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It’s official: Senate confirms Brett Kavanaugh to Supreme Court

Vote narrowest in history for seating of justice to high court

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Brett Kavanaugh refused to say he supports the Obergefell decision. (Blade photo by Michael Key)

The U.S. Senate voted on Saturday to confirm Brett Kavanaugh to the U.S. Supreme Court, bringing to an end a tumultuous confirmation process for President Trump’s judicial nominee.

With Vice President Mike Pence presiding over the chamber in case his constitutional duty to break tie votes was required, the Senate voted 50-48 to confirm Kavanaugh.

The Senate confirmed Kavanaugh despite multiple allegations the nominee committed sexual assault. Christine Blasey Ford testified before the Senate a teenaged Kavanaugh sexually assaulted her in 1982 when she was 15 years old. Kavanaugh also faced accusations of perjury based on his testimony, including his assertion the meaning of “Devil’s Triangle” and “boofed” in his high school yearbook entry weren’t sexually related terms.

Other critics said his response to the accusations in his testimony before the Senate, including an assertion it was a result of “revenge of the Clintons,” demonstrated a lack of judicial temperament and made him unfit for the Supreme Court.

The vote was largely along party lines, although Sen. Joe Manchin (D-W-Va.) broke with Democrats to vote in favor of nomination. Sen. Lisa Murkowski (R-Alaska) came out against Kavanaugh’s confirmation, but voted “present” on the confirmation vote in the spirit of comity because Sen. Steve Daines (R-Mont.) absent because he was attending his daughter’s wedding.

Sen. Susan Collins (R-Maine), a supporter of LGBT rights who was a champion of “Don’t Ask, Don’t Tell” and the Employment Non-Discrimination Act, was thought to be a potential “no” vote on Kavanaugh, but declared her support for the nominee Friday.

The margin was the narrowest ever in history for the confirmation of a justice to the Supreme Court, beating the 52-48 vote in 1991 to confirm U.S. Associate Justice Clarence Thomas.

Raj Shah, a White House spokesperson, said in a statement the Trump administration would waste no time in seating Kavanaugh and arrange his swearing-in the day of his confirmation vote.

ā€œThe White House applauds the Senate for confirming President Trumpā€™s nominee Judge Brett Kavanaugh to the Supreme Court,” Shah said. “Later today, the President will sign his commission of appointment and he will be officially sworn in.ā€

According to the Associated Press, U.S. Chief Justice John Roberts and former U.S. Associate Justice Anthony Kennedy would swear in Kavanaugh to the Supreme Court.

Progressive and LGBT groups, who opposed Kavanaugh since he was nominated out of fears he’d rollback LGBT rights and overturn Roe v. Wade, were indignant over the Senate approving his nomination.

Shannon Minter, legal director for the National Center for Lesbian Rights, said in a statement the confirmation was “a slap in the face to women and all sexual assault survivors.”

“It is also a blow to the legitimacy of the Supreme Court,” Minter said. “Kavanaughā€™s belligerence and hyperpartisan attacks at last weekā€™s hearing do not reflect the temperament or impartiality required for a lifetime appointment to our nationā€™s highest court.”

Kavanaugh now takes the seat on the Supreme Court formerly occupied by Kennedy, who was known as a moderate, dwing justice and wrote four major milestone decisions in favor of gay rights, including the 2015 ruling for marriage equality nationwide.

During his time as a judge on the U.S. Circuit Court of Appeals for the Federal Circuit, Kavanaugh wasn’t asked to deliver any rulings on LGBT rights. However, his inclusion on Trump’s list of potential Supreme Court nominees, chosen by the Federalist Society and the Heritage Foundation, cast doubt he would the interpret the law favorably for LGBT rights.

Stan Sloan, CEO of the Family Equality Council, articulated in a statement the concerns felt by LGBT rights supporters over Kavanaugh’s confirmation.

ā€œToday, we recognize the deep disappointment and fear many Americans are feeling, and acknowledge the specific fears of the LGBTQ community as the Justice joining the Supreme Court has a record that indicates he would undercut our rights, uphold discrimination against our community, and allow President Trumpā€™s anti-LGBTQ agenda to withstand judicial scrutiny,” Sloan said.

Many LGBT right supporters have raised concerns Kavanaugh will be the deciding vote reversing Kennedy’s landmark decisions on LGBT rights, including the decision for marriage equality nationwide. Kavanaugh’s responses on LGBT rights during his confirmation hearing left LGBT legal experts wholly unsatisfied.

