally, in the At-Large D.C. Council race GLAA issued ratings for five of the 11 candidates running in the primary, each of whom are Democrats. Oye Owolewa received a +9; Lisa Raymond, +7.5; Dwight Davis, +6.5; Dyana N.M. Forester, +6; and Fred Hill, +6.6.

The full list of GLAA-rated candidates and their detailed questionnaire responses can be accessed at glaa.org.

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Blade finalist for D.C. Society of Professional Journalists awards

Editor Kevin Naff to be inducted into Hall of Fame at June. 9 dinner

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The Society of Professional Journalists’ Washington, D.C., Pro Chapter on Tuesday announced the Washington Blade is a finalist for various awards it will hand out at its annual dinner next month.

International News Editor Michael K. Lavers is a finalist for the weekly editorial/opinion writing category for his piece “Vacationing abroad with an embarrassment in the White House.” He is also a finalist for the weekly newspaper non-breaking news category for his article “Trump executive orders leave LGBTQ migrants, asylum seekers in limbo.”

Photo Editor Michael Key is a finalist for the weekly newspaper feature photography category for a photo of a protest that he took outside the D.C. Attorney General’s office. He is also a finalist for the weekly newspaper photography story category for his article “‘Trump Must Go Now’ march to the White House” and for the weekly newspaper photojournalism category for his coverage of the WorldPride Street Festival and Closing Concert.

Senior Reporter Lou Chibbaro is a finalist for the weekly newspaper non-breaking news category for his article “In D.C., LGBTQ homelessness on the rise despite overall decline.”

Kevin Naff, the Blade’s editor and co-owner, will be inducted into the Society of Professional Journalists’ Washington, D.C., Pro Chapter’s Hall of Fame at its annual dinner that will take place at the National Press Club on June 9.

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Commentary

He is 16 and sitting in a Cuban prison

Jonathan David Muir Burgos arrested after participating in anti-government protests

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Jonathan David Muir Burgos remains in a Cuban jail. (Graphic by Ignacio Estrada Cepero)

Jonathan David Muir Burgos is 16-years-old, and that fact alone should force the world to stop and pay attention. He is not an armed criminal, nor a violent extremist, nor someone accused of harming others. He is a Cuban teenager who ended up behind bars after joining recent protests in the city of Morón, in the province of Ciego de Ávila, demonstrations born out of exhaustion, desperation, and the growing collapse of daily life across the island.

Those protests did not emerge from privilege or political theater. They erupted after prolonged blackouts, food shortages, lack of drinking water, unbearable heat, and a level of public frustration that continues to deepen inside Cuba. People took to the streets because ordinary life itself has become increasingly unbearable. Families are surviving for hours and sometimes days without electricity. Parents struggle to find food. Entire communities live trapped between scarcity and silence.

Jonathan became part of that reality.

And today, he is sitting inside a Cuban prison.

The World Health Organization defines adolescence as the stage between approximately 10 and 19 years of age, a period marked by emotional, psychological, and physical development. That matters deeply here because Jonathan is not simply a “young protester.” He is a minor. A teenager still navigating the fragile years in which identity, emotional stability, and personal growth are being formed.

Yet the Cuban government chose to place him inside a high-security prison alongside adults.

There is something profoundly disturbing about a political system willing to expose a 16-year-old boy to the psychological brutality of prison life simply because he exercised the right to protest. A prison is never only walls and bars. It is fear, humiliation, emotional pressure, intimidation, and uncertainty. For a teenager surrounded by adult inmates, those dangers become even more alarming.

The situation becomes even more serious because Jonathan reportedly suffers from severe dyshidrosis and has previously experienced dangerous bacterial infections affecting his health. His condition requires proper medical care, hygiene, and adequate treatment, precisely the kind of stability that is difficult to guarantee inside the Cuban prison system.

Behind this story there is also a family living through a kind of pain impossible to fully describe.

Jonathan is the son of a Cuban evangelical pastor. Behind the headlines there is a mother wondering how her child is sleeping at night inside a prison cell. There is a father trying to hold onto faith while imagining the emotional and physical risks his teenage son may be facing behind bars. Faith does not erase fear. Faith does not prevent parents from trembling when their child is imprisoned.

And this is where another painful contradiction emerges.

While a Cuban pastor watches his son remain incarcerated, there are still political and religious voices outside Cuba romanticizing the Cuban regime from a safe distance. There are people who speak passionately about justice while remaining silent about political prisoners, repression, censorship, and now even the imprisonment of adolescents.

That silence matters.

Because silence protects systems that normalize abuse.

For too long, parts of the international community have spoken about Cuba through ideological nostalgia while refusing to confront the human cost paid by ordinary Cubans. The reality is not romantic. The reality is families surviving in darkness, young people fleeing the country in massive numbers, parents struggling to feed their children, and now a 16-year-old boy sitting inside a prison after joining a protest born from desperation.

No government has the moral right to destroy the emotional and psychological well-being of a teenager for exercising freedom of expression. No ideology should stand above human dignity. And no institution that claims to defend justice should remain indifferent while a child becomes a political prisoner.

Jonathan David Muir Burgos should not be in prison.

A 16-year-old boy should not have to pay for protest with his freedom. 

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