National
Court affirms ruling against pro-LGBT Louisiana executive order
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.”
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The White House
Judy Shepard to receive Presidential Medal of Freedom
Nancy Pelosi is also among this year’s honorees
Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.
The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.
The organization runs education, outreach, and advocacy programs, many focused on schools.
In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.
“I am grateful to everyone whose love and support for our work through the years has sustained me.
“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”
Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.
Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.
“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.
“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.
“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”
Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.”
Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.
The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.
According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.
The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.
Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:
“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.
“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”
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