Politics
Jackson holds firm in questioning over marriage equality
Texas Republican compares decision to Dred Scott
The U.S. Supreme Court ruling for same-sex marriage ā issued nearly seven years ago in 2015 ā is considered settled law and in the rear-view mirror of history for many Americans, but Sen. John Cornyn (R-Texas) opted to press Ketanji Brown Jackson on the decision as an example of policy-making from the bench in questions during her confirmation hearing.
Jackson, nominated by President Biden to serve on the U.S. Supreme Court, stood firm on Tuesday in response to the questions despite lamentations from Cornyn the decision found a due process and right for same-sex couples to marry that overruled the will of the people who voted to ban gay nuptials in his state.
āThat is the nature of a right,ā Jackson replied. āWhen there is a right, it means that there are limitations on regulation, even if people are regulating pursuant to their sincerely held religious beliefs.ā
In the nearly 15-minute exchange between Cornyn and Jackson, the Texas Republican pressed her on the expansive interpretation by the courts of due process and equal protection clauses, which he said led to decisions condemned to the dustbin of history like Dred Scott and Plessy v. Ferguson.
Cornyn, however, also included with those rulings the 2015 decision in Obergefell v. Hodges, which he said was a “dramatic departure from previous laws in the states and in the nation.” (Cornyn throughout the questioning had difficulty pronouncing the name “Obergefell,” which at least one time he called the “Ober-fell” case.)
“In the opinions that were written there at the time, it was noted that here we are 234 years after the Constitution had been ratified, 135 years since the 14th Amendment had been ratified, that the Supreme Court articulated a new fundamental right, which is a right to same-sex marriage,” Cornyn said.
Cornyn recalled at the time 11 states and D.C. had legalized same-sex marriage, but said 35 states had put the question on the ballot and 32 had decided to “maintain the traditional definition of marriage between a man and a woman.”
The Texas Republican went on to describe the issue as not just an overriding the will of the states and the people, but also major religions, and asked Jackson if she agrees “marriage is not simply a governmental institution, it’s also a religious institution.”
When Jackson replied, “Well, senator, marriages are often performed in religious institutions,” Cornyn followed up with questioning on whether she agrees many major religions, including Christianity, Judaism, and Islam, have defined marriage as one man, one woman (ignoring denominations within those religions, such as Episcopal and Presbyterian Church, that recognize and wed same-sex couples).
Jackson wouldn’t engage with Cornyn beyond what was directly necessary: “I am aware that there are various religious faiths that define marriage in a traditional way.”
That’s when Cornyn framed the Obergefell decision as stepping up a conflict between religious views and the decision of the court.
“Do you see that when the Supreme Court makes a dramatic pronouncement about the invalidity of state marriage laws, that it will inevitably set in conflict between those who ascribe to the Supreme Court’s edict and those who have a firmly held religious belief that marriage is between a man and a woman?” Cornyn asked.
Jackson, as is customary for a nominee up for a seat on the Supreme Court, declined to offer her views, pointing out “these issues are being litigated, as you know, throughout the courts” and therefore she was limited in what she could say.
But Cornyn wouldn’t up let up, pressing Jackson again on the Obergefell ruling. Jackson responded the “nature of the right” found the U.S. Constitution trumps regulation “even if people are regulating pursuant to their sincerely held religious beliefs.”
Cornyn continued his questioning by asking whether the concept of marriage is enshrined in the Constitution, drawing on the dissents from Chief Justice John Roberts and Associate Justice Samuel Alito lamenting opponents of same-sex marriage will be labeled as bigots.
More broadly, Cornyn went on to lament the substantive due process rights found by the courts as “another way for judges to hide their policymaking under the guise of interpreting the Constitution.”
Jackson gave an answer demonstrating her knowledge of case law, saying courts have found the right to due process to mean “not just procedural rights relative to government action but also the protection of certain personal rights related to intimacy and autonomy.”
