National
Santorum drops out of 2012 race
Advocates happy to see anti-gay candidate go
Republican presidential candidate Rick Santorum has dropped his bid for the White House(photo via Iowapolitics.com via wikimedia)
Rick Santorum announced on Tuesday he would no longer pursue the Republican nomination for the White House, ending the campaign of one of the most anti-gay candidates seeking the presidency.
During a speech in Gettysburg, Pa., the former U.S. senator announced he decided to suspend his campaign after taking a break to care for his three-year-old daughter who was hospitalized over the weekend.
“We made a decision to get into this race at our kitchen table against all the odds, and we made a decision over the weekend that while this presidential race, for us, is over for me, and we will suspend our campaign effective today, we are not done fighting,” Santorum said.
The departing candidate took no questions after he gave his exit speech, nor did he endorse another candidate.
Santorum, who represented Pennsylvania in the U.S. Senate from 1995 to 2006, won 11 states and earned 285 delegates, the second highest of all the presidential candidates behind Mitt Romney.
The candidate’s exit comes before the primary took place in his home state of Pennsylvania on April 24. Polls showed Santorum was narrowly ahead in the race. According to a Rasmussen poll published on Thursday, 42 percent of likely voters are supporting Santorum, while 38 percent of likely voters support Romney.
Many observers had already declared the primary season over. Romney appeared to be the frontrunner for the GOP nomination after winning three primaries in Wisconsin, D.C. and Maryland. Romney had also amassed 661 delegates, which is more than the other Republican candidates combined.
Dan Pinello, who’s gay and a government professor at City University of New York, said he doesn’t think Santorum’s departure “seriously affects the race” and the candidate exited because his money dried up.
“Romney was spending $2 million in the Pennsylvania primary alone, and Santorum had nothing to fight back with,” Pinello said. “Plus, all the endorsements of party insiders were going to Romney. Better to bow out than be humiliated in your own home state.”
In the past couple weeks, Romney secured endorsements from Sen. Marco Rubio (R-Fla.) and House Budget Committee Chair Paul Ryan (R-Wis.) — both seen as rising stars within the Republican Party.
Santorum had taken many anti-gay positions over the course of his campaign and backed a Federal Marriage Amendment barring same-sex marriage throughout the country.
Last year, Santorum was among the GOP hopefuls who signed a pledge from the anti-gay National Organization for Marriage committing himself to backing a Federal Marriage Amendment, defending the Defense of Marriage Act in court, and establishing a commission on “religious liberty” to investigate the alleged harassment of same-sex marriage opponents.
Santorum also said he would reinstate “Don’t Ask, Don’t Tell” if elected to the White House, pledging in a public forum to the anti-gay Family Research Council’s Tony Perkins in March to reverse repeal of the military’s gay ban.
“I don’t believe [open service is] in the best interest of our men and women in uniform,” Santorum said. “That doesn’t mean that people who are gay and lesbian can’t serve, it’s just that they can serve in the context of what, I think, everybody in the military does — keep their own private matters to themselves and serve this country accordingly.”
When “Don’t Ask, Don’t Tell” was in effect from 1994 to 2011, an estimated 14,346 service members were expelled from the military. Many of those troops were expelled even though they made no declaration about their sexual orientation.
FRC’s Perkins praised Santorum upon his exit from the race, saying he carried a “message of faith, family and freedom” over the course of the campaign.
“Millions of voters flocked to Rick not because he was a Republican, but because he passionately articulated the connection between America’s financial greatness and its moral and cultural wholeness,” Perkins said. “He realizes that real problem-solving starts with an understanding that the economy and the family are indivisible.”
Perkins and other evangelicals were among the nearly 170 anti-gay leaders who rallied behind Santorum in January at a conference in Brenham, Texas, to discuss the GOP primary race and top policy goals for a Republican administration.
Santorum became notorious for vocalizing his opposition to same-sex marriage throughout his campaign.
On the day Washington State legalized same-sex marriage on Feb. 13, Santorum traveled to the state and derided the news in a speech, urging opponents of the law to bring the law to a referendum before voters in November.
“There are ebbs and flows in every battle, and this is not the final word,” Santorum said before supporters in Olympia, Wash.
In the past year of campaigning, Santorum went as far as saying “our country will fail” as a result of same-sex marriage and raised eyebrows in August when he said same-sex marriage is like “saying this glass of water is a glass of beer.”
In January, Santorum drew fire for vocalizing his opposition to same-sex marriage when campaigning in the libertarian state of New Hampshire, which has legalized same-sex marriage.
“Marriage is a privilege,” Santorum said. “It is not a right. It is privilege given by society, held up by society, for purposes that it provides some societal good, and I would make the argument, some extraordinary societal good.”
