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John McCain leaves complicated legacy on LGBT rights

Arizona Republican succumbs to brain cancer at age 81

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John McCain, Values Voter Summit, gay news, Washington Blade, United States Senate, Republican Party, Arizona

John McCain, Values Voter Summit, gay news, Washington Blade, United States Senate, Republican Party, Arizona

Sen. John McCain (R-Ariz.) leaves a complicated legacy on LGBT rights upon his death. (Washington Blade photo by Michael Key)

Sen. John McCain, who died Saturday at 81, leaves a legacy of patriotism, service to country — and being a thorn in the side of President Trump — but his legacy on LGBT issues is more complicated.

Throughout his decades in Congress, the Arizona Republican took widely different stances on LGBT issues — at times mocking them as unimportant, at other times embracing equal rights for the LGBT community. McCain would often oppose LGBT rights to align with his party and for the sake of political expediency, although the general direction of the positions he took as time went on demonstrated increasing acceptance of LGBT people.

Masen Davis, CEO of Freedom for All Americans, said in a statement McCain’s growing acceptance of LGBT rights is consistent with many Americans.

“John McCain’s journey to a more supportive place on a number of LGBTQ issues is one that is familiar to so many Americans,” Davis said. “His evolution is reflective of the growing awareness that each and every one of us share the same values and the same aspirations, and we all strive toward building a more perfect nation.”

An early test for McCain on LGBT issues during his career in the Senate came in 1993, when lawmakers were debating gays in the military in response to then-President Clinton’s call to lift the administrative ban on their service. As a member of the Senate Armed Services Committee, McCain was part of the deliberation that ended with lawmakers passing the statutory ban on military service that came to be known as “Don’t Ask, Don’t Tell.”

Three years later in 1996, McCain continued his opposition to LGBT rights when he was one of 84 senators to vote in support of the Defense of Marriage Act, a federal prohibition on the recognition of same-sex marriage.

At around this time, former Rep. Jim Kolbe, McCain’s fellow congressman from Arizona who was closeted at the time, angered LGBT activists for his vote in favor of DOMA. LGBT activists, including the then-publishers of the Washington Blade, threatened to out Kolbe over his vote, but Kolbe pre-empted them by coming out as gay.

Despite the political risk of coming out at the time, McCain came to his friend’s aid and said Kolbe’s coming out hadn’t “caused much of a ripple” in Arizona.

“I think Jim Kolbe has the respect and appreciation of most Arizonans,” McCain said. “I believe if he ran for re-election, he wouldn’t have much difficulty.”

McCain’s prediction proved correct. Kolbe would be re-elected and go on to serve another six terms in Congress before retiring in 2007.

In an interview Sunday with the Arizona-based Kronkite News, Kolbe said having McCain’s support when coming out as gay was important.

“In fact, before I could even tell him, he put up his hand and said, ‘Jim, don’t worry about it, you’re my friend, you’re always going to be my friend, and it’s not going to make any difference,’ before I even got the words out of my mouth,” Kolbe said. “And so, he was intensely loyal to people that he liked, and he was certainly intensely loyal to me.”

Nearly a decade after the DOMA vote, McCain took a position aligned with the goals of the LGBT community in 2004 and 2006 when he broke with his party and opposed the Federal Marriage Amendment, a measure pushed by President George W. Bush that would have changed the U.S. Constitution to prevent the legalization of same-sex marriage.

At a time when support for LGBT rights wasn’t popular and most Americans opposed same-sex marriage, McCain’s position as one of the few Republicans to oppose the Federal Marriage Amendment was distinctive.

Although McCain acknowledged on the Senate floor opponents of the amendment contended it was “purposely divisive, discriminatory and intended to deny some Americans their right to the pursuit of happiness,” the Arizona Republican’s stated reason for opposing the Federal Marriage Amendment was federalism grounds.

“The legal definition of marriage has always been left to the states to decide, in accordance with the prevailing standards of their neighborhoods and communities,” McCain said. “Certainly, that view has prevailed for many years in my party where we adhere to a rather stricter federalism than has always been the case in the prevailing views among our friends in the Democratic Party.”

