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What to expect on LGBTQ issues if one of these Black women is named to Supreme Court

Top three picks have had engagements — not all positive

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From left, Judge of the United States District Court for the District of South Carolina J. Michelle Childs, Judge of the United States Court of Appeals for the District of Columbia Circuit Ketanji Brown Jackson and California Supreme Court Justice Leondra Kruger (Photos public domain)

With another battle over the U.S. Supreme Court underway after the announced retirement of U.S. Associate Justice Stephen Breyer, progressives have a chance to make an imprint on the judiciary with the nomination of the first Black woman as promised by President Biden — and their past actions and statements on LGBTQ issues may factor into the confirmation process.

The three Black women most talked about as potential choices — D.C. Circuit Judge Ketanji Brown Jackson, U.S. District Judge J. Michelle Childs of South Carolina and California Supreme Court Justice Leondra Kruger — have each made statements or undertaken past work related to issues facing the LGBTQ community, and they’re not all positive, despite the reliable reputation they’ve all built in the progressive legal community.

Ketanji Brown Jackson, who’s considered to be closely aligned with Breyer after having clerked for him between 1999 and 2000, is seen as a hero in the progressive community for her previous work as a public defender. But she once worked as an adviser for a Baptist school in the Maryland suburbs that had a mission statement against LGBTQ people and abortion.

The now-defunct school, known as Montrose Christian School, had a statement on its website condemning homosexuality and abortion consistent with its religious views, as documented by the conservative Washington Examiner at the time of Jackson’s confirmation process for her current seat on the D.C. Court of Appeals.

The mission statement urged students to uphold a “Christian character,” which among other things in the views of the school, meant they should oppose “all forms of sexual immorality, including adultery, homosexuality, and pornography.” Abortion is also implicitly condemned in the mission statement: “We should speak on behalf of the unborn and contend for the sanctity of all human life from conception to natural death.”

If nominated, conservatives smarting from attacks on now U.S. Associate Justice Amy Coney Barrett during her confirmation process over her ties to religious groups with anti-LGBTQ views, as well as her affiliation with the anti-LGBTQ legal group Alliance Defending Freedom, may cynically highlight Jackson’s past affiliation with the school as a reason to attack her or progressives as hypocrites for not opposing her confirmation.

Jackson addressed her past work with the school during the confirmation process for her current job in response to questions from Sen. Richard Durbin (D-Ill.) on her past work, maintaining her role on the advisory board for Montrose Baptist Church was limited and she was unaware of its position statement.

“I was aware that Montrose Christian School was affiliated with Montrose Baptist Church,” Jackson said. “I was not aware that the school had a public website or that any statement of beliefs was posted on the school’s website at the time of my service. My service on the advisory school board primarily involved planning for school fundraising activities for the benefit of enrolled students. I did not receive any compensation for my service.”

Trying to predict the bent of potential justices on LGBTQ issues, or any issue, through the lens of previous isolated actions or past work can be difficult, even based on the party of the president who’s making a selection for the U.S. Supreme Court. As an example, U.S. Associate Justice Neil Gorsuch upon nomination by former President Trump was hailed by conservative groups and vehemently opposed by LGBTQ groups, but ended up writing the majority opinion last year in Bostock v. Clayton County against anti-LGBTQ discrimination. Similarly, U.S. Associate Justice Elena Kagan during her confirmation process for her previous role as solicitor general said in written responses to questions that no right for same-sex couples to marry has been found in the U.S. Constitution, but ended up joining rulings for same-sex marriage in Windsor v. United States and Obergefell v. Hodges.

Nan Hunter, an emeritus law professor at Georgetown University who has written about LGBTQ issues, downplayed in an email to the Blade Jackson’s affiliation with Montrose Christian School as evidence she would be hostile to LGBTQ people as a Supreme Court justice.

“Judge Jackson apparently volunteered for a year to help raise money for student services at a Christian school in the D.C. suburbs,” Hunter said. “There is no indication anywhere in her professional record or personal experience that she shares anti-gay views. In my opinion, her lifelong commitment to equality more than outweighs any concern that she might be biased against LGBT rights.”

