News
It’s official: Senate confirms Brett Kavanaugh to Supreme Court
Vote narrowest in history for seating of justice to high court
With Vice President Mike Pence presiding over the chamber in case his constitutional duty to break tie votes was required, the Senate voted 50-48 to confirm Kavanaugh.
The Senate confirmed Kavanaugh despite multiple allegations the nominee committed sexual assault. Christine Blasey Ford testified before the Senate a teenaged Kavanaugh sexually assaulted her in 1982 when she was 15 years old. Kavanaugh also faced accusations of perjury based on his testimony, including his assertion the meaning of “Devil’s Triangle” and “boofed” in his high school yearbook entry weren’t sexually related terms.
Other critics said his response to the accusations in his testimony before the Senate, including an assertion it was a result of “revenge of the Clintons,” demonstrated a lack of judicial temperament and made him unfit for the Supreme Court.
The vote was largely along party lines, although Sen. Joe Manchin (D-W-Va.) broke with Democrats to vote in favor of nomination. Sen. Lisa Murkowski (R-Alaska) came out against Kavanaugh’s confirmation, but voted “present” on the confirmation vote in the spirit of comity because Sen. Steve Daines (R-Mont.) absent because he was attending his daughter’s wedding.
Sen. Susan Collins (R-Maine), a supporter of LGBT rights who was a champion of “Don’t Ask, Don’t Tell” and the Employment Non-Discrimination Act, was thought to be a potential “no” vote on Kavanaugh, but declared her support for the nominee Friday.
The margin was the narrowest ever in history for the confirmation of a justice to the Supreme Court, beating the 52-48 vote in 1991 to confirm U.S. Associate Justice Clarence Thomas.
Raj Shah, a White House spokesperson, said in a statement the Trump administration would waste no time in seating Kavanaugh and arrange his swearing-in the day of his confirmation vote.
āThe White House applauds the Senate for confirming President Trumpās nominee Judge Brett Kavanaugh to the Supreme Court,” Shah said. “Later today, the President will sign his commission of appointment and he will be officially sworn in.ā
According to the Associated Press, U.S. Chief Justice John Roberts and former U.S. Associate Justice Anthony Kennedy would swear in Kavanaugh to the Supreme Court.
Progressive and LGBT groups, who opposed Kavanaugh since he was nominated out of fears he’d rollback LGBT rights and overturn Roe v. Wade, were indignant over the Senate approving his nomination.
Shannon Minter, legal director for the National Center for Lesbian Rights, said in a statement the confirmation was “a slap in the face to women and all sexual assault survivors.”
“It is also a blow to the legitimacy of the Supreme Court,” Minter said. “Kavanaughās belligerence and hyperpartisan attacks at last weekās hearing do not reflect the temperament or impartiality required for a lifetime appointment to our nationās highest court.”
Kavanaugh now takes the seat on the Supreme Court formerly occupied by Kennedy, who was known as a moderate, dwing justice and wrote four major milestone decisions in favor of gay rights, including the 2015 ruling for marriage equality nationwide.
During his time as a judge on the U.S. Circuit Court of Appeals for the Federal Circuit, Kavanaugh wasn’t asked to deliver any rulings on LGBT rights. However, his inclusion on Trump’s list of potential Supreme Court nominees, chosen by the Federalist Society and the Heritage Foundation, cast doubt he would the interpret the law favorably for LGBT rights.
Stan Sloan, CEO of the Family Equality Council, articulated in a statement the concerns felt by LGBT rights supporters over Kavanaugh’s confirmation.
āToday, we recognize the deep disappointment and fear many Americans are feeling, and acknowledge the specific fears of the LGBTQ community as the Justice joining the Supreme Court has a record that indicates he would undercut our rights, uphold discrimination against our community, and allow President Trumpās anti-LGBTQ agenda to withstand judicial scrutiny,” Sloan said.
Many LGBT right supporters have raised concerns Kavanaugh will be the deciding vote reversing Kennedy’s landmark decisions on LGBT rights, including the decision for marriage equality nationwide. Kavanaugh’s responses on LGBT rights during his confirmation hearing left LGBT legal experts wholly unsatisfied.
The chances of reversing Obergefell three years after the court issued the decision may be slim, but marriage equality is but one issue Kavanaugh could face as a justice. Other LGBT-related cases that may come to Supreme Court with Kavanaugh on the bench including litigation challenging President Trumpās transgender military ban, whether federal civil laws against sex discrimination applies to LGBT people and whether āreligious freedomā affords a right for individuals and businesses to discriminate against LGBT people.
