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Opinion | Stolen Supreme Court is an accomplice to crimes against equality

War over ‘sincerely held religious beliefs’ far from over

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LGBTQ rights, gay news, Washington Blade
(Washington Blade file photo by Michael Key)

On Nov. 4, 2020, the tireless fight for LGBTQ rights once again found itself at the mercy of the Supreme Court when justices heard arguments in Fulton v. City of Philadelphia. Two years earlier, the City of Philadelphia cancelled its contract with Catholic Social Services because the foster agency does not screen or consider same-sex couples for child placement, arguing this practice was in violation of the city’s non-discrimination ordinance.

On June 17, 2021 — juxtaposed with Pride month celebrations across the country — the stolen Supreme Court overturned a lower court ruling upholding the city’s decision, giving a nod to bigotry, rekindling the perpetual fight for LGBTQ rights and reaffirming that the current court is a willing accomplice in crimes against equality.

The war being waged against the LGBTQ community under the guise of “sincerely held religious beliefs” is far from over. For years, state legislatures have passed unjust laws allowing businesses and organizations to discriminate against people simply based on who they love. The federal government is also no stranger to demonizing LGBTQ Americans, having long upheld policies like “Don’t Ask, Don’t Tell” and the transgender service member ban. I’m privileged to have played a role in working to overturn these policies that subjected LGBTQ Americans to unfair treatment under the law. Now I’m working to expand the Supreme Court as an extension of that same fight.

LGBTQ Americans have won and defended their rights against the discriminatory tactics employed by state and federal governments, but not without pain and hardship all along the way. For decades, gender and sexual minorities have marched in the streets, amplifying calls for equality and fair treatment under the eyes of the law, yearning for the day when their sexual orientation and gender identity can no longer be leveraged against them as tools of discrimination and hate.

The Fulton ruling is an early warning of the damage barreling toward equality, fairness, and justice at the hands of the hyper-partisan Supreme Court.

While others have (rightly) noted that the decision could have been worse, I take little comfort in that fact. The court’s progressive justices being forced to compromise with bigots to avoid an even more disastrous outcome is a sign of how far we have fallen in just the few short years since the court made marriage equality the law of the land.

Taken together with the court’s previous rulings in Hobby Lobby and Masterpiece Cakeshop, the Fulton ruling sends a clear signal that the court, at a minimum, could wind up killing non-discrimination protections for LGBTQ Americans by a thousand cuts, as it may chip away at non-discrimination protections slowly over time rather than in one fell swoop. The trajectory is cause for deep concern.
We’ve arrived at a dark and critical time in the great experiment of our democracy. The Supreme Court has been stolen, and the rights of millions of Americans are at stake. As of late, conservatives have spared no opportunity to obstruct Americans’ fundamental rights. The stolen Supreme Court is poised to uphold these egregious attacks, subjecting countless Americans to discrimination.

Ultimately, expanding the Supreme Court is the only way to hold the federal government accountable and prevent them from walking our democracy backwards. Unless something is done to reverse the dangerous course we’re on, the current stolen Supreme Court is destined to continue ruling on the wrong side of equality. The rights of every single American are under assault.

The Court also finds itself on the wrong side of the will of the American people. Seventy percent of Americans support marriage equality according to Gallup’s latest Values and Beliefs poll, a number that has trended upwards since the question was first asked in 1996. But instead of following the modernization of beliefs on LGBTQ rights and more, the court has been abused as a means to enshrine minority rule and force primitive beliefs on the American people.

Working at the forefront of both of these issues, court expansion and LGBTQ rights share a common theme — they were both once considered political fringe issues. But the assault on equality and our democracy by conservatives thrust these issues into the political spotlight. “Don’t Ask, Don’t Tell” was repealed, freeing thousands of troops from the shackles of fear that revealing their sexual orientation could earn them a dishonorable discharge. The transgender troop ban was overturned — though the Trump administration temporarily reinstated it in 2019 to score cheap political points with his base. And Obergfell v. Hodges secured marriage equality for every American.