Another potential Biden pick, J. Michelle Childs, the South Carolina judge with the potential for bipartisan support after being recommended by both Rep. Jim Clyburn (D-S.C.) and Sen. Lindsey Graham (R.S.C.), has had a more direct on impact on issues facing LGBTQ people.

As a trial judge, Childs was presented in 2014 with litigation seeking marriage rights for same-sex couples in South Carolina. Although Childs as part of the litigation process rejected a request to make the lawsuit more broad and serve as vehicle for same-sex couples to obtain marriage licenses, she found South Carolina was required to honor the same-sex marriages of two lesbian couples performed in other states. Childs based on her decision on a then-recent decision from the U.S. Fourth Circuit Court of Appeals, which struck down the marriage ban in Virginia and guided her as precedent in her state.

“Because marriage is a fundamental right, South Carolina’s marriage laws are subject to strict scrutiny and survive only if they are narrowly tailored to a compelling government interest,” Childs wrote in her decision. “Based on the foregoing, the court finds that South Carolina’s marriage laws are not narrowly tailored to serve a compelling state interest as they impermissibly infringe on plaintiffs’ fundamental right to marry. Therefore, after careful consideration of the parties’ respective positions, the court finds that Plaintiffs have established the violation of their rights protected by the Due Process Clause of the Fourteenth Amendment and, as a result, they are entitled to summary judgment on their due process claims.”

Leondra Kruger, as a member of the California legal community, has also directly engaged with the LGBTQ community and was a keynote speaker in 2019 for the annual dinner for the Tom Homann LGBT Law Association, a San Diego-based affinity group for LGBTQ lawyers. The Blade this week reached a member of leadership of the association for comment on Kruger’s participation at the dinner.

In terms of legal work on LGBTQ issues, Kruger worked in the office of the U.S. Justice Department during the Obama administration and her name was under U.S. Solicitor General Donald Veriilli among the signed briefs in litigation in California against the anti-LGBTQ Defense of Marriage Act known as Golinski v. Office of Personnel Management.

Kruger’s contribution to the work in the Obama administration against DOMA, which the Supreme Court struck down in 2013, is articulated in a petition before the high court seeking review of litigation challenging the law for prohibiting federal recognition of same-sex marriages.

“Section 3 of DOMA denies to same-sex couples le­gally married under state law significant federal bene­fits that are otherwise available to persons lawfully mar­ried under state law. Because such differential treat­ment bears no substantial relationship to any important governmental objective, Section 3 violates the guarantee of equal protection secured by the Fifth Amendment.”

A queer Black woman for the bench?

Although not named in the media as among the Black women who are the major potential choices, the idea of Biden naming a pick who’s both a Black woman and queer has emerged in the advocacy community. The LGBTQ Victory Institute, which trains and seeks the appointment of LGBTQ people in federal government, has openly recommended Washington State Supreme Court Judge G. Helen Whitener to serve as Breyer’s replacement.

If Biden sought to name a queer Black woman who sits on the federal judiciary, another choice could be U.S. District Judge Staci Michelle Yandle of Illinois, an Obama-appointed judge confirmed in 2014.

One LGBTQ strategist, who spoke on condition of anonymity for greater candor, said communications with the White House have taken place on naming a queer Black woman to the Supreme Court and “there’s not been a commitment, but there hasn’t been a not-commitment.”

The White House has received the names, the strategist said, and “acknowledged that they’re qualified.” The last conservation on potentially naming a queer Black woman to the Supreme Court, the strategist said, took place last week in the wake of the announcement of Breyer’s retirement.

“I think the last year shows a really strong commitment to the LGBTQ community and having representation from our community across the administration, and so they were happy to see us surfacing qualified names of Black LGBTQ women,” the strategist said.

The White House didn’t respond to the Washington Blade’s request for comment Wednesday on how LGBTQ issues may be factoring into Biden’s selection process for the Supreme Court.

Talk of a potential queer Black woman pick for the Supreme Court comes at a time when the LGBTQ legal group Lamdba Legal has issued a report on the dearth of LGBTQ people on the judiciary. According to the report, compared to estimates 5.6 percent of Americans who identify as LGBTQ, only 1.6 percent of the federal judiciary identifies as such. As of January 2022, that includes 11 openly lesbian or gay federal district court judges and three openly lesbian or gay judges in the federal circuit courts. There has never been an openly transgender, nonbinary, or bisexual nominee in the history of the judiciary, the report finds.