“They include things like the right to rear one’s children, I believe the right to travel, the right to marriage, interracial marriage, the right to abortion, contraception,” Jackson said.
Cornyn interjected the same interpretation led to the Dred Scott decision, citing “treating slaves as chattel property” as an another outcome of the expansive intrepretation of the due process clause.
After more questioning from Cornyn on whether “you can use substantive due process to justify basically any result whether it’s conservative or liberal, libertarian or conservative,” he went on to ask Jackson whether she can understand “why ordinary folks wonder, Who do these people think they are? And where does this authority come from?” Jackson, in response, kept her answer simple: “Absolutely, senator, I do understand it.”
It should be noted the Supreme Court has rejected subsequent legal claims to overturn the Obergefell decision, or even to chip away at the decision. Even with the 6-3 conservative majority on the Supreme Court, justices in 2020 declined to hear a case brought by Indiana seeking to challenge the decision on the basis of birth certificates for the children for women in same-sex marriages. Alito, however, and Associate Justice Clarance Thomas have declared war on Obergefell, writing in a filing two years ago the ruling falls short in accommodating religious freedom.
Politics
First lady warns Trump is ‘dangerous to the LGBTQ community’ at HRC event
Jill Biden spoke in Arlington, Va., on Friday
Delivering a keynote address at the Human Rights Campaign’s Equality in Action event Friday, First lady Jill Biden warned former President Donald Trump is “a bully” who is “dangerous to the LGBTQ community.”
Her appearance at the three-day volunteer and board gathering at the Sheraton Pentagon City in Arlington, Va., comes as part of the Biden-Harris reelection campaign’s “Out for Biden” program, which aims to “mobilize LGBTQ+ voters, communities, and leaders across the country.ā
“Today, this community is under attack,” Biden said. “Rights are being stripped away. freedoms are eroding. More and more state laws are being passed targeting this community. Just last month, we had to fend off more than 50 anti-gay amendments that Republicans tried to force into the government funding bill.”
“These were extreme measures aimed directly at this community ā measures that would have limited health care and weakened protections for same sex couples,” she said. “And they served only one purpose to spread hate and fear.”
In a nod to her long career as an educator, Biden said, “History teaches us that our rights and freedoms don’t disappear overnight. They disappear slowly. Subtly. Silently.”
She continued, “A book ban. A court decision. A ‘Don’t Say Gay’ law. One group of people loses their rights and then another. And another. Until one day you wake up and no longer live in a democracy … This is our chapter of history and it’s up to us how it ends.”
Biden then highlighted some of the advancements for LGBTQ rights secured under the Biden-Harris administration.
“Thanks to President Biden, marriage equality is now the law of the land,” she said. “He ended the ban on gay and bisexual men donating blood. He’s made it possible for trans Americans to serve openly and honorably in our military. And he’s standing firmly against conversion therapy.”
“Yes, there are forces outside these walls that are trying to erase these hard fought gains, trying to unwind all the progress that we’ve made,” Biden said. “They want to take our victories away, but we won’t let them. Your president will not let them ā I will not let them.”
Politics
‘Out for Biden-Harris’ LGBTQ-targeted campaign is launched
Several events planned in coming weeks
The Biden-Harris campaign on Wednesday debuted “Out for Biden-Harris,” which is a “national organizing and engagement program to mobilize LGBTQ+ voters, communities, and leaders across the country.”
Out for Biden-Harris “will train supporters to organize within their own networks and leverage messengers from the community to ensure we are meeting LGBTQ+ voters where they are,” the campaign wrote in a press release announcement.
“From drag queens to elected leaders to LGBTQ+ faith leaders, Team Biden-Harris will use a wide range of validators to communicate whatās at stake for the LGBTQ+ community in this election and why itās critical that we vote for Joe Biden and Kamala Harris.”