Consistent with that federalism approach, McCain was a vocal supporter in 2006 of a proposed state constitutional amendment at the ballot in Arizona seeking to prohibit same-sex marriage and even appeared in a campaign calling for its passage.

(Ironically, the Arizona amendment in 2006 was the first anti-gay marriage amendment to fail at the ballot, although voters in the state corrected that by passing a different version of the amendment in 2008. The U.S. Ninth Circuit Court of Appeals would eventually strike down the amendment as unconstitutional.)

Unlike other politicians, McCain never evolved on the issue of same-sex marriage and continued to oppose it even after the ruling by the U.S. Supreme Court in 2015 in favor of marriage equality nationwide.

In 2008, McCain embarked on his presidential run and won the nomination to run against Barack Obama for the White House. Seeking to appeal to a nationwide audience, McCain reached out to the LGBT community through an interview with the Washington Blade, making him the first (and still only) Republican presidential nominee to participate in a Q&A with the LGBT media.

In the interview, McCain suggested he could support the Employment Non-Discrimination Act and was open to a review of “Don’t Ask, Don’t Tell.” Although he reiterated his opposition to the Federal Marriage Amendment, McCain suggested that might change if the courts forced states to recognize same-sex marriage.

Notably, McCain when asked to identify a gay role model chose 9/11 hero Mark Bingham, who helped lead passengers in diverting United Airlines Flight 93 from the terrorists’ intended target of the U.S. Capitol building. McCain delivered the eulogy at Bingham’s funeral and spoke warmly about him during the Blade Q&A.

“I love my country, and I take pride in serving her,” McCain said. “But I cannot say that I love her more or as well as Mark Bingham did, or the other heroes on United Flight 93 who gave their lives to prevent our enemies from inflicting an even greater injury on our country.”

McCain was endorsed during his presidential run by Log Cabin Republicans, a distinction Trump failed to achieve eight years later despite having the reputation in 2016 of being the most pro-LGBT Republican nominee in history.

But any growing acceptance of LGBT rights vanished during the first years of the Obama administration when lawmakers debated repeal of “Don’t Ask, Don’t Tell.” Faced with a Tea Party challenge to his Senate seat during a Republican primary from radio talk show host J.D. Hayworth, McCain was the biggest opponent of ending the prohibition on gays in the military and fought aggressively against changing the policy.

In one hearing of the Senate Armed Services Committee, McCain called into question the results of a 2010 Pentagon study calling for repeal of “Don’t Ask, Don’t Tell” and the implementation of open service.

“I remain concerned, as I have in the past, and as demonstrated in this study, that the closer we get to service members in combat, the more we encounter concerns about whether ‘Don’t Ask, Don’t Tell’ should be repealed,” McCain said. “These views should not be considered lightly, especially considering how much combat our forces face.”

When the Senate after an extensive, deliberate process and several failed attempts finally voted to repeal “Don’t Ask, Don’t Tell” in December 2010, LGBT right supporters were celebrating, but McCain wasn’t. The Arizona Republican called the occasion a “sad day” on the Senate floor.

As the advancement of LGBT rights continued throughout the Obama administration, McCain had a mixed bag of views and many times remain opposed. When the inclusion of a bi-national same-sex couple was considered as part of immigration reform in 2013, McCain was derisive of the effort and warned that using comprehensive immigration reform as a vehicle for advancing “social issues” would lead to failure for the legislation.

“I think it is a red herring,” McCain said. “I think then, do we want to guarantee a taxpayer free abortion? I’m telling you now, if you load this up with social issues and things that are controversial, then it will endanger the issue.”

But McCain also started exhibiting signs of moderating on LGBT issues. In 2013, McCain was among the 10 Senate Republicans to vote in favor of the Employment Non-Discrimination Act — although that vote came after public prodding from his wife Cindy McCain in the form of a postcard to her husband. The bill passed on a bipartisan basis in the Senate, but never came up in the Republican-controlled House.

Gregory Angelo, president of Log Cabin Republicans, pointed to his organization’s endorsement of McCain in 2008 as well as the Arizona Republican’s vote in favor of ENDA in a statement recalling the “long and positive history” between the two.

“His support for ENDA in 2013 opposing employment discrimination against the LGBT community will go down in history as a legacy vote proving his evolution in support of LGBT Americans followed in the historic footsteps of Barry Goldwater, the United States senator whose seat he inherited,” Angelo said.

