National
Supreme Court hears anti-gay referendum case
Plaintiffs hope to keep secret names of referendum backers
U.S. Supreme Court (DC Agenda photo by Michael Key)
U.S. Supreme Court justices posed tough questions Wednesday to plaintiffs seeking to keep secret the names of Washington state petitioners who last year put an anti-gay referendum on the state ballot.
In the case of Doe v. Reed, plaintiffs contend a state law requiring public disclosure of petition signatures violates the First Amendment rights of signers who placed on the ballot an initiative, known as Referendum 71, to rescind the state’s recently expanded domestic partner registry.
Despite the efforts, Washington residents upheld the state’s domestic partner registry, 53-47 percent. In the aftermath, opponents of the registry have sought to keep secret the names of people who put the measure on the ballot. The state contends it has a legitimate governmental interest in public disclosure of the names because it preserves electoral integrity and provides important information to voters.
Representing plaintiffs during oral arguments was James Bopp, a conservative attorney who also serves as general counsel for Focus on the Family. He argued the public disclosure would subject people who signed the petition to possible danger.
“No person should suffer harassment from participating in the political system,” Bopp said.
But many justices expressed skepticism about Bopp’s argument during his appearance before the court. Some of the toughest questions came from justices known for holding conservative views.
Associate Justice Antonin Scalia noted openness is a component of democracy, and said petitioning the court to strike the Washington law as unconstitutional was “asking us to go into a whole new field where we’ve never gone before.”
“The fact is running a democracy takes a certain amount of civic courage, and the First Amendment doesn’t protect you from criticism — or even nasty phone calls,” Scalia.
Also expressing skepticism about the plaintiffs’ arguments was Chief Justice John Roberts, who noted that striking down the Washington law would also mean the court would also strike down similar public disclosure laws throughout the country.
Associate Justice Ruth Bader Ginsburg questioned whether the names on the list would remain confidential without the public disclosure law. She noted that Protect Marriage, the organization that launched the initiative, would still have access to the names and could use them for fundraising or sell them to others.
As justices challenged his assertion that petitioners could be subject to harassment, Bopp replied that the campaign manager for Protect Marriage had his entire family sleep together in one room of his home because of threats he received.
Scalia replied that such threats “should be moved against vigorously,” but said they shouldn’t necessarily stop the political process as established by Washington law.
Defending the law on behalf of Washington during oral arguments was Washington Attorney General Robert McKenna, who maintained the law as it stood provided no information about signers that was unconstitutional.
He noted that Washington has had other controversial matters on the ballot, including a question regarding assisted suicide, and said there was no evidence that petition signers for those referenda were harassed.
Associate Justice Samuel Alito directed some of the toughest questions toward McKenna. The justice questioned why it’s necessary to disclose signatures to preserve electoral integrity when the secretary of state could crosscheck the names in a voter registration database.
Additionally, Alito asked whether the attorney general would disclose the names and addresses of people working at his office so people could come to employees’ homes and have “uncomfortable conversations” with them.
McKenna replied the office wouldn’t disclose the names, noting people with concerns can come to the attorney general’s office to have these “uncomfortable conversations.”
Multiple LGBT groups, including Lambda Legal, Gay & Lesbian Advocates & Defenders and the National Center for Lesbian Rights, filed friend-of-the-court briefs in the case on behalf of Washington state.
In a statement, Jon Davidson, Lambda’s legal director, criticized the notion that potential harassment against people who signed the petition compares to discrimination endured by the LGBT community.
“There’s no comparison between a few scattered instances of whispers and disapproving glares and the very real discrimination, harassment and even violence LGBT people experience every day all over the country,” he said. “After all, more hate crimes are reported against gay people than any other group per capita in the United States.”
Shannon Minter, legal director for the National Center for Lesbian Rights, called the plaintiffs’ arguments “an outrageous attempt by anti-gay groups to use false claims of persecution to undermine laws that protect the integrity of the democratic process.”
A decision in the case is expected before the end of the current term for the Supreme Court in July.
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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Comings & Goings
Pride season has begun
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Judy Shepard to receive Presidential Medal of Freedom
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a&e features4 days agoPride season has begun
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Federal Government4 days ago4th Circuit rules gender identity is a protected characteristic
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World4 days agoNew World Bank US executive director: LGBTQ rights are human rights
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The White House24 hours agoJudy Shepard to receive Presidential Medal of Freedom