Connect with us

Opinions

Even in defeat, Trump has already won

Effort to pack courts with right-wing judges bears early fruit

Published

on

As progressives celebrate Donald Trump’s defeat and the end of an anti-LGBTQ administration, the cold, hard reality of his damaging four-year tenure hit home last week.

A three-judge panel on the U.S. Eleventh Circuit Court of Appeals in Atlanta ruled that bans on conversion therapy for youth in Boca Raton and Palm Beach violate freedom of speech protections under the First Amendment.

The surprise ruling represents a major setback for the movement to ban so-called “conversion therapy,” the absurd and widely discredited practice of attempting to change someone’s sexual orientation or gender identity. It also illustrates that while Trump’s disastrous three Supreme Court picks are bad, his effort to pack lower courts with right-wing ideologues could be worse.

The Eleventh Circuit ruling was a 2-1 decision; both judges who voted to overturn the bans are Trump appointees. Conversion therapy for youth is banned in D.C., Puerto Rico and 20 states. The result of this decision could imperil conversion therapy bans across the country.

Because of the decision, any state or municipality within the jurisdiction — which includes Alabama, Georgia, and Florida — would be unable to enact bans on conversion therapy. Existing bans on conversion therapy in Florida — which are found in two dozen municipalities, including Miami, Tampa, and Wilton Manors — are unconstitutional, as the Blade reported last week.

Legal experts are already warning not to pursue an appeal to the U.S. Supreme Court, due to its new 6-3 conservative majority. Shannon Minter, legal director of the National Center for Lesbian Rights, told the Blade: “I do not think this issue is ripe for Supreme Court review. Today’s ruling is an outlier by two Trump-appointed judges. As the dissent points out, the decision is not well grounded in precedent and ignores what the dissent rightly describes as a ‘mountain of rigorous evidence’ that conversion therapy puts minors at risk of serious harms.”

Trump has appointed about a quarter of all active federal judges in the United States, according to a study by the Pew Research Center, which noted that 85 percent of those picks were white. Although President Obama appointed a higher percentage of federal judges in eight years, Pew notes: “Trump, however, stands out for his unusually large number of appeals court judges — the powerful regional jurists who have the final word on most appeals that do not end up in the Supreme Court.”

Meanwhile, in her first week as a Supreme Court justice, Amy Coney Barrett heard her first LGBTQ-related case. In the case of Fulton v. City of Philadelphia, Catholic Social Services argues a First Amendment right to refuse to place children with same-sex couples, despite the city’s laws barring anti-LGBTQ discrimination. Oral arguments didn’t go well for the city. As the Blade reported: “During oral arguments, conservative justices — displaying open animosity toward non-discrimination rules for religious institutions — seemed poised to rule to allow Catholic Social Services to reject LGBTQ couples in foster care services.”

It’s hard to overstate the negative impact of a bad decision in Fulton, which would trigger an avalanche of discrimination against not just LGBTQ Americans, but religious and racial minorities, in areas of life from housing to hospitals.

It may well turn out that 2020 wasn’t the most important election of our lifetime, as many insisted. Instead, that distinction belongs to 2016. Hillary Clinton’s loss will reverberate for decades to come as Trump’s right-wing judges roll back the hard-fought progress of the LGBTQ movement. Today, it’s adoption rights in Philadelphia. Tomorrow, it will undoubtedly be the Obergefell marriage ruling in the crosshairs as the court moves to create the “skim milk marriage” that Ruth Bader Ginsburg warned about.

Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Commentary

Washington Blade responds to concerns over White House pool duties

Inaccurate media reports create confusion but we stand with our colleagues

Published

on

A photo from inside the White House on Monday. (Washington Blade photo by Joe Reberkenny)

Last week, President Trump announced his unconstitutional ban of CNN, MSNow, and Politico from the White House. Coincidentally, on Monday, it was the Washington Blade’s turn to serve as the print pool reporter on duty covering the president’s actions that day. This important responsibility is shared and rotated among the print members with each serving roughly once per month. The Blade is the only LGBTQ outlet with a seat in the briefing room, a slot in the pool rotation, and membership in the White House Correspondents’ Association, something we fought for decades to secure after enduring years of discrimination, ridicule, and resistance to openly queer journalists working inside the White House. We take our responsibilities there seriously. 

There are two pools that cover the president: broadcast and print. The other four members of the broadcast pool — ABC, CBS, NBC, and Fox News — agreed to boycott their pool duties. There has been no boycott among the print pool, which is a separate entity. I called the president of the White House Correspondents’ Association on Monday to confirm that no outlets in the print pool were boycotting. 