Although he voted for ENDA, McCain in an almost contradictory vein was a co-sponsor of the First Amendment Defense Act, a federal “religious freedom” bill seen to enable anti-LGBT discrimination. The legislation would have undermined LGBT protections, including President Obama’s 2014 executive order against anti-LGBT workplace discrimination.

At the same time, McCain came out against proposed “religious freedom” legislation in Arizona. His voice helped get the ball rolling for a media firestorm that compelled Arizona Gov. Jan Brewer to veto the legislation.

After McCain was diagnosed with brain cancer and his life and public service came to a close, the Arizona Republican ended his public service on a note in support of LGBT rights.

After President Trump announced via Twitter last year he’d ban transgender people from the U.S. military “in any capacity,” McCain lambasted him. Although McCain’s objections at the time were about announcing the policy change via Twitter, that would change.

When Sen. Kirsten Gillibrand (D-N.Y.) introduced legislation last year seeking to halt Trump’s transgender military ban, McCain became an original co-sponsor and issued a statement in support of transgender military service.

“When less than one percent of Americans are volunteering to join the military, we should welcome all those who are willing and able to serve our country,” McCain said. “Any member of the military who meets the medical and readiness standards should be allowed to serve — including those who are transgender.”

Chad Griffin, president of the Human Rights Campaign, referenced McCain’s support for transgender service as evidence of the Arizona Republican’s growing acceptance of LGBT rights at the end of his life.

“While we disagreed on many issues, later in his career, he became an increasingly vocal advocate for LGBTQ service members,” Griffin said. “In the last few years, Sen. McCain blocked anti-LGBTQ language in the National Defense Authorization Act, opposed a ‘license to discriminate’ bill in Arizona, denounced the Trump-Pence Administration’s effort to ban transgender troops and spoke out against the nomination of the anti-LGBTQ Mark Green to lead the Army. We join with millions of Americans in mourning his loss, and extend our deepest condolences to Sen. McCain’s wife, Cindy, and his entire family.”

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Honoring the legacy of New Orleans’ 1973 UpStairs Lounge fire

Why the arson attack that killed 32 gay men still resonates 50 years later

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Fifty years ago this week, 32 gay men were killed in an arson attack on the UpStairs Lounge in New Orleans. (Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

On June 23 of last year, I held the microphone as a gay man in the New Orleans City Council Chamber and related a lost piece of queer history to the seven council members. I told this story to disabuse all New Orleanians of the notion that silence and accommodation, in the face of institutional and official failures, are a path to healing.  

The story I related to them began on a typical Sunday night at a second-story bar on the fringe of New Orleans’ French Quarter in 1973, where working-class men would gather around a white baby grand piano and belt out the lyrics to a song that was the anthem of their hidden community, “United We Stand” by the Brotherhood of Man. 

“United we stand,” the men would sing together, “divided we fall” — the words epitomizing the ethos of their beloved UpStairs Lounge bar, an egalitarian free space that served as a forerunner to today’s queer safe havens. 

Around that piano in the 1970s Deep South, gays and lesbians, white and Black queens, Christians and non-Christians, and even early gender minorities could cast aside the racism, sexism, and homophobia of the times to find acceptance and companionship for a moment. 

For regulars, the UpStairs Lounge was a miracle, a small pocket of acceptance in a broader world where their very identities were illegal. 

On the Sunday night of June 24, 1973, their voices were silenced in a murderous act of arson that claimed 32 lives and still stands as the deadliest fire in New Orleans history — and the worst mass killing of gays in 20th century America. 

As 13 fire companies struggled to douse the inferno, police refused to question the chief suspect, even though gay witnesses identified and brought the soot-covered man to officers idly standing by. This suspect, an internally conflicted gay-for-pay sex worker named Rodger Dale Nunez, had been ejected from the UpStairs Lounge screaming the word “burn” minutes before, but New Orleans police rebuffed the testimony of fire survivors on the street and allowed Nunez to disappear.

As the fire raged, police denigrated the deceased to reporters on the street: “Some thieves hung out there, and you know this was a queer bar.” 

