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Court affirms ruling against pro-LGBT Louisiana executive order

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Bilal Ahmed

An appeals court has upheld a ruling against a pro-LGBT Louisiana executive order.

A state appeals court in Louisiana has affirmed Gov. John Bel Edwards’ executive order barring anti-LGBT discrimination in the state government and among state contractors is unconstitutional.

In a nine-page decision issued Wednesday, Judge Toni Higginbotham of the Louisiana First Circuit Court of Appeal for the Second District concludes the executive order violates separation of power and is an overreach of the governor’s authority.

“The governor’s executive order in this case goes beyond a mere policy statement or directive to fulfill law, because there is no current state or federal law specifically outlining anti-discrimination laws concerning and/or defining sexual orientation or gender identity,” Higginbotham writes.

The order affirms a decision issued by Judge Todd Hernandez of the 19th Judicial District Court in December as the result of a dispute between Louisiana Attorney General Jeff Landry, a Republican, and the Democratic governor.

“Having found the governor’s executive order invalid, we conclude that the district court did not err in permanently enjoining the mandatory adoption of the executive order,” the order says.

The decision also vacates the lower court ruling’s on the dispute of constitutional powers between the governor and the attorney general because, without than the issues raised by the executive order, no factual dispute exists and any ruling would constitute an advisory opinion.

The Louisiana First Circuit Court of Appeals for the Second District, located in Baton Rouge, consists of 12 judges, each of whom serve on the bench as a result of popular election, not appointment. The case was before a three-judge panel consisting of Higginbotham, Judge Guy Holdridge and Judge Allison Hopkins Penzato.

In a written note at bottom of the first page of the decision, Holdridge indicates he “concurs in the result” of the decision, but suggests he finds other implications.

Edwards signed the executive order in July 2016. It prohibits discrimination on the basis of several categories — including sexual orientation and gender identity — in state agencies in terms of services, employment and purchases of contracts and for state contractors in terms of employment. The component related to purchases of contracts and contractors had an exemption for churches and religious organizations.

In a statement after the decision, Edwards said his office “will thoroughly review the ruling before determining our next steps.”

“I have said repeatedly that discrimination is not a Louisiana value, and this decision does not change my conviction that hiring decisions in state government should be based on merit alone,” Edwards said. “Discrimination in state government and by state contractors is wrong, makes us weaker, and is bad for business and economic development.”

Edwards pointed to President Trump’s decision to keep in place an Obama-era executive order barring anti-LGBT workplace discrimination among federal contractors as evidence the state order is lawful.

“Even President Trump agrees, as he has kept in place a federal executive order which is virtually identical to the order I put in place,” Edwards said. “I went a step further and provided an exemption for certain religious organizations.”

Claiming victory, Landry said the court ruling “affirms a notion of basic civics that the legislature makes the law, not the governor.”

“We do not live under a king in Louisiana; we have a governor, an independent attorney general, an elected legislature, and a court system who are all involved in the governing of our state,” Landry said. “I applaud the professionalism and attention of the Court of Appeal in these matters.”

No state law in Louisiana protects LGBT people from discrimination in Louisiana. Now that Landry has succeeded in enjoining enforcement of executive order, LGBT people will have rely on other resources to seek recourse from discrimination, which may include local civil rights law and other non-discrimination policies. Federal law against sex discrimination, which increasingly has been interpreted to apply to LGBT people, still holds in Louisiana.

Louisiana Solicitor General Elizabeth Murrill also commended the court for ruling against Bel Edwards’ executive order in a statement.

“This dispute was always about separation of powers and executive overreach,” Murrill said. “The governor tried to make it something else and, in doing so, deflected that basic issue. Our position has been consistent – expanding the law to create new protected classes requires legislative action.”

 

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National

Results from key Tuesday primary races

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Democratic State Sen. Scott Wiener (Photo courtesy of Scott Wiener)

State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election. 

The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump. 

In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.

In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.

In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.  

The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple. 