A boycott by the Blade would set us back and lead to our expulsion from the pool and briefing room and our replacement by a right-wing outlet sympathetic to President Trump’s approach to attacking the media. The LGBTQ community is far better served with the Blade in the room than a far-right blogger taking our seat.

Let’s be clear: the Blade stands for diversity, equity, and inclusion and we stand for the First Amendment and freedom of the press. In solidarity with the broadcast pool, we made two important decisions on Monday — the first day anyone had to think about any of this. First, we refused to take or share any videos or still photos of the president, which would have undermined the broadcast boycott. Second, when Politico’s turn comes up for pool duty in mid-October, the Blade will not fill in and cover for them while they are banned. Politico must be readmitted and allowed to do their job. 

After a rough day navigating and reporting on all of this, the Advocate published a reckless and inaccurate story suggesting that the Blade had crossed a picket line. Not true, as there is no print pool boycott. They claimed that I wouldn’t talk to their reporter. Also not true. I called their reporter within 90 minutes of receiving his message and he didn’t take the call or call me back. Their story named me and our White House reporter, immediately exposing us to public criticism and worse. The environment in D.C. is so toxic and even violent these days that subjecting our staff to unfair and false accusations like this invites harassment, doxxing, and worse. To do that without even talking to us is next level irresponsible and the antithesis of journalism.

On Tuesday, I talked to two reporters and an editor at the Advocate but they refused to retract anything in their inaccurate story. If the reporter had returned my call, I could have explained all of this but they are more concerned with clickbait and sensational headlines, a dangerous practice in these troubled times. 

Back to the pool. The Blade was in the briefing room in the Reagan era, when Press Secretary Larry Speakes made jokes about AIDS and the reporters in the room laughed out loud. We endured all of that abuse and worse for decades, always standing in the back of the room and never being called on. The Blade’s journalists persevered. When President George W. Bush was re-elected in 2004, the Blade’s White House credentials were revoked amid an earlier press crackdown. Notably, no one boycotted or stood up for us. When Barack Obama won election in 2008, I received an email from his communications director informing me that effective midnight on Jan. 20, 2009, the Blade’s credentials would be restored. 

So we have had quite a ride navigating administrations and their changing requirements for gaining access but always playing the long game. As Barney Frank used to say, “If you’re not at the table, then you’re probably on the menu.” The Blade is at the table and we do our best to ensure the LGBTQ community’s issues are addressed by both parties. 

Thanks for reading and supporting the Blade’s work. If you have questions about our approach, you can reach me at [email protected].  


Kevin Naff is editor of the Washington Blade. Reach him at [email protected].

Continue Reading

Opinions

Young people should know history of the fight for human rights

Trump is working to erase contributions of marginalized people

Published

on

From left, Rep. Bella Abzug (D-N.Y), Frank Kameny and Rep. Shirley Chisholm (D-N.Y.). (Photos of Abzug and Chisholm public domain; Washington Blade archive photo of Kameny)

When talking with otherwise really smart young people, I am amazed how little knowledge many of them have about the fight for human rights in the United States. Our country was founded by white men, who didn’t think about giving full rights to Black Americans, women, the LGBTQ community (what they knew of it, or called it). They wrote in the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” But that referred to all white men, and intentionally didn’t mention women. For 250 years, the country has been trying to make up for that, and making progress in fits and starts. We have yet to fully succeed. Today the felon, and his fascist aides, in the White House, are working daily to take us backwards. 

For that reason alone, it is important for younger generations to understand the fight for human rights, know who was fighting for those rights, and understand it is an ongoing fight. Often, when listening to some millennials speak, one would think the world began with them. They either forgot, or never learned, about all those who fought for the rights they now have. I realize this was true for previous generations as well. In 2016 I co-hosted a fundraiser for Pete Buttigieg during his run for president. He is an undeniably brilliant guy. Yet when he spoke of marriage equality, he just thanked Justice Kennedy for it. I reminded him after he spoke, while it’s nice to thank Kennedy for his vote, it shouldn’t be done without acknowledging the many activists who worked for decades, to get to the point that allowed Kennedy to cast that vote. In the same way it was clear to me during the Hillary Clinton campaign for president, many young women didn’t understand the work many of their own mothers had done, to fight for their right to control their own healthcare, and women’s rights in general. They took for granted the rights they had. Now, after losing some of them, many will realize the fight for their rights is never-ending. 