For days afterward, the carnage met with official silence. With no local gay political leaders willing to step forward, national Gay Liberation-era figures like Rev. Troy Perry of the Metropolitan Community Church flew in to “help our bereaved brothers and sisters” — and shatter officialdom’s code of silence. 

Perry broke local taboos by holding a press conference as an openly gay man. “It’s high time that you people, in New Orleans, Louisiana, got the message and joined the rest of the Union,” Perry said. 

Two days later, on June 26, 1973, as families hesitated to step forward to identify their kin in the morgue, UpStairs Lounge owner Phil Esteve stood in his badly charred bar, the air still foul with death. He rebuffed attempts by Perry to turn the fire into a call for visibility and progress for homosexuals. 

“This fire had very little to do with the gay movement or with anything gay,” Esteve told a reporter from The Philadelphia Inquirer. “I do not want my bar or this tragedy to be used to further any of their causes.” 

Conspicuously, no photos of Esteve appeared in coverage of the UpStairs Lounge fire or its aftermath — and the bar owner also remained silent as he witnessed police looting the ashes of his business. 

“Phil said the cash register, juke box, cigarette machine and some wallets had money removed,” recounted Esteve’s friend Bob McAnear, a former U.S. Customs officer. “Phil wouldn’t report it because, if he did, police would never allow him to operate a bar in New Orleans again.” 

The next day, gay bar owners, incensed at declining gay bar traffic amid an atmosphere of anxiety, confronted Perry at a clandestine meeting. “How dare you hold your damn news conferences!” one business owner shouted. 

Ignoring calls for gay self-censorship, Perry held a 250-person memorial for the fire victims the following Sunday, July 1, culminating in mourners defiantly marching out the front door of a French Quarter church into waiting news cameras. “Reverend Troy Perry awoke several sleeping giants, me being one of them,” recalled Charlene Schneider, a lesbian activist who walked out of that front door with Perry.

(Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

Esteve doubted the UpStairs Lounge story’s capacity to rouse gay political fervor. As the coroner buried four of his former patrons anonymously on the edge of town, Esteve quietly collected at least $25,000 in fire insurance proceeds. Less than a year later, he used the money to open another gay bar called the Post Office, where patrons of the UpStairs Lounge — some with visible burn scars — gathered but were discouraged from singing “United We Stand.” 

New Orleans cops neglected to question the chief arson suspect and closed the investigation without answers in late August 1973. Gay elites in the city’s power structure began gaslighting the mourners who marched with Perry into the news cameras, casting suspicion on their memories and re-characterizing their moment of liberation as a stunt. 

When a local gay journalist asked in April 1977, “Where are the gay activists in New Orleans?,” Esteve responded that there were none, because none were needed. “We don’t feel we’re discriminated against,” Esteve said. “New Orleans gays are different from gays anywhere else… Perhaps there is some correlation between the amount of gay activism in other cities and the degree of police harassment.” 

(Photo by H.J. Patterson/Times-Picayune; reprinted with permission)

An attitude of nihilism and disavowal descended upon the memory of the UpStairs Lounge victims, goaded by Esteve and fellow gay entrepreneurs who earned their keep via gay patrons drowning their sorrows each night instead of protesting the injustices that kept them drinking. 

Into the 1980s, the story of the UpStairs Lounge all but vanished from conversation — with the exception of a few sanctuaries for gay political debate such as the local lesbian bar Charlene’s, run by the activist Charlene Schneider. 

By 1988, the 15th anniversary of the fire, the UpStairs Lounge narrative comprised little more than a call for better fire codes and indoor sprinklers. UpStairs Lounge survivor Stewart Butler summed it up: “A tragedy that, as far as I know, no good came of.” 

Finally, in 1991, at Stewart Butler and Charlene Schneider’s nudging, the UpStairs Lounge story became aligned with the crusade of liberated gays and lesbians seeking equal rights in Louisiana. The halls of power responded with intermittent progress. The New Orleans City Council, horrified by the story but not yet ready to take its look in the mirror, enacted an anti-discrimination ordinance protecting gays and lesbians in housing, employment, and public accommodations that Dec. 12 — more than 18 years after the fire. 