The chances of reversing Obergefell three years after the court issued the decision may be slim, but marriage equality is but one issue Kavanaugh could face as a justice. Other LGBT-related cases that may come to Supreme Court with Kavanaugh on the bench including litigation challenging President Trumpā€™s transgender military ban, whether federal civil laws against sex discrimination applies to LGBT people and whether ā€œreligious freedomā€ affords a right for individuals and businesses to discriminate against LGBT people.

Mara Keisling, executive director of the National Center for Transgender Equality, said in a statement the confirmation was a “moral failure” on the part of the Senate.

“Justice Kavanaugh is a direct threat to the well-being of 2 million transgender people, and his confirmation is an insult to the millions of people who have survived sexual assault,” Keisling said. “Every time the Supreme Court strips more rights away, survivors will receive a painful reminder that decisions about their lives are being made by people who have been credibly accused of sexual assault.”

With Kavanaugh seated, many progressives are hoping outrage over the confirmation will contribute to the energy driving an expected “blue” wave at the polls in the upcoming congressional mid-term elections. However, new signs have indicated the Kavanaugh confirmation process has also generated a backlash among Republican voters, who are now telling pollsters they’re also energized.

Chad Griffin, president of the Human Rights Campaign, said in a statement the “harmful consequences of the Senateā€™s decision to support Brett Kavanaugh will last decades” and urged voters to make their objections heard at the polls.

“In the wake of this news, there is only one course of action,” Griffin said. “The millions of Americans who have fought a valiant struggle against this Trump-Pence nominee must make their voices heard in November and beyond by electing lawmakers who will stand up for our rights rather than sell us out.ā€

Kavanaugh may not be out of the woods even though he was confirmed to the Supreme Court. Rep. Jerrold Nadler (D-N.Y.), top Democrat on the House Judiciary Committee, has indicated a Democratic majority in the House would further investigate sexual assault and perjury allegations against Kavanaugh, which could result in impeachment proceedings.

Sarah Kate Ellis, CEO of GLAAD, said in a statement voters should head to the polls to November to contain and reverse the Kavanaugh confirmation and the Trump administration.

ā€œBrett Kavanaugh has been granted the opportunity to ensconce President Trump and Vice President Penceā€™s hate-fueled anti-LGBTQ agenda on the nationā€™s top court for decades to come, threatening the hard-won rights of women, LGBTQ people, immigrants, and all vulnerable people,ā€ Ellis said. ā€œWe must turn our attention to the ballot box in November to protect and preserve our most deeply held American values, and resist the tyranny of the Trump Administration.ā€

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National

Bill to support LGBTQ+ seniors in rural areas reintroduced

‘LGBTQ+ elders and older people living with HIV live in every part of this nation & should be able to access services and care’

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(Washington Blade file photo by Lou Chibbaro, Jr.)

WASHINGTON ā€“ Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) reintroduced legislation to increase access to needed services and resources for LGBTQ+ seniors who live in rural areas this week.

The Elder Pride Act would bolster the capacity and ability of Area Agencies on Aging (AAA) located in rural communities to better serve and support LGBTQ+ seniors who often require affirming care, services, and supports that are often underfunded and scarce in many parts of the country.

Recent surveys show that between 2.9 million and 3.8 million LGBTQ+ people live in rural American communities.

ā€œLGBTQ+ elders and older people living with HIV live in every part of this nation, including rural areas. We all deserve to be able to age in our communities with the services and supports we need to remain independent,ā€ SAGE CEO Michael Adams said in the press release announcing the reintroduction of the legislation. ā€œWe commend Representatives Suzanne Bonamici (D-OR), Mark Pocan (D-WI), and Sharice Davids (D-KS) on reintroducing the Elder Pride Act. And we honor the contributions of our many LGBTQ+ trailblazers whose tireless advocacy allowed us to reintroduce this critical bill. We look forward to working alongside Reps. Bonamici, Pocan, and Davids, and our LGBTQ+ pioneers nationwide to pass this legislation.ā€

ā€œLGBTQI+ seniors should be able to access services and care that meets their unique needs, regardless of where they live,ā€ said Rep. Bonamici, Chair of the Equality Caucusā€™ LGBTQ+ Aging Issues Task Force.ā€Those who live in rural areas frequently face increased barriers, which Congress can break down. The Elder Pride Act will increase resources for programs and services that will improve the lives of LGBTQI+ elders.ā€

ā€œThe Elder Pride Act will improve the overall health and social and economic well-being of LGBTQI+ older adults and seniors living with HIV in rural areas by better equipping senior service providers with resources to address the unique needs of these communities. Iā€™m pleased to introduce this important legislation with my colleagues and co-leaders on the Equality Caucus, Reps. Pocan and Davids,ā€ Bonamici added.