The campaign also previewed some of the events and initiatives in coming weeks, which will include:
- A virtual organizing call featuring actor Wilson Cruz, Congressman Robert Garcia, HRC President Kelley Robinson, to mobilize LGBTQ+ supporters;
- A series of virtual relational organizing trainings focused on activating and reaching new volunteers targeting battleground voters. The campaign will be engaging trusted messengers, including high-profile and trusted messengers in the LGBTQ+ community, like Brita Filter, Danica Roem, Gina Ortiz Jones, and Rev.
- Hosting a series of Out For Biden-Harris house parties and community events including events in Phoenix, Arizona, Ferndale, Michigan, Milwaukee, Wisconsin, Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania, and Las Vegas, Nevada to mobilize supporters.
- First Lady Jill Biden will be a featured speaker at the Human Rights Campaign Equality In Action Conference bringing together a network of 400 organizers and activists in Arlington, VA.
The campaign noted that LGBTQ voters will be “a key part” of its coalition, while 39 percent of voters consider LGBTQ equality a “make-or-break issue.”
“In 2020, nearly 11,000 LGBTQ+ volunteers mobilized to help elect President Biden and Vice President Harris,” the campaign wrote. “This year, Out for Biden-Harris will re-engage these supporters and build on their work. The program is designed around the idea that there is no better messenger to mobilize LGBTQ+ voters than their friends and neighbors to bring new supporters into our campaign.”
The Biden-Harris administration is the most pro-LGBTQ in history, and LGBTQ groups with a combined 3.8 million members have endorsed President Joe Biden’s reelection campaign.
However, “the fight for equality for all Americans is at stake this November as Trump and his allies plan to roll back the rights and freedoms of LGBTQ+ Americans,” the Biden campaign wrote. “Trump and his MAGA allies are running on an extreme, anti-LGBTQ+ agenda which would push to discriminate against the LGBTQ+ community, even going after the right to marry who you love.”
āLGBTQ+ voters are a force to be reckoned with. They were critical to our victory in 2020, and they will be critical to winning again this November,” said Biden-Harris 2024 Campaign Manager Julie Chavez Rodriguez. “Thatās why weāre thrilled to launch Out for Biden-Harris, which will harness the LGBTQ+ communityās organizing prowess to reelect President Biden and Vice President Harris this November.ā
Chavez Rodriguez continued, āLGBTQ+ Americans couldnāt have more at stake this election: Donald Trump and his extremist allies are running to gut LGBTQ+ rights and erase history as their top priorities. LGBTQ+ Americans deserve leaders who will fight for every Americanās freedom and dignity. Thatās what President Biden and Vice President Harris have done throughout their time in office, and what they will do if reelected, including pressing Congress to pass the Equality Act.”
“There has never been a more critical time to protect the rights of all Americans, no matter who you love or how you identify, and Out for Biden-Harris will be critical to not just safeguarding, but strengthening the rights and voice of every single American,” she said.
Politics
Melania Trump to host Log Cabin Republicans event
Former first lady is close with the group
Former first lady Melania Trump is back on the campaign trail with plans to host a fundraising event for the conservative LGBT group Log Cabin Republicans on April 20 at Mar-a-Lago, Politico reported on Thursday.
Funds will be used to support the group’s āRoad to Victoryā program, which will target voters in swing states. LCR has had a close relationship with Mrs. Trump, who was a special guest for its Spirit of Lincoln Gala in 2021, where she received the Spirit of Lincoln Award.
Politico reports that the host committee for this month’s event will include GOP donors Saul Fox, Amanda Schumacher, Bill White, Bryan Eure and Richard Grenell, who is gay and served as ambassador to Germany and acting director of national intelligence during the Trump administration.
āMelania Trumpās work as first lady, from helping children reach their full potential to championing a more inclusive Republican Party, has been historic,ā LCR President Charles Moran said in a 2021 press release concerning the Spirit of Lincoln event.
āHer vocal support of Log Cabin Republicans has been a signal to Republicans everywhere that it is possible to simultaneously be conservative and support equality under the law for all Americans,” he said.
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