Scarcity of LGBTQ people, the report finds, is also present among Biden’s choices to fill vacancies on the court despite his pledge to value diversity, although that percentage appears more consistent with the population at large. Among the 81 Biden nominees, six percent are openly gay or lesbian, the report finds.

Sharon McGowan, legal director of Lambda Legal, said in a statement based on the report the current state of the federal judiciary “fails to reflect the diversity of the nation it serves, a reality that has devastating, real-life consequences for those on the margins of society,”

“The nomination and confirmation of more openly LGBTQ+ judges must be a priority for the Biden administration in order to enhance the quality of judicial adjudication and improve the credibility of the federal judiciary as a whole,” McGowan added.

LGBTQ legal groups, for their part, appear at this stage to be taking a wait-and-see approach to Biden’s potential choice and not weighing in with conclusions on any reviews of their backgrounds. Lambda Legal, for example, indicated via a spokesperson the organization is “doing our analysis now, but don’t have any comments to make on the subject as of yet.”

Christopher Vasquez, spokesperson for the National Center for Lesbian Rights, said via email to the Blade the organization has yet to begin its evaluation, but has faith in the Biden administration on its eventual choice.

“NCLR has not yet evaluated any potential Supreme Court nominees to replace Justice Breyer,” Vasquez said. “However, during his first year in office, President Biden has shown a strong commitment to appointing judicial nominees who are pro-equality and represent the full diversity of the United States. We look forward to evaluating the president’s nominee when he names them and are confident he will choose a justice who is dedicated to LGBTQ equality as well as racial, gender, and economic justice, and has an unwavering commitment to democracy and the rule of law.”

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Honoring the legacy of New Orleans’ 1973 UpStairs Lounge fire

Why the arson attack that killed 32 gay men still resonates 50 years later

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Fifty years ago this week, 32 gay men were killed in an arson attack on the UpStairs Lounge in New Orleans. (Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

On June 23 of last year, I held the microphone as a gay man in the New Orleans City Council Chamber and related a lost piece of queer history to the seven council members. I told this story to disabuse all New Orleanians of the notion that silence and accommodation, in the face of institutional and official failures, are a path to healing.  

The story I related to them began on a typical Sunday night at a second-story bar on the fringe of New Orleans’ French Quarter in 1973, where working-class men would gather around a white baby grand piano and belt out the lyrics to a song that was the anthem of their hidden community, “United We Stand” by the Brotherhood of Man. 

“United we stand,” the men would sing together, “divided we fall” — the words epitomizing the ethos of their beloved UpStairs Lounge bar, an egalitarian free space that served as a forerunner to today’s queer safe havens. 

Around that piano in the 1970s Deep South, gays and lesbians, white and Black queens, Christians and non-Christians, and even early gender minorities could cast aside the racism, sexism, and homophobia of the times to find acceptance and companionship for a moment. 

For regulars, the UpStairs Lounge was a miracle, a small pocket of acceptance in a broader world where their very identities were illegal. 

On the Sunday night of June 24, 1973, their voices were silenced in a murderous act of arson that claimed 32 lives and still stands as the deadliest fire in New Orleans history — and the worst mass killing of gays in 20th century America. 

As 13 fire companies struggled to douse the inferno, police refused to question the chief suspect, even though gay witnesses identified and brought the soot-covered man to officers idly standing by. This suspect, an internally conflicted gay-for-pay sex worker named Rodger Dale Nunez, had been ejected from the UpStairs Lounge screaming the word “burn” minutes before, but New Orleans police rebuffed the testimony of fire survivors on the street and allowed Nunez to disappear.

As the fire raged, police denigrated the deceased to reporters on the street: “Some thieves hung out there, and you know this was a queer bar.” 

For days afterward, the carnage met with official silence. With no local gay political leaders willing to step forward, national Gay Liberation-era figures like Rev. Troy Perry of the Metropolitan Community Church flew in to “help our bereaved brothers and sisters” — and shatter officialdom’s code of silence. 