Thanks to that ruling and others that have preserved, protected, and granted equality to LGBTQ Americans, advocates have long viewed the Supreme Court as defenders of democracy. But as of late, the court has demonstrated it is instead a grave threat to decades of progress we’ve realized through generations of hard work. Congress must act swiftly to pass the Judiciary Act of 2021, the only way to effectively expand the court and restore balance and trust to the apogee of our democracy.

For so many LGBTQ Americans, equality means adopting children, getting married, donating blood, and having a job without fearing their sexuality or gender identity would jeopardize their career. These rights and privileges are taken for granted by so many Americans who are not treated as “lesser than” because of the color of their skin or who they love.

When the Supreme Court ruled that marriage equality was the law of the land, “Love Wins” became a mantra that resonated across the world. But love has no standing in a stolen Supreme Court. And apparently, neither does equality.

Aaron Belkin is director of the Palm Center and of Take Back the Court, and a political science professor at San Francisco State University.

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Commentary

My suicide ideation: A journey to self-love

It is much harder for those of us on the margins

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Jessica Arends is a writer who lives in Hyattsville, Maryland.

(Editor’s note: This piece is a response to last week’s Blade cover story by David Lett recounting his suicide attempt. If you are experiencing suicidal ideation, call 988 or one of many LGBTQ-specific advocacy groups offering support. If you would like to share your own story of overcoming isolation, depression, or suicidal ideation, email us at [email protected].)

Perhaps it was the grinding loneliness of the pandemic, but about two years ago my fantasies of being with women became daily distractions. I could not be fully present with my husband and felt a constant tug for something more, something outside of a life I had spent 18 years cultivating. I lived in a constant cycle of fantasy, guilt, denial, back to fantasy.  

My supportive husband was willing to try an open marriage, but non-monogamy did not agree with my Christian upbringing. Then, as most stories go, I met someone. She was funny, attractive, and OK with the situation, so we gave it a shot. Each date sailed me up into unprecedented heights and hollowed out an equally deep pit of despair. “Yes! I am like this. . . Oh, dear God, I am really like this!” It was like coming home to who you knew you always were only to find you were now among those most judged, wicked, and despised. With each queer book we read and lesbian drama we watched, I discovered deep and integral parts of me debilitated and atrophied by shame. They started to heal.

The more these parts of me solidified, the more other parts unraveled. A cascade of questions and doubts plagued me. If I was not heterosexual, what else was not true about me? Was my life just a string of acts meant to fulfill social expectations? My career, education, even my friends. Was I me or just performing someone not me for others? The great irony of living by the rules of others is that we live for no one. Without the willingness to bravely share who I truly was, no matter how broken, that primal quest for connection, love and belonging would never be satisfied.

Hence I navigated that precarious path of how out to be — how to stay honest to myself but not cause discomfort. My husband remained open, but my late nights and emotional distance took a great toll on our relationship. I would return home to neatly folded laundry, well-prepared meals and enormous guilt. It was liberating and devastating all at once.

Staying with my husband seemed impossible, but the fear of being alone and rejected from family at age 45 was unbearable. This innate thing inside of me was destroying my life. I imagined cutting myself open and tearing out those parts, but when I looked closely I found they were inseparable — my queerness is fully entwined with my heart, head, and gut. I broke under the weight of this agony and spent weeks in and out of crying spells.

One day I found myself down by the tracks. The sound of a train thundering by broke through my numbness. With a few steps, I could surrender and be free from this torment. I stepped through the thin line of brush that separated me from the tracks. They seductively glistened in the sunlight. Relief. Yes, the final silence of death could take away everything.

Another train raced by, the horn deafening. The blast of wind pushed me away. I collapsed sobbing. I needed help if I was going to survive this. 

Thanks to therapy, acupuncture, yoga, LGBTQ support groups and caring friends and family, I am slowly opening the door to self-love. It is much harder for those of us on the margins. The love from others is no substitute, be they a long-time partner, new girlfriend or family member. Unlearning my self-hatred meant letting go of the deeply held but deeply flawed promises of the straight life: be they heteronormativity, monogamy, gender conformity, the picket fence  — you name it. I had to break my own heart. Only then I could truly love myself.

Jessica Arends is a writer and artist.