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White House Correspondents’ Dinner rescheduled after shooting

‘We will not allow an act of violence to have the last word’

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The scene inside April’s White House Correspondents’ Dinner after shots rang out. (Washington Blade photo by Joe Reberkenny)

The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.

Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.

“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members. 

She did not announce further details, including venue and ticketing. 

Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.  

This post will be updated as more details are announced.

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Federal Government

Advocates push back on proposed FCC warning labels

New rating system public notice seeking comments issued on April 22

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(Photo by REDPIXEL.PL/Bigstock)

The Federal Communications Commission is considering a new rating system that would require a warning label to appear before any television content that includes LGBTQ characters.

On April 22, the FCC issued a public notice asking Americans to submit comments on whether the TV Oversight Management Board should create new TV ratings to alert viewers to “transgender and gender nonbinary programming” and “the discussion or promotion of gender identity themes.”

This proposed warning would appear before content, similar to warnings that explain a program contains sexual content, drug use, or violence — categories that Congress explicitly included in the Telecommunications Act of 1996 on the grounds of obscenity and violence that some parents “believe is harmful to their children.”

The public notice says that “recently, parents have raised concerns that controversial gender identity issues are being included or promoted in children’s programs without providing any disclosure or transparency to parents.”

It goes on to say that not having a warning for trans and nonbinary people is “undermining the ability of parents to make informed choices for their families.”

LGBT Tech is an organization that works to provide LGBTQ representation in mainstream media or entertainment. The group notes 81 percent of trans respondents it surveyed said these representations had a positive impact on them discovering or learning about their identity.

“These numbers reflect a basic truth: for many people, and especially young people, seeing LGBTQ+ lives represented in ordinary media is not harmful. It is formative, affirming, and often lifesaving.”

Since the public notice’s publication, more than 40 organizations have come out against the proposed alert.

GLAAD President Sarah Kate Ellis issued a statement in May on the proposal, highlighting what she described as a concerted effort by the Trump-Vance administration to other trans and nonbinary people.

“The FCC does not set TV ratings, but under this administration the FCC has repeatedly tried to control what Americans can see on their own televisions. This government overreach is dangerous and a threat to our community and our democracy,” Ellis said.

“LGBTQ+ people and their families deserve to see their lives represented in the media they watch. And media companies must have the freedom to create programming that appeals to their viewers and subscribers without interference from a government pursuing its own anti-LGBTQ+ political agenda.”

Human Rights Campaign President Kelley Robinson pointed out that this is an act of politically motivated policy, not one based on any rhyme or reason.

“LGBTQ+ stories matter and deserve to be told, seen, and heard,” Robinson said. “The Trump administration does not get to use the FCC to try and erase us simply because they want to pretend to live in a world where we don’t exist. This is a brazen form of political interference that will hurt the ability of all people to appreciate, understand, and learn about the world and people around them.”

Brian Dittmeier, director of LGBTQI+ equality at the National Women’s Law Center Action Fund, echoed Robinson’s concerns that this is attempted censorship for the sake of political gain.

“The FCC is cloaking itself in purported concern for parents in an attempt to censor content, intimidate industry, and silence depictions of our trans siblings and neighbors,” Dittmeier wrote. “The FCC is overstepping its authority to undermine the existing ratings system, which is well understood by parents and enjoys broad public support. The FCC’s presumption that it knows better does not reflect parents’ priorities and reeks of government overreach.”

PFLAG National Vice President of Policy and Government Affairs Diego Sanchez said this is federal government overreach into censorship — something the First Amendment protects against.

“The FCC has given us yet another example of what ‘small government’ means: small enough to fit in your living room; to interrupt family movie night; small enough to make home feel unsafe,” Sanchez said. “Parents and families with transgender loved ones in particular know too well how big government actions impact their families directly, because they feel those impacts before everyone else.”

This proposed warning follows a slew of other federal actions targeting trans people in America, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandated that only sex assigned at birth be used on federal government documents regardless of gender identity, as well as broad-based restrictions on gender-affirming care, particularly for trans minors.

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