Perry broke local taboos by holding a press conference as an openly gay man. “It’s high time that you people, in New Orleans, Louisiana, got the message and joined the rest of the Union,” Perry said. 

Two days later, on June 26, 1973, as families hesitated to step forward to identify their kin in the morgue, UpStairs Lounge owner Phil Esteve stood in his badly charred bar, the air still foul with death. He rebuffed attempts by Perry to turn the fire into a call for visibility and progress for homosexuals. 

“This fire had very little to do with the gay movement or with anything gay,” Esteve told a reporter from The Philadelphia Inquirer. “I do not want my bar or this tragedy to be used to further any of their causes.” 

Conspicuously, no photos of Esteve appeared in coverage of the UpStairs Lounge fire or its aftermath — and the bar owner also remained silent as he witnessed police looting the ashes of his business. 

“Phil said the cash register, juke box, cigarette machine and some wallets had money removed,” recounted Esteve’s friend Bob McAnear, a former U.S. Customs officer. “Phil wouldn’t report it because, if he did, police would never allow him to operate a bar in New Orleans again.” 

The next day, gay bar owners, incensed at declining gay bar traffic amid an atmosphere of anxiety, confronted Perry at a clandestine meeting. “How dare you hold your damn news conferences!” one business owner shouted. 

Ignoring calls for gay self-censorship, Perry held a 250-person memorial for the fire victims the following Sunday, July 1, culminating in mourners defiantly marching out the front door of a French Quarter church into waiting news cameras. “Reverend Troy Perry awoke several sleeping giants, me being one of them,” recalled Charlene Schneider, a lesbian activist who walked out of that front door with Perry.

(Photo by G.E. Arnold/Times-Picayune; reprinted with permission)

Esteve doubted the UpStairs Lounge story’s capacity to rouse gay political fervor. As the coroner buried four of his former patrons anonymously on the edge of town, Esteve quietly collected at least $25,000 in fire insurance proceeds. Less than a year later, he used the money to open another gay bar called the Post Office, where patrons of the UpStairs Lounge — some with visible burn scars — gathered but were discouraged from singing “United We Stand.” 

New Orleans cops neglected to question the chief arson suspect and closed the investigation without answers in late August 1973. Gay elites in the city’s power structure began gaslighting the mourners who marched with Perry into the news cameras, casting suspicion on their memories and re-characterizing their moment of liberation as a stunt. 

When a local gay journalist asked in April 1977, “Where are the gay activists in New Orleans?,” Esteve responded that there were none, because none were needed. “We don’t feel we’re discriminated against,” Esteve said. “New Orleans gays are different from gays anywhere else… Perhaps there is some correlation between the amount of gay activism in other cities and the degree of police harassment.” 

(Photo by H.J. Patterson/Times-Picayune; reprinted with permission)

An attitude of nihilism and disavowal descended upon the memory of the UpStairs Lounge victims, goaded by Esteve and fellow gay entrepreneurs who earned their keep via gay patrons drowning their sorrows each night instead of protesting the injustices that kept them drinking. 

Into the 1980s, the story of the UpStairs Lounge all but vanished from conversation — with the exception of a few sanctuaries for gay political debate such as the local lesbian bar Charlene’s, run by the activist Charlene Schneider. 

By 1988, the 15th anniversary of the fire, the UpStairs Lounge narrative comprised little more than a call for better fire codes and indoor sprinklers. UpStairs Lounge survivor Stewart Butler summed it up: “A tragedy that, as far as I know, no good came of.” 

Finally, in 1991, at Stewart Butler and Charlene Schneider’s nudging, the UpStairs Lounge story became aligned with the crusade of liberated gays and lesbians seeking equal rights in Louisiana. The halls of power responded with intermittent progress. The New Orleans City Council, horrified by the story but not yet ready to take its look in the mirror, enacted an anti-discrimination ordinance protecting gays and lesbians in housing, employment, and public accommodations that Dec. 12 — more than 18 years after the fire. 

“I believe the fire was the catalyst for the anger to bring us all to the table,” Schneider told The Times-Picayune, a tacit rebuke to Esteve’s strategy of silent accommodation. Even Esteve seemed to change his stance with time, granting a full interview with the first UpStairs Lounge scholar Johnny Townsend sometime around 1989. 