When I speak to younger members of the LGBTQ community, I am amazed how many don’t know the history of the AIDS epidemic, many thinking it was always a disease you could deal with by taking medication. They don’t understand the work so many activists did to bring attention to this devastating disease, and get the healthcare so many needed. Those like Cleve Jones, Larry Kramer, Dr. Anthony Fauci, and so many others. Recently, I realized how many young women don’t know the names of Gloria Steinem, Betty Friedan, Shirley Chisholm, Bella Abzug — women who fought for their rights. And this is just recent history, no less knowing about the Suffragettes, the strong women who fought for their right to vote. I’ve met young women who don’t know what the ERA is, and others who think it passed. Many don’t know the nation couldn’t get 38 states to approve an amendment to include them in the Constitution. The same for young members of the LGBTQ community who don’t know what the Equality Act is. Others think it passed, and are shocked when told it didn’t and in 27 states, they can be married on Sunday, and kicked out of their home, and fired from their job, on Monday. They don’t know names like Frank Kameny, Harvey Milk, Barney Frank, or the history of the Mattachine Society, or the Stonewall Riots.

Our current president is trying to wipe out all this history, and reverse any progress that has been made. Knowing this, it makes it even more important for school systems across the nation to fight to educate our children. We should ensure no child can graduate high school, without taking a course called “The 250-year fight for human rights in the United States.” They need to understand the history, and learn about the people who fought for their rights. They need to know how far we have come in 250 years, and understand, as we begin the next 250, how far we still have to go, to ensure real, full equality, for all.


Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist.

Continue Reading

Commentary

What LGBTQ veterans are building after ‘Don’t Ask, Don’t Tell’

DADT repeal took effect on Sept. 20, 2011. Trans servicemember ban reinstated

Published

on

The Pentagon (Photo by icholakov/Bigstock)

Fifteen years ago this month, the repeal of “Don’t Ask, Don’t Tell” took effect. At the time, the importance of the change was obvious: gay, lesbian, and bisexual Americans would no longer have to hide who they were to wear the uniform. What was harder to see was what would follow: a generation of LGBTQ veterans able to carry their service openly into American civic life.

Earlier this month, Alaska state Rep. Andrew Gray, an Army veteran, stood before the Anchorage Assembly and asked the city to recognize Sept. 20 as LGBTQ Veterans Day.

His former command sergeant major, Mike Grunst, followed him to the microphone. A 35-year veteran who had served in combat, Grunst called troops who had served while hiding who they were “the bravest I have ever served with.”

Then Denise Sudbeck stepped forward. A Vietnam-era Navy veteran, she thanked the country for the privilege of serving and asked that the next generation have the same chance.

The Assembly approved the recognition.

Nothing about the scene required a new vocabulary. A veteran made a request of his community. A commander vouched for those who served beside him. Another veteran asked that younger Americans inherit the opportunity she valued. They entered the civic record simply as veterans.

That identity can do more than win recognition.

When federal policy abruptly ended the careers of transgender servicemembers this year, veterans and servicemembers in California began asking a practical question: What happens when those Americans come home?

Republican Assemblyman Jeff Gonzalez, a Marine combat veteran, began one hearing with questions about transgender military service. He listened as veterans explained how the military handles medical care and deployment case by case.

Then the discussion turned to separation.

“I don’t wanna see any veteran homeless,” Gonzalez said. Before the hearing ended, he was asking: “How can I help? How can I understand? How can I be a good advocate?”

The legislation that followed would provide housing, employment and transition assistance to discharged servicemembers. Republican state Sen. Shannon Grove spoke for it. The Senate passed it 32 to 0.

Americans have plainly not settled their disagreements over transgender people. Nor should military service be a prerequisite for rights that belong to every citizen.

But military service creates relationships that are difficult to reduce to the abstractions of the culture war. Before a legislature, “the transgender issue” can become a veteran who deployed, an officer who led troops, or the person who once stood beside you.

The political question changes because the human relationship has already changed.

The pattern is beginning to appear across the country. Kansas is among the states recognizing LGBTQ Veterans Day for the first time this year. New York and Virginia are pursuing broader state-level programs for LGBTQ veterans.

Sept. 20 is deliberate. On that day in 2011, “Don’t Ask, Don’t Tell” ended.

We usually remember repeal for what LGBTQ Americans gained: the ability to serve openly. Fifteen years later, we can also see what the country gained.

A gay veteran can stand before his local government beside the commander who once led him. A transgender servicemember can sit before a legislator who begins with doubts and ends by asking how he can help. A veteran from an older generation can ask her neighbors to give those who follow her the same chance to serve.

This is citizenship in practice.

The enduring legacy of “Don’t Ask, Don’t Tell” repeal is not only that Americans were finally allowed to serve openly. It is also what they can now build after coming home.

Continue Reading

Popular