News
It’s official: Senate confirms Brett Kavanaugh to Supreme Court
Vote narrowest in history for seating of justice to high court
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.
“The White House applauds the Senate for confirming President Trump’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.”
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. “Kavanaugh’s belligerence and hyperpartisan attacks at last week’s hearing do not reflect the temperament or impartiality required for a lifetime appointment to our nation’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.
“Today, 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 Trump’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 Trump’s transgender military ban, whether federal civil laws against sex discrimination applies to LGBT people and whether “religious freedom” 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 Senate’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.”
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.
“Brett Kavanaugh has been granted the opportunity to ensconce President Trump and Vice President Pence’s hate-fueled anti-LGBTQ agenda on the nation’s top court for decades to come, threatening the hard-won rights of women, LGBTQ people, immigrants, and all vulnerable people,” Ellis said. “We 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.”
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
Federal Government
Education Department rolls back protections for LGBTQ students under Title IX
The DoE policy rescinds Biden-era protections
The Department of Education rolled back a Biden-era Title IX interpretation on Monday that secured sex-based discrimination protections for students on the basis of sexual orientation and gender identity.
Title IX was established in 1972 as landmark civil rights law. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
Education Secretary Linda McMahon spoke about the revision of the policy, claiming the decision would explicitly help “women and girls.”
“Thanks to today’s action, the published Title IX regulations faithfully reflect court orders and congressional intent — reducing confusion for parents, students, and educational institutions. We will continue to relentlessly champion equal opportunity for all Americans and hold accountable any school or college that violates the rights, privacy, or athletic opportunities of our women and girls,” McMahon said via press release.
Prior to her work under the Trump-Vance administration, McMahon was a World Wrestling Federation/World Wrestling Entertainment executive before resigning to pursue a career in politics. She was appointed to the Connecticut State Board of Education by then-Gov. Jodi Rell in January 2009, but resigned from her role shortly afterward to run what ultimately became two failed campaigns for Connecticut’s U.S. Senate seat in 2010 and 2012.
A “fact sheet” provided by the Department of Education also called the inclusive sexual assault and gender identity protections expanded under the Biden-Harris unlawful, saying, “This change is necessary to provide clarity in the Code of Federal Regulations so that institutions, administrations, students, and families can see the rules that are actually in force and to help eliminate public confusion about the Biden administration’s unlawful attempt to stretch Title IX’s legal protections to cover ‘sexual orientation’ and ‘gender identity.’”
This is not the first time this policy has faced judicial hurdles. While Biden was still in office, the plan was struck down in multiple courts in Republican states.
Opponents of the move say it will harm transgender athletes and weaken protections for sexual assault victims.
“Sexual harassment and assault continue to be pervasive in schools and, to the fullest extent possible, we should be working to enforce the laws that protect student survivors of sexual violence. Yet, Education Secretary Linda McMahon and the Trump administration have decided to ignore what survivors need, instead weaponizing Title IX to attack trans students,” said Shiwali Patel, senior director of education justice at the National Women’s Law Center.
This is a return to a first Trump term policy after Biden issued an executive order to attempt to curb discrimination for all — especially those with different sexual orientations and gender identities — that had been given a pass during Trump’s first term. Much of Title IX’s policy has a narrow vision of what sex protections look like that often and enthusiastically leave gender-diverse and non-heterosexual people out.
In March 2021, President Joe Biden signed Executive Order 14021, “Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” to attempt to undo some of the flagrantly anti-LGBTQ policy the Trump-Pence administration had set forth relating to Title IX protections for LGBTQ students and sexual assault survivors.
The secretary focused this “win” for the administration as one more step toward restricting transgender students from competing in women’s sports, but the 2020 rule, completed under former Education Secretary Betsy DeVos, didn’t explicitly ban trans students from participating on sports teams consistent with their gender identity. It did limit the types of sexual harassment and assault complaints that schools had to investigate and required live hearings so male students could respond to accusations.
McMahon didn’t discuss those aspects in her statement or in requests for comment. The 2020 rule drew praise from conservatives and intense opposition from advocates who said it downplayed sexual abuse and left victims unprotected.
In a statement, U.S. Rep. Tim Walberg (R-Mich.), who chairs the House Education Committee, said, “Returning to the 2020 regulations restores longstanding protections for women and girls that the Biden-Harris administration attempted to dismantle and realigns Title IX policy with court precedents.”
LGBTQ activists have called this decision a direct attack on LGBTQ safety — particularly for trans students who continue to face a barrage of legislative, executive, and judicial attacks in recent years from the Trump-Vance administration.
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy group in the world, released a statement following the DoE’s announcement.
“Title IX is, quite simply, about protecting students and ensuring that they are safe from abuse, harassment, and discrimination while they pursue their education. But Donald Trump and his cronies aren’t interested in any of that,” Robinson said. “Donald Trump’s Department of Education has completely lost sight of that mission. Instead of enforcing protections for students, they’re rescinding them. They don’t care if sexual harassment and assault go unaddressed. And they’re happy to strip funding away from school districts and states that are actually trying to keep students safe.
“We know who will be hurt: women, girls, and others who are vulnerable to sexual harassment, assault and abuse — including LGBTQ+ students. The fact that they’re dropping this rule into place abruptly, without a comment period, denying families, educators, loved ones, and the students themselves a say in how they should be treated, shows how little they care about the safety of our students.
“This is a monstrous injustice, and it drives home how essential it is that we take action at the polls this November to start bringing some accountability to an administration that has turned its back on the very students Title IX was written to protect,” she added.
The Washington Blade reached out to the DoE for comment and questions on whether Title IX protections still included LGBTQ students, and received this email response from Education Spokesman Sabin Sidney:
“Your questions indicate you are clearly missing the entire point of this Final Rule. The Biden Administration illegally rewrote Title IX to include ‘sexual orientation’ and ‘gender identification’ in the definition of sex-based discrimination. The Trump Administration is rescinding this rule—only after every federal court that heard legal challenges rejected it as unlawful.
“Since January 2025, the Department has been enforcing Title IX consistent with the President’s Executive Order grounded in biological truth that there are only two sexes. The Trump Administration is restoring the original promise of Title IX and providing clarity to students, parents, and educational institutions. We will vigorously defend equal opportunity consistent with the law’s intended purpose.”
By JOHN-JOHN WILLIAMS IV | Those legendary heavy-handed pours, spirited karaoke and trivia nights, and groan-worthy wall-to-wall patrons on packed nights are back!
Leon’s will live to see another day.
Baltimore’s oldest gay bar, which opened in the 1950s, closed in July following the death of its owner, Ron Singer.
The rest of this article can be read on the Baltimore Banner’s website.
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