Prior to his final campaign appearance in New Hampshire on Jan. 10, protesters from the Occupy movement jeered Santorum, chanting “Bi-got! Bi-got! Bi-got!”
After the Ninth Circuit Court of Appeals on Feb. 8 ruled against California’s Proposition 8, Santorum railed against the decision.
“The Ninth Circuit decision yesterday said that marriage, if you believe in traditional marriage, between a man and a woman and exclusively that, you are in fact, the only reason you could possibly believe that, is because you are a bigot,” Santorum said. “Your belief of marriage between a man and a woman is purely irrational based on hatred and bigotry.”
It’s this kind of anti-gay rhetoric that made LGBT advocates happy to see Santorum exit the race.
Jerame Davis, executive director of the National Stonewall Democrats, said the anti-gay positions that Santorum staked out during his campaign made him “a stain on the Republican Party,” but predicted the candidate wouldn’t vanish from public view now that he’s departed the race.
“It was always clear that Santorum was not going to be the GOP nominee, but unfortunately we haven’t seen the last of him,” Davis said. “His brand of ultra-conservatism and rank piety appealed to a particular slice of the Republican electorate.”
R. Clarke Cooper, executive director of the Log Cabin Republicans, had a more positive spin on Santorum’s departure, saying the end of his anti-gay rhetoric would enable the GOP to appeal to a broader constituency as Election Day draws closer.
“The departure of Rick Santorum’s divisive social politics from the race puts moderate, independent and younger conservative voters in play,” Cooper said. “The time is now for the Republican Party to capitalize by presenting an inclusive, united front focused on economic growth, exploration of natural resources and defending national interests abroad.”
Advocates said Santorum’s exit reinforces the notion that LGBT people should be prepared for Romney to become the Republican presidential nominee — whether they support his candidacy or not.
Jimmy LaSalvia, executive director of GOProud, said Romney had already sealed the nomination even before Santorum dropped out of the race. LaSalvia has personally endorsed Romney’s candidacy.
“Rick Santorum has recognized the political reality that most in the party have acknowledged for weeks now – Mitt Romney will be the nominee of the Republican Party,” LaSalvia said.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said Santorum’s exit means the LGBT community needs only to focus on Romney’s anti-gay positions.
“We now go from two leading candidates that would take LGBT rights completely backward in this country to one candidate who’d do the same,” Cole-Schwartz said. “While we might not be faced with Sen. Santorum’s extreme rhetoric anymore, we’re left with Gov. Romney whose anti-LGBT positions aren’t substantively much different.”
Romney has signed the same anti-gay pledge from NOM and has criticized Obama for dropping the government’s defense of the Defense of Marriage Act in court. Still, the GOP frontrunner has said he doesn’t think the political wherewithal will be present in Congress to pass a Federal Marriage Amendment, and he has no plans to return to “Don’t Ask, Don’t Tell.”
Santorum’s departure means that only two Republican candidates other than Romney remain in the race: Rep. Ron Paul (R-Texas) and former U.S. House Speaker Newt Gingrich. But Paul hasn’t won any states in the primaries, and Gingrich’s campaign has all but run out of gas.
Obama appears to be leading Romney as the primary season comes to an end. According to a Washington Post-ABC News poll published Tuesday, registered voters favored Obama by 51 percent, while 44 percent were behind Romney.
NOTE: This post has been updated.
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.
Federal Government
Republican state AGs challenge Biden administration’s revised Title IX policies
New rules protect LGBTQ students from discrimination
Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.
The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.
The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.
“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”
“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”
After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”
The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.
LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”
Federal Government
4th Circuit rules gender identity is a protected characteristic
Ruling a response to N.C., W.Va. legal challenges
BY ERIN REED | The 4th U.S. Circuit Court of Appeals ruled Monday that transgender people are a protected class and that Medicaid bans on trans care are unconstitutional.
Furthermore, the court ruled that discriminating based on a diagnosis of gender dysphoria is discrimination based on gender identity and sex. The ruling is in response to lower court challenges against state laws and policies in North Carolina and West Virginia that prevent trans people on state plans or Medicaid from obtaining coverage for gender-affirming care; those lower courts found such exclusions unconstitutional.
In issuing the final ruling, the 4th Circuit declared that trans exclusions were “obviously discriminatory” and were “in violation of the equal protection clause” of the Constitution, upholding lower court rulings that barred the discriminatory exclusions.
The 4th Circuit ruling focused on two cases in states within its jurisdiction: North Carolina and West Virginia. In North Carolina, trans state employees who rely on the State Health Plan were unable to use it to obtain gender-affirming care for gender dysphoria diagnoses.
In West Virginia, a similar exclusion applied to those on the state’s Medicaid plan for surgeries related to a diagnosis of gender dysphoria. Both exclusions were overturned by lower courts, and both states appealed to the 4th Circuit.