“I believe the fire was the catalyst for the anger to bring us all to the table,” Schneider told The Times-Picayune, a tacit rebuke to Esteve’s strategy of silent accommodation. Even Esteve seemed to change his stance with time, granting a full interview with the first UpStairs Lounge scholar Johnny Townsend sometime around 1989. 

Most of the figures in this historic tale are now deceased. What’s left is an enduring story that refused to go gently. The story now echoes around the world — a musical about the UpStairs Lounge fire recently played in Tokyo, translating the gay underworld of the 1973 French Quarter for Japanese audiences.

When I finished my presentation to the City Council last June, I looked up to see the seven council members in tears. Unanimously, they approved a resolution acknowledging the historic failures of city leaders in the wake of the UpStairs Lounge fire. 

Council members personally apologized to UpStairs Lounge families and survivors seated in the chamber in a symbolic act that, though it could not bring back those who died, still mattered greatly to those whose pain had been denied, leaving them to grieve alone. At long last, official silence and indifference gave way to heartfelt words of healing. 

The way Americans remember the past is an active, ongoing process. Our collective memory is malleable, but it matters because it speaks volumes about our maturity as a people, how we acknowledge the past’s influence in our lives, and how it shapes the examples we set for our youth. Do we grapple with difficult truths, or do we duck accountability by defaulting to nostalgia and bluster? Or worse, do we simply ignore the past until it fades into a black hole of ignorance and indifference? 

I believe that a factual retelling of the UpStairs Lounge tragedy — and how, 50 years onward, it became known internationally — resonates beyond our current divides. It reminds queer and non-queer Americans that ignoring the past holds back the present, and that silence is no cure for what ails a participatory nation. 

Silence isolates. Silence gaslights and shrouds. It preserves the power structures that scapegoat the disempowered. 

Solidarity, on the other hand, unites. Solidarity illuminates a path forward together. Above all, solidarity transforms the downtrodden into a resounding chorus of citizens — in the spirit of voices who once gathered ‘round a white baby grand piano and sang, joyfully and loudly, “United We Stand.” 

(Photo by Philip Ames/Times-Picayune; reprinted with permission)

Robert W. Fieseler is a New Orleans-based journalist and the author of “Tinderbox: the Untold Story of the Up Stairs Lounge Fire and the Rise of Gay Liberation.”

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New Supreme Court term includes critical LGBTQ case with ‘terrifying’ consequences

Business owner seeks to decline services for same-sex weddings

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The U.S. Supreme Court is to set consider the case of 303 Creative, which seeks to refuse design services for same-sex weddings. (Blade file photo by Michael Key)

The U.S. Supreme Court, after a decision overturning Roe v. Wade that still leaves many reeling, is starting a new term with justices slated to revisit the issue of LGBTQ rights.

In 303 Creative v. Elenis, the court will return to the issue of whether or not providers of custom-made goods can refuse service to LGBTQ customers on First Amendment grounds. In this case, the business owner is Lorie Smith, a website designer in Colorado who wants to opt out of providing her graphic design services for same-sex weddings despite the civil rights law in her state.

Jennifer Pizer, acting chief legal officer of Lambda Legal, said in an interview with the Blade, “it’s not too much to say an immeasurably huge amount is at stake” for LGBTQ people depending on the outcome of the case.

“This contrived idea that making custom goods, or offering a custom service, somehow tacitly conveys an endorsement of the person — if that were to be accepted, that would be a profound change in the law,” Pizer said. “And the stakes are very high because there are no practical, obvious, principled ways to limit that kind of an exception, and if the law isn’t clear in this regard, then the people who are at risk of experiencing discrimination have no security, no effective protection by having a non-discrimination laws, because at any moment, as one makes their way through the commercial marketplace, you don’t know whether a particular business person is going to refuse to serve you.”

The upcoming arguments and decision in the 303 Creative case mark a return to LGBTQ rights for the Supreme Court, which had no lawsuit to directly address the issue in its previous term, although many argued the Dobbs decision put LGBTQ rights in peril and threatened access to abortion for LGBTQ people.

And yet, the 303 Creative case is similar to other cases the Supreme Court has previously heard on the providers of services seeking the right to deny services based on First Amendment grounds, such as Masterpiece Cakeshop and Fulton v. City of Philadelphia. In both of those cases, however, the court issued narrow rulings on the facts of litigation, declining to issue sweeping rulings either upholding non-discrimination principles or First Amendment exemptions.