Most of the figures in this historic tale are now deceased. What’s left is an enduring story that refused to go gently. The story now echoes around the world — a musical about the UpStairs Lounge fire recently played in Tokyo, translating the gay underworld of the 1973 French Quarter for Japanese audiences.

When I finished my presentation to the City Council last June, I looked up to see the seven council members in tears. Unanimously, they approved a resolution acknowledging the historic failures of city leaders in the wake of the UpStairs Lounge fire. 

Council members personally apologized to UpStairs Lounge families and survivors seated in the chamber in a symbolic act that, though it could not bring back those who died, still mattered greatly to those whose pain had been denied, leaving them to grieve alone. At long last, official silence and indifference gave way to heartfelt words of healing. 

The way Americans remember the past is an active, ongoing process. Our collective memory is malleable, but it matters because it speaks volumes about our maturity as a people, how we acknowledge the past’s influence in our lives, and how it shapes the examples we set for our youth. Do we grapple with difficult truths, or do we duck accountability by defaulting to nostalgia and bluster? Or worse, do we simply ignore the past until it fades into a black hole of ignorance and indifference? 

I believe that a factual retelling of the UpStairs Lounge tragedy — and how, 50 years onward, it became known internationally — resonates beyond our current divides. It reminds queer and non-queer Americans that ignoring the past holds back the present, and that silence is no cure for what ails a participatory nation. 

Silence isolates. Silence gaslights and shrouds. It preserves the power structures that scapegoat the disempowered. 

Solidarity, on the other hand, unites. Solidarity illuminates a path forward together. Above all, solidarity transforms the downtrodden into a resounding chorus of citizens — in the spirit of voices who once gathered ‘round a white baby grand piano and sang, joyfully and loudly, “United We Stand.” 

(Photo by Philip Ames/Times-Picayune; reprinted with permission)

Robert W. Fieseler is a New Orleans-based journalist and the author of “Tinderbox: the Untold Story of the Up Stairs Lounge Fire and the Rise of Gay Liberation.”

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New Supreme Court term includes critical LGBTQ case with ‘terrifying’ consequences

Business owner seeks to decline services for same-sex weddings

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The U.S. Supreme Court is to set consider the case of 303 Creative, which seeks to refuse design services for same-sex weddings. (Blade file photo by Michael Key)

The U.S. Supreme Court, after a decision overturning Roe v. Wade that still leaves many reeling, is starting a new term with justices slated to revisit the issue of LGBTQ rights.

In 303 Creative v. Elenis, the court will return to the issue of whether or not providers of custom-made goods can refuse service to LGBTQ customers on First Amendment grounds. In this case, the business owner is Lorie Smith, a website designer in Colorado who wants to opt out of providing her graphic design services for same-sex weddings despite the civil rights law in her state.

Jennifer Pizer, acting chief legal officer of Lambda Legal, said in an interview with the Blade, “it’s not too much to say an immeasurably huge amount is at stake” for LGBTQ people depending on the outcome of the case.

“This contrived idea that making custom goods, or offering a custom service, somehow tacitly conveys an endorsement of the person — if that were to be accepted, that would be a profound change in the law,” Pizer said. “And the stakes are very high because there are no practical, obvious, principled ways to limit that kind of an exception, and if the law isn’t clear in this regard, then the people who are at risk of experiencing discrimination have no security, no effective protection by having a non-discrimination laws, because at any moment, as one makes their way through the commercial marketplace, you don’t know whether a particular business person is going to refuse to serve you.”

The upcoming arguments and decision in the 303 Creative case mark a return to LGBTQ rights for the Supreme Court, which had no lawsuit to directly address the issue in its previous term, although many argued the Dobbs decision put LGBTQ rights in peril and threatened access to abortion for LGBTQ people.

And yet, the 303 Creative case is similar to other cases the Supreme Court has previously heard on the providers of services seeking the right to deny services based on First Amendment grounds, such as Masterpiece Cakeshop and Fulton v. City of Philadelphia. In both of those cases, however, the court issued narrow rulings on the facts of litigation, declining to issue sweeping rulings either upholding non-discrimination principles or First Amendment exemptions.