Attorneys for the states had argued that the policies were not discriminatory because the exclusions for gender affirming care “apply to everyone, not just transgender people.” The majority of the court, however, struck down such a claim, pointing to several other cases where such arguments break down, such as same-sex marriage bans “applying to straight, gay, lesbian, and bisexual people equally,” even though straight people would be entirely unaffected by such bans.
Other cases cited included literacy tests, a tax on wearing kippot for Jewish people, and interracial marriage in Loving v. Virginia.
See this portion of the court analysis here:
Of particular note in the majority opinion was a section on Geduldig v. Aiello that seemed laser-targeted toward an eventual U.S. Supreme Court decision on discriminatory policies targeting trans people. Geduldig v. Aiello, a 1974 ruling, determined that pregnancy discrimination is not inherently sex discrimination because it does not “classify on sex,” but rather, on pregnancy status.
Using similar arguments, the states claimed that gender affirming care exclusions did not classify or discriminate based on trans status or sex, but rather, on a diagnosis of gender dysphoria and treatments to alleviate that dysphoria.
The majority was unconvinced, ruling, “gender dysphoria is so intimately related to transgender status as to be virtually indistinguishable from it. The excluded treatments aim at addressing incongruity between sex assigned at birth and gender identity, the very heart of transgender status.” In doing so, the majority cited several cases, many from after Geduldig was decided.
Notably, Geduldig was cited in both the 6th and 11th Circuit decisions upholding gender affirming care bans in a handful of states.
The court also pointed to the potentially ridiculous conclusions that strict readings of what counts as proxy discrimination could lead to, such as if legislators attempted to use “XX chromosomes” and “XY chromosomes” to get around sex discrimination policies:
Importantly, the court also rebutted recent arguments that Bostock applies only to “limited Title VII claims involving employers who fired” LGBTQ employees, and not to Title IX, which the Affordable Care Act’s anti-discrimination mandate references. The majority stated that this is not the case, and that there is “nothing in Bostock to suggest the holding was that narrow.”
Ultimately, the court ruled that the exclusions on trans care violate the Equal Protection Clause of the Constitution. The court also ruled that the West Virginia Medicaid Program violates the Medicaid Act and the anti-discrimination provisions of the Affordable Care Act.
Additionally, the court upheld the dismissal of anti-trans expert testimony for lacking relevant expertise. West Virginia and North Carolina must end trans care exclusions in line with earlier district court decisions.
The decision will likely have nationwide impacts on court cases in other districts. The case had become a major battleground for trans rights, with dozens of states filing amicus briefs in favor or against the protection of the equal process rights of trans people. Twenty-one Republican states filed an amicus brief in favor of denying trans people anti-discrimination protections in healthcare, and 17 Democratic states joined an amicus brief in support of the healthcare rights of trans individuals.
Many Republican states are defending anti-trans laws that discriminate against trans people by banning or limiting gender-affirming care. These laws could come under threat if the legal rationale used in this decision is adopted by other circuits. In the 4th Circuit’s jurisdiction, West Virginia and North Carolina already have gender-affirming care bans for trans youth in place, and South Carolina may consider a similar bill this week.
The decision could potentially be used as precedent to challenge all of those laws in the near future and to deter South Carolina’s bill from passing into law.
The decision is the latest in a web of legal battles concerning trans people. Earlier this month, the 4th Circuit also reversed a sports ban in West Virginia, ruling that Title IX protects trans student athletes. However, the Supreme Court recently narrowed a victory for trans healthcare from the 9th U.S. Circuit Court of Appeals and allowed Idaho to continue enforcing its ban on gender-affirming care for everyone except the two plaintiffs in the case.
Importantly, that decision was not about the constitutionality of gender-affirming care, but the limits of temporary injunctions in the early stages of a constitutional challenge to discriminatory state laws. It is likely that the Supreme Court will ultimately hear cases on this topic in the near future.
Celebrating the victory, Lambda Legal Counsel and Health Care Strategist Omar Gonzalez-Pagan said in a posted statement, “The court’s decision sends a clear message that gender-affirming care is critical medical care for transgender people and that denying it is harmful and unlawful … We hope this decision makes it clear to policy makers across the country that health care decisions belong to patients, their families, and their doctors, not to politicians.”
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
United Methodist Church removes 40-year ban on gay clergy
Republican state AGs challenge Biden administration’s revised Title IX policies
University students have a right to protest
Former CAMP Rehoboth official sentenced to nine months in prison
Christian Siriano to serve as grand marshal of Annapolis Pride Parade
Md. governor signs Freedom to Read Act
HHS reverses Trump-era anti-LGBTQ rule
4th Circuit rules gender identity is a protected characteristic
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