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Opinions

Left-wing candidates hurt Democratic Party

We will lose more elections if we nominate socialists

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Sen. Bernie Sanders (I-Vt.) ran for and lost the Democratic Party nomination for U.S. President. (Washington Blade file photo by Michael Key)

We are seeing time and time again how left-wing candidates are hurting the Democratic Party. While I agree with much of what some like Bernie Sanders (I-Vt.) and Alexandria Ocasio-Cortez (D-N.Y.) are supporting, we are seeing left-leaning candidates supported by them losing in the general election in most of the country. 

While Trumpers are so much worse in what they stand for, the one similarity we are seeing, as we did in the mid-term elections, is these candidates also can’t win a general election.  The reality is, the majority of the country is moderate. In fact, in many areas the general election voter is moderate-leaning right.  

We witnessed that last year in the Buffalo, N.Y. mayor’s race where a Democratic Socialist won the Democratic primary, and then was defeated in the election by a write-in moderate Democrat. In New York City the moderate candidate, Eric Adams, won the mayor’s race. 

In the mid-term elections we have seen the same thing. A left-wing candidate can win a Democratic primary, then lose in the general election. James Hohmann recently wrote about this in the Washington Post in a column titled “The Democrats have a ‘candidate quality’ problem, too.” He wrote, “Consider the 5th Congressional District of Oregon. Leading Republican and Democratic operatives agree that Rep. Kurt Schrader would have handily won reelection if he’d made it to the general in a district Biden carried by nine points. But he didn’t. Instead, a more liberal Democrat, Jamie McLeod-Skinner, won the nomination in May and then lost the seat to Republican Lori Chavez-DeRemer last week by 8,500 votes.” Another example he uses is “Rep. Henry Cuellar (D-Texas) narrowly beat back a primary challenge from his left in the primary and then easily won in the fall. In a neighboring district of the Rio Grande Valley, however, outspoken liberal Michelle Vallejo beat a moderate by just 30 votes in a primary runoff. Then she lost to Republican Monica De La Cruz by nine points. The GOP picked up a number of seats in New York state under similar circumstances.” I would propose Alessandra Biaggi’s primary against Sean Patrick Maloney (D-N.Y.), supported by AOC, cost him the seat in the general election in the new 17th district in New York. 

It’s good that Rep. Hakeem Jeffries (D-N.Y.), who will most likely be the new Minority Leader, is a moderate. There is a story on ABC News about the potential new leadership of the Democratic caucus in the House of Representatives. “Jeffries, first elected in 2012, has long been considered Pelosi’s heir apparent, rising through the ranks to land a perch in the party’s House leadership.”

In a statement after Pelosi’s speech on Thursday, he called her “the most accomplished” speaker in the country’s history but did not allude to his own plans. A 52-year-old descendant of enslaved people, Jeffries could be a potential history-maker himself if Democrats retake the House in future cycles: He would be the first Black speaker. Jeffries has a reputation as a capable operator inside the conference with sharp media skills to sell a Democratic message to the public (and a penchant for referencing Biggie Smalls in floor speeches). However, he could face some opposition from the most vocal progressives in the House, who labeled him a centrist. “I’m a Black progressive Democrat concerned with addressing racial and social and economic injustice with the fierce urgency of now. That’s been my career, that’s been my journey and it will continue to be as I move forward for however long I have an opportunity to serve. There will never be a moment where I bend the knee to hard-left democratic socialism,” he told The Atlantic last year.”

It could easily be concluded Democrats lost the Wisconsin Senate seat because the disgusting incumbent, Ron Johnson (R-Wisc.), could tie his Democratic challenger to the ‘Squad’ and bring up his original support of the slogan ‘defund the police’. While some will say newly elected Pennsylvania Sen. John Fetterman was also tagged with the left, he was lucky he had such a crazy Trump supported Republican like Dr. Oz to run against, and a moderate Democratic candidate for governor, Josh Shapiro, on the ticket who won big. 

If Democrats are to retake the House and win the presidency in 2024, we will need moderate congressional candidates and a moderate to head the ticket. He/she/they can be for moving forward legislation on climate change, LGBTQ equality, choice, and a host of other issues that progressives like; but they can’t be seen as left-wing or socialist. If they are, Democrats will lose. 

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.