ā€œRural LGBTQI+ seniors have been lacking access to necessary services and care for too long,ā€ said Pocan, Co-Chair of the Congressional LGBTQ+ Equality Caucus. ā€œThe Elder Pride Act creates opportunities for LGBTQ+ seniors in rural communities, benefiting everyone in the region. I look forward to advancing this important legislation.ā€

ā€œMany of our LGBTQ+ elders fought tirelessly for equality in a world that refused to accept their identity,ā€ said Rep. Davids. ā€œWhile they overcame tremendous odds to give future generations the rights they deserve, our elders, particularly those in rural communities, continue to face discrimination when accessing long-term care and healthcare. I am proud to support the Elder Pride Act because who you are and who you love should never increase your risk for isolation, poverty, and poor health outcomes as you age.ā€

The Elder Pride Act complements the Older American Act, which was updated under Bonamiciā€™s leadership, by establishing a rural grant program designed to fund care and services for LGBTQI+ seniors. The grant would also support programs that:

ā€¢ provide services such as cultural competency training for service providers;

ā€¢ develop modes of connection between LGBTQI+ older adults and local service providers and community organizations;

ā€¢ expand the use of nondiscrimination policies and community spaces for older adults who are members of the LGBTQI+ community or another protected class; and,

ā€¢ disseminate resources on sexual health and aging for senior service providers.

A fact sheet on the legislation can be found here, and the full text can be found here.

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Virginia

Youngkin vetoes bill that would have expanded Va. bullying definition

Bisexual state Del. Joshua Cole introduced House Bill 536

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Republican Virginia Gov. Glenn Youngkin speaks at a CNN Town Hall on March 9, 2023. (Screen capture via CNN)

Virginia Gov. Glenn Youngkin on Friday vetoed a bill that would have added sexual orientation, gender identity and expression to the state’s definition of bullying.

Lawmakers earlier this year approved House Bill 536, which bisexual state Del. Joshua Cole (D-Fredericksburg) introduced. 

“While I agree with the general purpose of the legislation, regrettably, the General Assembly did not approve my amendments,” said Youngkin in a statement. “Those recommendations would have expanded the definition of bullying to encompass all possible motives.”

“School administrators must work to prevent bullying and support our students’ mental health through a healthy learning environment, but the narrow definition provided in the legislation could be interpreted to exclude groups not included in the Virginia Human Rights Act, such as bullying victims raised with traditional values or those who are in foster care,” added the Republican.

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Congress

House ethics complaint filed over GOP staffer’s anti-trans email

Rep. Carol Miller’s chief of staff defended his actions

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Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), in 2012. (Screenshot/YouTube San Diego City Beat)

A federal government employee has filed a complaint to the U.S. House Ethics Committee over an email they received from Matthew Donnellan, chief of staff to Republican U.S. Rep. Carol Miller (W.Va.), which contained combative and anti-trans language. 

The Washington Blade has seen the correspondence between the parties, in which the confrontation was apparently kicked off when the congresswomanā€™s top aide received an email that included the senderā€™s preferred pronouns in the signature box, triggering his reply.

Donnellan wrote, “As a father, it is disgusting that anyone would ever tell my son or daughter that something is wrong with them and they should take sterilizing hormones or have surgery to cut off their genitals.”  

“The fact that you support that ideology by putting pronouns in your signature is awful,ā€ he said, adding, ā€œYouā€™re disgusting and should be ashamed of yourself. Donā€™t email me or anyone from my office ever again.ā€ 

A senior government official told the Blade in a written statement that the email was not out of character for Donnellan:

 ā€œIā€™ve heard from two colleagues several months apart about two separate transphobic emails, using identical language, from Matthew. Unfortunately these emailsā€”though inconsistent with the typical collegiality one would expect from a Chief of Staff on the Hillā€”is likely a reflection of both increased partisanship on the Hill and a rise in anti-LGBTQ rhetoric from the right.

ā€œNot only is this virtual, hate-filled temper tantrum unbecoming of a Chief of Staff, inappropriate, and unprofessional, it also hurts his bossā€™s constituents. DC is built on congressional staff, members of Congress, and executive officials being able to put aside their differences to find unlikely areas of commonality where they can work together. 