Pizer, who signed one of the friend-of-the-court briefs in opposition to 303 Creative, said the case is “similar in the goals” of the Masterpiece Cakeshop litigation on the basis they both seek exemptions to the same non-discrimination law that governs their business, the Colorado Anti-Discrimination Act, or CADA, and seek “to further the social and political argument that they should be free to refuse same-sex couples or LGBTQ people in particular.”

“So there’s the legal goal, and it connects to the social and political goals and in that sense, it’s the same as Masterpiece,” Pizer said. “And so there are multiple problems with it again, as a legal matter, but also as a social matter, because as with the religion argument, it flows from the idea that having something to do with us is endorsing us.”

One difference: the Masterpiece Cakeshop litigation stemmed from an act of refusal of service after owner, Jack Phillips, declined to make a custom-made wedding cake for a same-sex couple for their upcoming wedding. No act of discrimination in the past, however, is present in the 303 Creative case. The owner seeks to put on her website a disclaimer she won’t provide services for same-sex weddings, signaling an intent to discriminate against same-sex couples rather than having done so.

As such, expect issues of standing — whether or not either party is personally aggrieved and able bring to a lawsuit — to be hashed out in arguments as well as whether the litigation is ripe for review as justices consider the case. It’s not hard to see U.S. Chief Justice John Roberts, who has sought to lead the court to reach less sweeping decisions (sometimes successfully, and sometimes in the Dobbs case not successfully) to push for a decision along these lines.

Another key difference: The 303 Creative case hinges on the argument of freedom of speech as opposed to the two-fold argument of freedom of speech and freedom of religious exercise in the Masterpiece Cakeshop litigation. Although 303 Creative requested in its petition to the Supreme Court review of both issues of speech and religion, justices elected only to take up the issue of free speech in granting a writ of certiorari (or agreement to take up a case). Justices also declined to accept another question in the petition request of review of the 1990 precedent in Smith v. Employment Division, which concluded states can enforce neutral generally applicable laws on citizens with religious objections without violating the First Amendment.

Representing 303 Creative in the lawsuit is Alliance Defending Freedom, a law firm that has sought to undermine civil rights laws for LGBTQ people with litigation seeking exemptions based on the First Amendment, such as the Masterpiece Cakeshop case.

Kristen Waggoner, president of Alliance Defending Freedom, wrote in a Sept. 12 legal brief signed by her and other attorneys that a decision in favor of 303 Creative boils down to a clear-cut violation of the First Amendment.

“Colorado and the United States still contend that CADA only regulates sales transactions,” the brief says. “But their cases do not apply because they involve non-expressive activities: selling BBQ, firing employees, restricting school attendance, limiting club memberships, and providing room access. Colorado’s own cases agree that the government may not use public-accommodation laws to affect a commercial actor’s speech.”

Pizer, however, pushed back strongly on the idea a decision in favor of 303 Creative would be as focused as Alliance Defending Freedom purports it would be, arguing it could open the door to widespread discrimination against LGBTQ people.

“One way to put it is art tends to be in the eye of the beholder,” Pizer said. “Is something of a craft, or is it art? I feel like I’m channeling Lily Tomlin. Remember ‘soup and art’? We have had an understanding that whether something is beautiful or not is not the determining factor about whether something is protected as artistic expression. There’s a legal test that recognizes if this is speech, whose speech is it, whose message is it? Would anyone who was hearing the speech or seeing the message understand it to be the message of the customer or of the merchants or craftsmen or business person?”

Despite the implications in the case for LGBTQ rights, 303 Creative may have supporters among LGBTQ people who consider themselves proponents of free speech.

One joint friend-of-the-court brief before the Supreme Court, written by Dale Carpenter, a law professor at Southern Methodist University who’s written in favor of LGBTQ rights, and Eugene Volokh, a First Amendment legal scholar at the University of California, Los Angeles, argues the case is an opportunity to affirm the First Amendment applies to goods and services that are uniquely expressive.