Pizer, who signed one of the friend-of-the-court briefs in opposition to 303 Creative, said the case is “similar in the goals” of the Masterpiece Cakeshop litigation on the basis they both seek exemptions to the same non-discrimination law that governs their business, the Colorado Anti-Discrimination Act, or CADA, and seek “to further the social and political argument that they should be free to refuse same-sex couples or LGBTQ people in particular.”

“So there’s the legal goal, and it connects to the social and political goals and in that sense, it’s the same as Masterpiece,” Pizer said. “And so there are multiple problems with it again, as a legal matter, but also as a social matter, because as with the religion argument, it flows from the idea that having something to do with us is endorsing us.”

One difference: the Masterpiece Cakeshop litigation stemmed from an act of refusal of service after owner, Jack Phillips, declined to make a custom-made wedding cake for a same-sex couple for their upcoming wedding. No act of discrimination in the past, however, is present in the 303 Creative case. The owner seeks to put on her website a disclaimer she won’t provide services for same-sex weddings, signaling an intent to discriminate against same-sex couples rather than having done so.

As such, expect issues of standing — whether or not either party is personally aggrieved and able bring to a lawsuit — to be hashed out in arguments as well as whether the litigation is ripe for review as justices consider the case. It’s not hard to see U.S. Chief Justice John Roberts, who has sought to lead the court to reach less sweeping decisions (sometimes successfully, and sometimes in the Dobbs case not successfully) to push for a decision along these lines.

Another key difference: The 303 Creative case hinges on the argument of freedom of speech as opposed to the two-fold argument of freedom of speech and freedom of religious exercise in the Masterpiece Cakeshop litigation. Although 303 Creative requested in its petition to the Supreme Court review of both issues of speech and religion, justices elected only to take up the issue of free speech in granting a writ of certiorari (or agreement to take up a case). Justices also declined to accept another question in the petition request of review of the 1990 precedent in Smith v. Employment Division, which concluded states can enforce neutral generally applicable laws on citizens with religious objections without violating the First Amendment.

Representing 303 Creative in the lawsuit is Alliance Defending Freedom, a law firm that has sought to undermine civil rights laws for LGBTQ people with litigation seeking exemptions based on the First Amendment, such as the Masterpiece Cakeshop case.

Kristen Waggoner, president of Alliance Defending Freedom, wrote in a Sept. 12 legal brief signed by her and other attorneys that a decision in favor of 303 Creative boils down to a clear-cut violation of the First Amendment.

“Colorado and the United States still contend that CADA only regulates sales transactions,” the brief says. “But their cases do not apply because they involve non-expressive activities: selling BBQ, firing employees, restricting school attendance, limiting club memberships, and providing room access. Colorado’s own cases agree that the government may not use public-accommodation laws to affect a commercial actor’s speech.”

Pizer, however, pushed back strongly on the idea a decision in favor of 303 Creative would be as focused as Alliance Defending Freedom purports it would be, arguing it could open the door to widespread discrimination against LGBTQ people.

“One way to put it is art tends to be in the eye of the beholder,” Pizer said. “Is something of a craft, or is it art? I feel like I’m channeling Lily Tomlin. Remember ‘soup and art’? We have had an understanding that whether something is beautiful or not is not the determining factor about whether something is protected as artistic expression. There’s a legal test that recognizes if this is speech, whose speech is it, whose message is it? Would anyone who was hearing the speech or seeing the message understand it to be the message of the customer or of the merchants or craftsmen or business person?”

Despite the implications in the case for LGBTQ rights, 303 Creative may have supporters among LGBTQ people who consider themselves proponents of free speech.

One joint friend-of-the-court brief before the Supreme Court, written by Dale Carpenter, a law professor at Southern Methodist University who’s written in favor of LGBTQ rights, and Eugene Volokh, a First Amendment legal scholar at the University of California, Los Angeles, argues the case is an opportunity to affirm the First Amendment applies to goods and services that are uniquely expressive.

