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Gohmert: Supreme Court ruling for trans people will create ’great dictators’

Texas lawmaker fear-mongers over First Amendment

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Rep. Louie Gohmert (photo by Gage Skimore via Wikimedia Commons)

Rep. Louie Gohmert (R-Texas) had dire predictions Saturday about the fate of the republic if the Supreme Court delivers a victory for transgender people in the pending Title VII cases.

Gohmert, a notorious and longtime opponent of LGBT rights, said the decision would lead to “such obscurity for right and wrong that it will chaos,” and transgender advocates seeking the ruling “think of out of chaos will come these great dictators.”

“Employers, the government…argue that the plaintiff’s reading of Title VII would so expand the concept of sex that employers would not know to comply and courts would not know how to enforce it,” Gohmert said.

Gohmert made the comments during a speech at the Values Voter Summit, an annual social conservative confab in D.C. hosted by the anti-LGBT Family Research Council. His wide-ranging remarks emphasized religiosity, reminisced about the greatness of American figures like George Washington and praised the Ten Commandants.

The Texas lawmaker made a special point to talk about a case the Supreme Court heard this week, EEOC v. Harris Funeral Homes. The litigations seeks restitution for Aimee Stephens, a transgender woman who was fired from her job at Harris Funeral Homes after she announced she’d transition.

The litigation, along with Zarda v. Altitude Express and Bostock v. Clayton County, will determine whether anti-LGBT discrimination is a form of sex discrimination, therefore prohibited under Title VII of the Civil Rights Act of 1964.

But the way Gohmert tells it, Stephens “ends up being let go” at Harris Funeral Homes “because he was violating their policies, and this is before the Supreme Court.” (Notably, Gohmert refused to refer to Stephens by the pronouns with which she identifies.)

Gohmert also praised U.S. Associate Justice Neil Gorsuch, noting the justice during arguments brought up a question on whether a ruling for transgender people will lead to “massive social upheaval.”

“Judge Gorsuch understood,” Gohmert said. “Judge Gorsuch said – asked this question: He says, ‘At the end of the day should he or she take into consideration the massive social upheaval that would be entailed in such a decision, in forcing people to recognizen someone for being them sex that they say they are at that moment?’ Anyway, he says, that is, in fact, more appropriate for a legislative than judicial function.”

While it’s true Gorsuch asked a question on potential “massive social upheaval,” the justice also suggested the pro-transgender side had the better statutory argument in the case. Several times, Gorsuch asked whether the concept of sex is in play in cases of anti-LGBT discrimination. That line of questioning lead to speculation he may rule for LGBT workers.

But Gohmert wasn’t done fear-mongering about a transgender win at the Supreme Court. If transgender workers are assured non-discrimination protections in the workplace, Gohmert said “that first part of the First Amendment will be gone.”

“You will not have the freedom to believe what Moses and Jesus said about sexuality,” Gohmert said. “That will be gone. You will be deemed a hater. You will be deemed to be mean-spirited when you have nothing but love for your fellow man but you know right and wrong, you’ve learned that.”

Further, Gohmert criticized the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act, a law enacted in 2009 (which the lawmaker vigorously opposed at the time) to institute federal penalties for hate crimes against LGBT people.

Gohmert predicted if the law “is not changed — I said it back when it wasbeing brought up, if this passes — someday it’ll be used to prosecute Christian ministers for reading from the Bible.”

“And they thought I was talking about homosexuality,” Gohmert said. “I didn’t want to give them any ideas, but what I had in my mind back then was someday they’re going to come after Christians for saying Jesus said I’m the way the truth and the life. No one goes to the Father but by me. That’s hateful, that’s mean-spirited!”

Gohmert’s comments ignore the protections for religion and speech under the First Amendment, which were emphasized in an amendment included as part of the hate crimes legislation. At the time, advocates for the law said ministers won’t be punished for speech under the law unless they’re committing a violent act against an LGBT person as they speak.

Gillian Branstetter, a spokesperson for the National Center for Transgender Equality, said Gohmert’s concerns about “great dictators” are better focused on President Trump than transgender people.

“The rights of transgender people under Title VII are the result of two decades of federal court rulings, and 21 states have laws banning gender identity bias explicitly,” Branstetter said. “A decision in favor of trans workers in this case would do nothing more than affirm the same rights and opportunities to transgender people nationwide. Unless the Congressman knows something I don’t about our nation’s 2 million transgender people, the closest thing we have to a ‘great dictator’ in this country is our lawless president.”

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Congress

Sens. Butler, Smith introduce Pride in Mental Health Act to aid at-risk LGBTQ youth

Bill is backed by Democrats in both chambers

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U.S. Sen. Laphonza Butler (D-Calif.) speaks at the International LGBTQ Leaders Conference on Nov. 30, 2023. (Washington Blade photo by Michael Key)

U.S. Sens. Laphonza Butler (D-Calif.) and Tina Smith (D-Minn.) introduced the Pride in Mental Health Act on Thursday, legislation that would strengthen resources in mental health and crisis intervention for at-risk LGBTQ youth.

“Accessing mental health care and support has become increasingly difficult in nearly every state in the country,” said Butler, who is the first Black LGBTQ senator. “Barriers get even more difficult if you are a young person who lacks a supportive community or is fearful of being outed, harassed, or threatened.”

“I am introducing the Pride in Mental Health Act to help equip LGBTQ+ youth with the resources to get the affirming and often life-saving care they need,” she said.

“Mental health care is health care,” said Smith. “And for some LGBTQ+ youth, receiving access to the mental health care they need can mean the difference between living in safety and dignity, and suffering alone through discrimination, bullying, and even violence.” 