Mara Keisling, executive director of the National Center for Transgender Equality, said in a statement the confirmation was a “moral failure” on the part of the Senate.
“Justice Kavanaugh is a direct threat to the well-being of 2 million transgender people, and his confirmation is an insult to the millions of people who have survived sexual assault,” Keisling said. “Every time the Supreme Court strips more rights away, survivors will receive a painful reminder that decisions about their lives are being made by people who have been credibly accused of sexual assault.”
With Kavanaugh seated, many progressives are hoping outrage over the confirmation will contribute to the energy driving an expected “blue” wave at the polls in the upcoming congressional mid-term elections. However, new signs have indicated the Kavanaugh confirmation process has also generated a backlash among Republican voters, who are now telling pollsters they’re also energized.
Chad Griffin, president of the Human Rights Campaign, said in a statement the “harmful consequences of the Senateās decision to support Brett Kavanaugh will last decades” and urged voters to make their objections heard at the polls.
“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 Trump-Pence 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
Kavanaugh may not be out of the woods even though he was confirmed to the Supreme Court. Rep. Jerrold Nadler (D-N.Y.), top Democrat on the House Judiciary Committee, has indicated a Democratic majority in the House would further investigate sexual assault and perjury allegations against Kavanaugh, which could result in impeachment proceedings.
Sarah Kate Ellis, CEO of GLAAD, said in a statement voters should head to the polls to November to contain and reverse the Kavanaugh confirmation and the Trump administration.
āBrett Kavanaugh has been granted the opportunity to ensconce President Trump and Vice President Penceās hate-fueled anti-LGBTQ agenda on the nationās top court for decades to come, threatening the hard-won rights of women, LGBTQ people, immigrants, and all vulnerable people,ā Ellis said. āWe must turn our attention to the ballot box in November to protect and preserve our most deeply held American values, and resist the tyranny of the Trump Administration.ā
The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.
Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City.
He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.
Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.
Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.
The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.
Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.
The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.
“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”
Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.
Cifuentes is now the client services manager for Lawyers for Good Government’s Project CorazĆ³n, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.
“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”
West Virginia
Appeals court strikes down W.Va. transgender athlete ban
Ruling finds law violates studentsā constitutional rights, Title IX
BY LORI KERSEYĀ | The 4th U.S. Circuit Court of Appeals has struck down West Virginiaās ban on transgender athletes, finding the law violates trans studentsā rights under the Equal Protection Clause of the constitution and Title IX, a federal civil rights law prohibiting discrimination based on sex in education programs.
The case, B.P.J. vs. the West Virginia Board of Education, was filed in May 2021 on behalf of Becky Pepper-Jackson, a 13-year-old trans middle school student and track athlete who would be barred from participating if the ban is upheld. Pepper-Jackson is represented by the American Civil Liberties Union, the American Civil Liberties Union of West Virginia and Lambda Legal.
In April 2021, West Virginia Gov. Jim Justice signed into law a bill prohibiting trans women and girls in the state from participating in sports that align with their gender identity. The U.S. Court of Appeals in February 2023 blocked the state from removing Pepper-Jackson from her schoolās track and field team as legal advocates appealed a lower courtās ruling upholding the ban.
In Tuesdayās ruling, Judge Toby Heytens wrote that offering Pepper-Jackson the āchoiceā between not participating in sports and participating only on boys teams is not a real choice.
āThe defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy,ā the judge wrote.
āBy participating on boys teams, B.P.J. would be sharing the field with boys who are larger, stronger, and faster than her because of the elevated levels of circulating testosterone she lacks,ā he wrote. āThe Act thus exposes B.P.J. to the very harms Title IX is meant to prevent by effectively āexclud[ing]ā her from āparticipation inā all non-coed sports entirely.ā
In a statement Tuesday, Joshua Block, senior staff attorney for the ACLUās LGBTQ and HIV Project, called the courtās ruling āa tremendous victory for our client, transgender West Virginians and the freedom of all youth to play as who they are.ā
āIt also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be,ā Block wrote. āThis case is fundamentally about the equality of transgender youth in our schools and our communities and weāre thankful the 4th Circuit agreed.ā
āWe hope todayās ruling sends a message of hope to the trans youth of West Virginia,ā Aubrey Sparks, legal director of the ACLU of West Virginia, said in the statement. āAnd a message of warning to politicians who continue to dehumanize this vulnerable population.ā
West Virginia is one of 21 states that have banned trans student-athletes over the last three years, according to the ACLU.
In a statement Tuesday, West Virginia Attorney General Patrick Morrisey vowed to defend the ban and said he is ādeeply disappointedā in the decision.