“Distinguishing expressive from non-expressive products in some contexts might be hard, but the Tenth Circuit agreed that Smith’s product does not present a hard case,” the brief says. “Yet that court (and Colorado) declined to recognize any exemption for products constituting speech. The Tenth Circuit has effectively recognized a state interest in subjecting the creation of speech itself to antidiscrimination laws.”

Oral arguments in the case aren’t yet set, but may be announced soon. Set to defend the state of Colorado and enforcement of its non-discrimination law in the case is Colorado Solicitor General Eric Reuel Olson. Just this week, the U.S. Supreme Court announced it would grant the request to the U.S. solicitor general to present arguments before the justices on behalf of the Biden administration.

With a 6-3 conservative majority on the court that has recently scrapped the super-precedent guaranteeing the right to abortion, supporters of LGBTQ rights may think the outcome of the case is all but lost, especially amid widespread fears same-sex marriage would be next on the chopping block. After the U.S. Tenth Circuit Court of Appeals ruled against 303 Creative in the lawsuit, the simple action by the Supreme Court to grant review in the lawsuit suggests they are primed to issue a reversal and rule in favor of the company.

Pizer, acknowledging the call to action issued by LGBTQ groups in the aftermath of the Dobbs decision, conceded the current Supreme Court issuing the ruling in this case is “a terrifying prospect,” but cautioned the issue isn’t so much the makeup of the court but whether or not justices will continue down the path of abolishing case law.

“I think the question that we’re facing with respect to all of the cases or at least many of the cases that are in front of the court right now, is whether this court is going to continue on this radical sort of wrecking ball to the edifice of settled law and seemingly a goal of setting up whole new structures of what our basic legal principles are going to be. Are we going to have another term of that?” Pizer said. “And if so, that’s terrifying.”

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Kelley Robinson, a Black, queer woman, named president of Human Rights Campaign

Progressive activist a veteran of Planned Parenthood Action Fund

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Kelley Robinson (Screen capture via HRC YouTube)

Kelley Robinson, a Black, queer woman and veteran of Planned Parenthood Action Fund, is to become the next president of the Human Rights Campaign, the nation’s leading LGBTQ group announced on Tuesday.

Robinson is set to become the ninth president of the Human Rights Campaign after having served as executive director of Planned Parenthood Action Fund and more than 12 years of experience as a leader in the progressive movement. She’ll be the first Black, queer woman to serve in that role.

“I’m honored and ready to lead HRC — and our more than three million member-advocates — as we continue working to achieve equality and liberation for all Lesbian, Gay, Bisexual, Transgender, and Queer people,” Robinson said. “This is a pivotal moment in our movement for equality for LGBTQ+ people. We, particularly our trans and BIPOC communities, are quite literally in the fight for our lives and facing unprecedented threats that seek to destroy us.”

Kelley Robinson IS NAMED as The next human rights Campaign president

The next Human Rights Campaign president is named as Democrats are performing well in polls in the mid-term elections after the U.S. Supreme Court overturned Roe v. Wade, leaving an opening for the LGBTQ group to play a key role amid fears LGBTQ rights are next on the chopping block.

“The overturning of Roe v. Wade reminds us we are just one Supreme Court decision away from losing fundamental freedoms including the freedom to marry, voting rights, and privacy,” Robinson said. “We are facing a generational opportunity to rise to these challenges and create real, sustainable change. I believe that working together this change is possible right now. This next chapter of the Human Rights Campaign is about getting to freedom and liberation without any exceptions — and today I am making a promise and commitment to carry this work forward.”

The Human Rights Campaign announces its next president after a nearly year-long search process after the board of directors terminated its former president Alphonso David when he was ensnared in the sexual misconduct scandal that led former New York Gov. Andrew Cuomo to resign. David has denied wrongdoing and filed a lawsuit against the LGBTQ group alleging racial discrimination.

Kelley Robinson, Planned Parenthood, Cathy Chu, SMYAL, Supporting and Mentoring Youth Advocates and Leaders, Amy Nelson, Whitman-Walker Health, Sheroes of the Movement, Mayor's office of GLBT Affairs, gay news, Washington Blade
Kelley Robinson, seen here with Cathy Chu of SMYAL and Amy Nelson of Whitman-Walker Health, is the next Human Rights Campaign president. (Washington Blade photo by Michael Key)
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