ā€œEven some of the most progressive members, like [U.S. Reps. Alexandria Ocasio-Cortez (N.Y.) and Jerry Nadler (N.Y.)] have partnered with some of the most conservative members, like [U.S. Reps. Matt Gaetz (Fla.) and Jim Jordan (Ohio)], respectively, when they can find common ground. 

ā€œMatthewā€™s refusal to work with an agency department or office just because a staffer has pronouns in their signature isnā€™t just hatefulā€”it means heā€™s cutting off opportunities to deliver results for his bossā€™s constituents, especially in a divided Washington.ā€

Donnellan told the Blade by email that his response to the government employee is ā€œa reply I send to anyone who uses pronouns or pushes gender ideology in any way.ā€ 

ā€œNo one is ā€˜born in the wrong bodyā€™ and it’s horrific to tell anyone that they need genital mutilation surgery or sterilizing drugs,ā€ he said. ā€œPeople who push gender ideology, actively or passively, are awful and should be confronted every single time.ā€

ā€œIf the blunt reality of the terrible things that they are pushing is offensive to them then they should strongly reconsider what it this they believe and the harm that they are doing rather than simply trying to conform to liberal luxury beliefs,ā€ Donnellan said. 

Addressing the complaint filed against him, Donnellan said, ā€œI haven’t heard anything from Ethics and doubt that I will, they generally don’t waste their time with sheltered progressives being forced into the real world for the first time.ā€

A House Ethics Committee spokesperson declined to comment when asked if they could confirm receipt of the complaint.

Asked whether Miller might object to the way that she and her Congressional office are represented with these confrontational email exchanges, Donnellan said his bossā€™s ā€œmotto is ā€˜cut the bullā€™, and gender ideology is some of the biggest bull there is.ā€   

On Friday, the congresswomanā€™s son Chris Miller placed third in the Republican primary contest for West Virginiaā€™s gubernatorial race, where the stateā€™s Attorney General Patrick Morrissey secured his partyā€™s nomination in a decisive victory with 33 percent of the vote. 

Leading up to the election, trans issues had emerged as a dominant focal point as the GOP candidates squared off against each other, with Millerā€™s campaign attacking Morrissey with allegations that he had profited from ā€œthe trans agendaā€ and backed a drug company that ā€œhelps turn boys into girlsā€ when working as a healthcare lobbyist in Washington.  

In one ad that was paid for by a super PAC chaired by his father, Miller said the pronouns used by Morrissey are ā€œmoney-grubbing liberal,ā€ an interesting charge to level at the conservative Republican attorney general of West Virginia (even notwithstanding the fact that those three words are not pronouns but, rather, nouns and verbs.)

Declaring preferred pronouns in workplace email signatures has become commonplace in both the public and private sector, whether for purposes of sending an affirming message to transgender and gender expansive employees and officers or to mitigate the chances that either they or their cisgender counterparts might be unintentionally misgendered. 

The Biden-Harris administration has pushed for agencies to adopt the practice along with other measures and policies to advance the rights and wellbeing of trans and gender expansive employees across the federal government. 

In a 2021 announcement of the U.S. Department of Agricultureā€™s issuance of updated guidance on the agencyā€™s email signature block, Michael Watts, director of civil rights for the U.S. Forrest Service, noted that ā€œThere are plenty of gender-neutral names out there, or names from other cultures that might not give you enough information to know their gender.ā€ 

While the inclusion of pronouns was not made mandatory at USDA, he urged employees to ā€œstrongly consider taking this small but important step toward supporting inclusiveness in the workplace.ā€ 

ā€œThe use of pronouns in our email signatures and getting into the habit of including pronouns in our introductions doesnā€™t really cost us anything,ā€ Watts added, arguing that the move constitutes ā€œa meaningful exchange to others and makes it easier for people to be respectful in how they address each other.ā€

ā€œI just think itā€™s the right thing to do,ā€ he said. 

Official guidance published by the U.S. Office of Personnel Management, which is responsible for administering policies across the U.S. federal civil service, stipulates that agencies should “take steps to provide the option for employees to include the pronouns they use in employee systems and profiles, including email signature blocks, employee directories and employee profiles.”

Some have gone further, such as by adding pronouns to email signatures for all employees, as the U.S. Department of State did in 2023, while others like USDA have established, as official policy, that “employees are encouraged to include their pronouns in the first line of their email signature block (e.g. he/him/his). Signature blocks are a simple and effective way for individuals to communicate their identified pronouns to colleagues, stakeholders, and customers.”

“For example,” the USDA writes, “adding pronouns to signature blocks also has the benefit of indicating to the recipient that you will respect their gender identity and choice of pronouns.”

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