The Minnesota senator added that data shows LGBTQ students are experiencing “an epidemic” of “anxiety, depression and other serious mental health conditions.”

For example, a 2023 study by The Trevor Project found that 54 percent of LGBTQ youth reported symptoms of depression, compared to 35 percent of their heterosexual counterparts.

Joining the senators as cosponsors are Democratic U.S. Sens. Ed Markey (Mass.), Bob Casey (Penn.), Peter Welch (Vt.), Alex Padilla (Calif.), Jeff Merkley (Ore.), Cory Booker (N.J.), and Tammy Baldwin (Wis.). Baldwin was the first LGBTQ woman elected to the House in 1999 and the first LGBTQ woman elected to the Senate in 2013.

Leading the House version of the bill are LGBTQ Democratic U.S. Reps. Sharice Davids (Kan.), Eric Sorensen (Ill.), and Ritchie Torres (N.Y.), along with 163 other House members.

Organizations that have backed the Pride in Mental Health Act include the Human Rights Campaign, GLSEN, American Academy of Pediatrics, National Education Association (NEA), National Center for Transgender Equality, Seattle Indian Health Board, PFLAG National, The Trevor Project, American Psychological Association, Whitman-Walker Institute, InterACT: Advocates for Intersex Youth, National Alliance on Mental Illness, American Federation of Teachers (AFT), Mental Health America, and Center for Law and Social Policy.

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District of Columbia

D.C. mayor honors 10th anniversary of Team Rayceen Productions

LGBTQ entertainment, advocacy organization praised for ‘vital work’

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Rayceen Pendarvis co-founded Team Rayceen Productions. (Washington Blade photo by Michael Key)

D.C. Mayor Muriel Bowser today issued an official proclamation declaring Monday, March 18, 2024, as Team Rayceen Day in honor of the local LGBTQ entertainment and advocacy organization Team Rayceen Productions named after its co-founder Rayceen Pendarvis.

“Whereas Rayceen, along with Team Rayceen Productions co-founder, Zar, have spent 10 years advocating for the Black LGBTQI+ community using various forms including in-person events, social media, and YouTube,” the proclamation states.

The proclamation adds that through its YouTube Channel, Team Rayceen Productions created a platform for “Black LGBTQIA+ individuals to discuss various topics including spotlighting nonprofit organizations and small businesses, voter registration and participation, the state of LGBTQIA+ rights and resources in D.C, gender equality and equity, and the amplification of opportunities to bring the community together.”

It also praises Team Rayceen Productions for its partnership with the Mayor’s Office of LGBTQ Affairs in helping to produce “exciting events like the District of Pride talent showcase held each June and the iconic 17th Street High Heel Race celebrated in October.”

“Whereas I thank Team Rayceen Productions for its vital and necessary work and am #DCProud to wish you all the best as you continue to support Black LGBTQIA+ residents across all 8 Wards,” the proclamation continues.

“Now, therefore, I, the Mayor of Washington, D.C., do hereby proclaim March 18, 2024, as TEAM RAYCEEN DAY in Washington, D.C. and do commit this observance to all Washingtonians,” it concludes.

“We thank Mayor Bowser for this special proclamation, which highlights where it all began, with the Black LGBTQIA+ community of Washington, D.C,” Team Rayceen Productions says in a statement. “Starting with The Ask Rayceen Show, Reel Affirmation, and events with D.C. Public Library to Art All Night, Silver Pride by Whitman-Walker, and events with the Mayor’s Office of LGBTQ Affairs, we are #dcproud of what we have accomplished in the Nation’s Capital,” the statement says. 

“For TEAM RAYCEEN DAY, we thank the diverse group of individuals who have made everything we have done possible by volunteering their time and talents over the past decade – as online co-hosts, event staff, performers, DJs, photographers, and more,” says the statement.

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U.S. Supreme Court

Supreme Court declines to hear case over drag show at Texas university

Students argue First Amendment protects performance

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The U.S. Supreme Court justices on June 30, 2022. ((Photo by Fred Schilling of the U.S. Supreme Court)

The U.S. Supreme Court on Friday declined to hear a First Amendment case over a public university president’s refusal to allow an LGBTQ student group to host a drag show on campus.

The group’s application was denied without the justices providing their reasoning or issuing dissenting opinions, as is custom for such requests for emergency review.

When plaintiffs sought to organize the drag performance to raise money for suicide prevention in March 2023, West Texas A&M University President Walter Wendler cancelled the event, citing the Bible and other religious texts.

The students sued, arguing the move constituted prior restraint and viewpoint-based discrimination, in violation of the First Amendment. Wendler had called drag shows “derisive, divisive and demoralizing misogyny,” adding that “a harmless drag show” was “not possible.”

The notoriously conservative Judge Matthew Kacsmaryk, who former President Donald Trump appointed to the U.S. District Court for the Northern District of Texas, ruled against the plaintiffs in September, writing that “it is not clearly established that all drag shows are inherently expressive.”

Kacsmaryk further argued that the High Court’s precedent-setting opinions protecting stage performances and establishing that “speech may not be banned on the ground that it expresses ideas that offend” was inconsistent with constitutional interpretation based on “text, history and tradition.”

Plaintiffs appealed to the 5th U.S. Circuit Court of Appeals, which is by far the most conservative of the nation’s 12 appellate circuit courts. They sought emergency review by the Supreme Court because the 5th Circuit refused to fast-track their case, so arguments were scheduled to begin after the date of their drag show.

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