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Susan Collins lambasted by LGBT groups for Kavanaugh support

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Susan Collins, Victory Fund, Senate

Juror Non-Discrimination Act, Susan Collins, Senate, Victory Fund, Republican

Sen. Susan Collins (R-Maine) declared her Brett Kavanaugh support in a Senate floor speech. (Washington Blade file photo by Michael Key)

Sen. Susan Collins (R-Maine) faced harsh criticism from LGBT rights groups on Friday for her declaration she’d vote to confirm Brett Kavanaugh to the U.S. Supreme Court.

Chad Griffin, president of the Human Rights Campaign, said in a statement “we are deeply disappointed in Sen. Collins today” after her speech on the Senate floor affirming support for Kavanaugh.

“In one of the most consequential vote of her lifetime ā€” and of her constituentsā€™ lifetimes ā€” she has opted to back a dangerous, unqualified nominee who repeatedly lied under oath and has multiple credible allegations of sexual assault,ā€ Griffin said. ā€œThe harmful consequences of Sen. Collinsā€™ decision to support Brett Kavanaugh will last decades.”

With Collins’ support, Kavanaugh has the necessary votes for confirmation to the U.S. Supreme Court. Sen. Joe Manchin (D-W.Va.), another undecided senator, declared he’d vote for Kavanaugh shortly after Collins’ speech.

Griffin urged voters to demonstrate their anger with Collins by taking to the polls in the congressional mid-term elections and voting out senators who support Kavanaugh.

“In the wake of this news, there is only one course of action,” Griffin said. “The millions of Americans who have fought a valiant struggle against this despicable nominee must make their voices heard in November and beyond by electing lawmakers who will stand up for our rights rather than sell us out.ā€

In years past, the Human Rights Campaign has endorsed Collins when she was up for re-election and faced Democratic challengers because of her support for LGBT rights initiatives, including “Don’t Ask, Don’t Tell” repeal and the Employment Non-Discrimination Act. It’s hard to see how that support will continue in the Kavanaugh vote.

Collins declared in a floor speech she “will vote to confirm Judge Kavanaugh” hours after she was among the 51 senators to vote for cloture to allow the Senate to move forward with the nomination.

In response to Christine Blasey Ford’s Senate testimony asserting a 17-year-old Kavanaugh sexually assaulted her in 1982 when she was a teenager, Collins said the accusation isn’t enough to preclude the nominee from sitting on the Supreme Court.

“Fairness would dictate that the claims at least should meet the threshold of ‘more likely than not’ as our standard,” Collins said. “The facts presented do not mean the Professor Ford was not sexually assaulted that night or at some other time, but they do lead me to conclude that the allegations fail to meet the ‘more likely than not’ standard. Therefore, I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court.”

Amid concerns Kavanaugh would vote to reverse the 2015 U.S. Supreme Court for marriage equality, Collins said Kavanaugh indicated he wouldn’t overturn the decision in his confirmation hearing. (LGBT legal experts have said his responses were wholly unsatisfying.)

“Others I’ve met with have expressed concerns that Justice Kennedy’s retirement threatens the right of same-sex couples to marry,” Collins said. “Yet Judge Kavanaugh described the Obergefell decision, which legalized same-gender marriages, as an important landmark precedent. He also cited Justice Kennedy’s recent Masterpiece Cakeshop opinion for the court’s majority, stating that, ‘The days of treating gay and lesbian Americans or and gay and lesbian couples as second-class citizens who are inferior in dignity and worth are over in the Supreme Court.'”

Marriage equality is but one LGBT rights issue. Other LGBT-related cases that may come to Supreme Court with Kavanaugh on the bench including litigation challenging President Trump’s transgender military ban, whether federal civil laws against sex discrimination applies to LGBT people and whether “religious freedom” affords a right for individuals and businesses to discriminate against LGBT people.

Sharon McGowan, legal director for Lambda Legal, also criticized Collins, saying the senator’s rationale for supporting Kavanaugh ranges “from naĆÆve to disingenuous” and “can only be described as magical thinking.”

“Furthermore, her discrediting of Dr. Christine Blasey Fordā€™s (and othersā€™) allegations against Brett Kavanaugh speaks far more loudly than the empty words she offered in support of sexual assault survivors, and her reliance on an incomplete and politically manipulated investigation to justify her decision was shameful,” McGowan said. “By relying on fantasy instead of fact, and by putting party ahead of people, Sen. Collins is apparently willing to ignore the overwhelming majority of Mainers who have urged her to oppose this nomination in order to avoid the ire of Republican Party bosses and the White House.”

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy ā€œthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā€

Moore on Thursday also signed House Bill 1386, which GLSEN notes will ā€œdevelop guidelines for an anti-bias training program for school employees.ā€

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā 

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administrationĀ last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states ā€” Oklahoma, Louisiana, Florida, and South Carolina ā€” have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a ā€œright to bullyā€ transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools ā€œshould not alter policies or procedures at this time.ā€ Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX ā€œwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā€ apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donā€™t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, ā€œWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā€

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to ā€œgaslighting the country into believing that biological sex no longer has any meaning.ā€ 

Governor Ron DeSantis approved of the letter and stated that Florida ā€œwill not comply.ā€ Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donā€™t Say Gay or Trans” law that was used to force a trans female teacher to go by ā€œMr.ā€

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role ā€œto improve school safety,ā€ and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations ā€œclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā€ The Human Rights Campaign also praised the rule, stating, ā€œrule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā€

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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