“Distinguishing expressive from non-expressive products in some contexts might be hard, but the Tenth Circuit agreed that Smith’s product does not present a hard case,” the brief says. “Yet that court (and Colorado) declined to recognize any exemption for products constituting speech. The Tenth Circuit has effectively recognized a state interest in subjecting the creation of speech itself to antidiscrimination laws.”

Oral arguments in the case aren’t yet set, but may be announced soon. Set to defend the state of Colorado and enforcement of its non-discrimination law in the case is Colorado Solicitor General Eric Reuel Olson. Just this week, the U.S. Supreme Court announced it would grant the request to the U.S. solicitor general to present arguments before the justices on behalf of the Biden administration.

With a 6-3 conservative majority on the court that has recently scrapped the super-precedent guaranteeing the right to abortion, supporters of LGBTQ rights may think the outcome of the case is all but lost, especially amid widespread fears same-sex marriage would be next on the chopping block. After the U.S. Tenth Circuit Court of Appeals ruled against 303 Creative in the lawsuit, the simple action by the Supreme Court to grant review in the lawsuit suggests they are primed to issue a reversal and rule in favor of the company.

Pizer, acknowledging the call to action issued by LGBTQ groups in the aftermath of the Dobbs decision, conceded the current Supreme Court issuing the ruling in this case is “a terrifying prospect,” but cautioned the issue isn’t so much the makeup of the court but whether or not justices will continue down the path of abolishing case law.

“I think the question that we’re facing with respect to all of the cases or at least many of the cases that are in front of the court right now, is whether this court is going to continue on this radical sort of wrecking ball to the edifice of settled law and seemingly a goal of setting up whole new structures of what our basic legal principles are going to be. Are we going to have another term of that?” Pizer said. “And if so, that’s terrifying.”

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Kelley Robinson, a Black, queer woman, named president of Human Rights Campaign

Progressive activist a veteran of Planned Parenthood Action Fund

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Kelley Robinson (Screen capture via HRC YouTube)

Kelley Robinson, a Black, queer woman and veteran of Planned Parenthood Action Fund, is to become the next president of the Human Rights Campaign, the nation’s leading LGBTQ group announced on Tuesday.

Robinson is set to become the ninth president of the Human Rights Campaign after having served as executive director of Planned Parenthood Action Fund and more than 12 years of experience as a leader in the progressive movement. She’ll be the first Black, queer woman to serve in that role.

“I’m honored and ready to lead HRC — and our more than three million member-advocates — as we continue working to achieve equality and liberation for all Lesbian, Gay, Bisexual, Transgender, and Queer people,” Robinson said. “This is a pivotal moment in our movement for equality for LGBTQ+ people. We, particularly our trans and BIPOC communities, are quite literally in the fight for our lives and facing unprecedented threats that seek to destroy us.”

Kelley Robinson IS NAMED as The next human rights Campaign president

The next Human Rights Campaign president is named as Democrats are performing well in polls in the mid-term elections after the U.S. Supreme Court overturned Roe v. Wade, leaving an opening for the LGBTQ group to play a key role amid fears LGBTQ rights are next on the chopping block.

“The overturning of Roe v. Wade reminds us we are just one Supreme Court decision away from losing fundamental freedoms including the freedom to marry, voting rights, and privacy,” Robinson said. “We are facing a generational opportunity to rise to these challenges and create real, sustainable change. I believe that working together this change is possible right now. This next chapter of the Human Rights Campaign is about getting to freedom and liberation without any exceptions — and today I am making a promise and commitment to carry this work forward.”

The Human Rights Campaign announces its next president after a nearly year-long search process after the board of directors terminated its former president Alphonso David when he was ensnared in the sexual misconduct scandal that led former New York Gov. Andrew Cuomo to resign. David has denied wrongdoing and filed a lawsuit against the LGBTQ group alleging racial discrimination.

Kelley Robinson, Planned Parenthood, Cathy Chu, SMYAL, Supporting and Mentoring Youth Advocates and Leaders, Amy Nelson, Whitman-Walker Health, Sheroes of the Movement, Mayor's office of GLBT Affairs, gay news, Washington Blade
Kelley Robinson, seen here with Cathy Chu of SMYAL and Amy Nelson of Whitman-Walker Health, is the next Human Rights Campaign president. (Washington Blade photo by Michael Key)
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