āThe Save Womenās Sports Act is āconstitutionally permissibleā and the law complies with Title IX,ā Morrisey said. āI will keep fighting to safeguard Title IX. We must keep working to protect womenās sports so that womenās safety is secured and girls have a truly fair playing field. We know the law is correct and will use every available tool to defend it.ā
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Lori Kersey is a reporter with a decade of experience reporting in West Virginia. She covers state government for West Virginia Watch.
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The preceding article was previously published by the West Virginia Watch and is republished with permission.
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West Virginia Watch is part of States Newsroom, the nationās largest state-focused nonprofit news organization.
News
News is Out, Word In Black and Comcast NBCUniversalĀ welcome 16 journalism fellows to cover Black and LGBTQ+ communities
The fellows will receive best practices, learnings and mentorship from journalists and media professionals at News is Out, Word In Black and NBCUniversal.
Today, News is Out and Word In Black, together announced the 16 fellows selected for The Digital Equity Local Voices Lab, a new initiative powered by Comcast NBCUniversal to place journalists at 16 Black and LGBTQ+ serving news publications across the country. During the year-long fellowship, the group will receive the training and resources needed to tell stories within marginalized communities through media and technology and celebrate the work being done by Black and LGBTQ+ leaders in their communities.
āThrough Project UP, we are proud to donate $1 million to launch this unique, first-of-its-kind program that will support coverage of Black and LGBTQ+ topics in the media as well as emerging journalists with a passion for reporting on issues of importance to these communities,ā said Dalila Wilson-Scott, EVP and Chief Diversity Officer, Comcast Corporation and President, Comcast NBCUniversal Foundation.
āComcast is one of the earliest corporate leaders in LGBTQ+ inclusion, so it should come as no surprise that they understand the value of local LGBTQ+ media,ā said Mark Segal, founder of the Philadelphia Gay News and member of News is Out. āTheir investment in our growth is also an investment in the future leadership of LGBT media and intersectional LGBTQ+ media.ā
The fellows will receive best practices, learnings and mentorship from journalists and media professionals at News is Out, Word In Black and NBCUniversal.Ā In addition, they will report on stories of Black and LGBTQ+ entrepreneurs and creatives in their communities, share training and resources on using technology more in their daily lives, report on policy related to technological access and connectivity, and share the work being done to advance digital equity.
āI am excited to be a part of a fellowship that is specifically geared toward the promotion of diversity, inclusivity and intersectionality,ā said Davi B. Ulloa-Estrada, News is Out and Philadelphia Gay News fellow. āWe are missing such crucial and different perspectives on world issues, so I look forward to being a part of this project.ā
āThis fellowship program is the epitome of what journalism means to me ā using innovation and creativity to fuel a passion for multimedia storytelling and uplift the voice and perspective of the overlooked,ā said Word In Black and Washington Informer fellow, Jada Ingleton. āIt means so much to know that Iāll be in a position to produce stories that could enact change and affect lives the same way generations of journalists impacted mine.āĀ
The Local Media Foundation (LMF) is managing the fellowship and Lab and facilitating content creation to reach diverse audiences between the 16 publishers, Comcast NBCUniversal andĀ NBCU Academy. Word In Black and News is Out are collaboratives that were launched by LMF.Ā
The 16 fellows are:
- Megan Sayles, AFRO News (Baltimore)
- Menra Mapfumo, The Atlanta Voice (Atlanta)
- J.L. Odom, Bay Area Reporter (San Francisco)
- Melissa Whitler, Dallas Voice (Dallas)
- Marlissa Collier, Dallas Weekly (Dallas)
- ReShonda Tate, Houston Defender (Houston)
- Ebony āJJā Curry, Michigan Chronicle (Detroit)
- Leah Mallory, New York Amsterdam News (New York City)
- Davi B. Ulloa-Estrada, Philadelphia Gay News (Philadelphia)
- Christine Shelby, The Sacramento Observer (Sacramento)
- Kira Doyle, Seattle Medium (Seattle)
- Devored Horton, The St. Louis American (St. Louis)
- Victoria F. Vega, Tagg Magazine (National)
- Henry Carnell, Washington Blade (Washington, D.C.)
- Jada Ingleton, The Washington Informer (Washington, D.C.)
- Lu Calzada, Windy City Times (Chicago)
In February, the three organizations announced the launch of The Digital Equity Local Voices Lab and application period. The Lab is part of Project UP, Comcastās $1 billion initiative to connect people to the Internet and advance digital equity and economic mobility through programs and community partnerships that open doors for the next generation of innovators, entrepreneurs, storytellers, and creators across Comcast, NBCUniversal, and Sky.
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