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Opinions

A tribute to our LGBTQ bars

From Pulse to Club Q, these spaces are sacred

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A memorial to Club Q was set up outside As You Are Bar on Sunday, Nov. 20, 2022. (Washington Blade photo by Michael Key)

(Editor’s note: I wrote this piece in 2016 after traveling to Orlando to cover the Pulse massacre. Sadly, its message is newly relevant today after the horrific events in Colorado Springs.) 

ORLANDO, Fla. — The world watched in horror this week as the proudly resilient LGBT community here coped with unthinkable tragedy.

Sadly, our community has a lot of experience with such things.

From the AIDS crisis in which we fought an indifferent government and hostile neighbors. To an untold number of previous attacks on our bars and clubs, including the 1973 firebombing of the UpStairs Lounge in New Orleans that killed 32 gay men. To enduring the playground taunts and everyday slurs that go along with being “different” in this country.

We were horrified, too, about what happened at Pulse, though not as shocked as our straight counterparts. They will never know what it’s like to walk through life with a permanent target on your back. To pause before each touch; to hesitate before exchanging a hug or kiss with a partner or spouse. To calculate before coming out at work. To endure the judgmental stares when checking in at a hotel or booking a restaurant reservation on Valentine’s Day. To walk around the block, scanning the scene before mustering the nerve to walk into a gay bar. To be insulted, mocked, beaten up just for loving someone of the same sex. We’ve all been there.

So much has been written in recent years about this “post-gay” world in which we supposedly live. A world in which there’s no need for LGBT-identified spaces like bars, clubs, coffee shops, bookstores and, yes, newspapers, because we’re “integrated” and “accepted” now.

What happened in Orlando is a heartbreaking reminder that there’s no such thing as “post-gay,” and that our spaces are sacred. Where outsiders see only a bar or club, we see a community center or the place where we formed our closest friendships or met our significant others. Our bars and clubs have played a heroic role in supporting the community, serving as gathering places in times of triumph and tragedy and helping to raise countless dollars to fund our causes, to fight HIV, to aid our own. When the government turned its back, the first dollars raised to fight AIDS came from the bar and club scene.

The attack in Orlando was an attack on all of us because there’s a Pulse in every city in this country. A place where we can let our guard down, be ourselves, embrace our friends and kiss our partners openly. We need those places because regardless of whether you live in Dupont Circle or rural Alabama, there is a risk in engaging in public displays of affection if you’re LGBT.

A look at the public response to the Orlando massacre reveals just how much work lies ahead. The Florida governor has tried to erase LGBT identity from the attack. We can’t even get validation in death in some quarters. The lieutenant governor of Texas tweeted homophobic Bible verses on the morning of the attack yet somehow still has a job. Last week, before the attack, Rep. Rick Allen (R-Ga.) read a Bible verse on the U.S. House floor that calls for the death of gay people. Shortly after, the House voted overwhelmingly to reject a spending bill that included discrimination protections for LGBT workers.

Even those Republicans who have issued milquetoast statements offering “thoughts and prayers” are left to reconcile those sentiments with their own voting records hostile to LGBT causes. The presumptive GOP nominee for president, whose name I can’t bear to include in a tribute to Orlando, claims to care about what happened, yet has pledged to nominate Supreme Court justices committed to overturning the marriage equality ruling.

Hillary Clinton is right — this isn’t the time for politics. As we struggle with how to respond to the massacre and to those who would demonize and discriminate against us and cast us back into the closet, we should resist the urge to lash out and respond simply with love.

It’s been humbling to be here in Orlando this week, watching members of our community cope with such grace, dignity and determination. They didn’t shut down the community center in fear, instead they opened the doors wide to all while working tirelessly to raise money for the victims, collect donations of water and supplies for blood centers overwhelmed by volunteers, negotiate deals with airlines to fly loved ones to town for unexpected funerals and more.

One of the remarkable people I’ve met here this week, Pastor Brei, said it best:
“Have faith and believe that evil and hate can be eradicated one person at a time. How do you treat someone? How do you embrace someone who treats you wrong? We all bleed, laugh, hope and have great victories and major defeats. And so, you know me, even if you don’t know my name — I’m you.”

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

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