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White House silent on judicial nominee with anti-gay record

Boggs voted against marriage equality as Georgia state legislator

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Josh Earnest, White House, Barack Obama Administration, press, gay news, Washington Blade
Josh Earnest, White House, Barack Obama Administration, press, gay news, Washington Blade

White House Principal Deputy Press Secretary Josh Earnest has no comment on a judicial nominee with an anti-gay record. (Washington Blade file photo by Michael Key)

White House Principal Deputy Press Secretary Josh Earnest had no comment on Thursday regarding a controversial judicial nominee with an anti-gay record — despite calls from progressive groups on President Obama to take back the selection.

Under questioning from The Huffington Post’s Jennifer Bendery, Earnest professed to have no knowledge of calls to remove Michael Boggs, whom President Obama tapped in December for a seat on the U.S. District Court for the Northern District of Georgia.

“I haven’t seen the statements from the groups that you mentioned,” Earnest said. “I’ll see if we can collect some more information and get back to you with a specific reaction.”

Earnest declined comment during the briefing after the White House for more than a week hasn’t responded to the Washington Blade’s request to comment on calls to remove Boggs.

Progressive groups say they’re troubled by Boggs because of his record as a state legislator in Georgia. Among his votes were against removing the Confederate emblem from Georgia’s state flag; in favor of a “Choose Life” license plate that helped fund anti-abortion groups; and in favor of strengthening parental consent laws to require a photo ID and for parents to accompany daughters under the age of 18 to abortion clinics — with no exception for rape or incest.

More relevant to the LGBT rights movement, Boggs in 2004 voted for legislation authorizing the referendum on the constitutional amendment to ban same-sex marriage in Georgia. It’s unclear whether he still holds that position, or, like many other lawmakers, he has since evolved to support marriage equality.

On Thursday, a group of 27 progressive groups — including a trio of LGBT groups, the Human Rights Campaign, GetEQUAL Action, and the National Gay & Lesbian Task Force — wrote to members of the Senate Judiciary Committee to urge them to reject Boggs.

“We believe that Boggs’s record on reproductive rights, civil rights, and LGBT rights is especially troubling in a nominee to the federal bench,” the letter states. “Litigants in Georgia, and the nation as a whole, deserve a judge whose commitment to equal justice is clear.”

A Senate aide said the committee doesn’t have all of the paperwork in for Boggs and hasn’t yet scheduled a confirmation hearing.

Boggs, who received his law degree in 1990 from Mercer University’s Walter F. George School of Law, has since 2012 served as a judge on the Georgia Court of Appeals.

In 2000, Boggs was elected as a Democrat to the Georgia State House, where he held office until 2004. From 2004 to 2012, he was a Superior Court Judge of the Waycross Judicial Circuit of the First Judicial Administrative District of Georgia of the Georgia Superior Court, where he established and presided over the court’s felony drug court program.

Although the Task Force has already called on Obama to recall the nomination, the presence of HRC on the letter is notable because the organization had previously said it was awaiting Boggs’ hearing before making a judgment on the nominee.

Fred Sainz, vice president of communications for the Human Rights Campaign, said he had no comment Thursday on the White House’s continued silence and deferred questions about HRC’s change in position to the letter.

According to The Huffington Post, Obama’s choice of Boggs is part of a package deal struck between the president and Georgia’s two Republican senators, Saxby Chambliss and Johnny Isakson. Four of the six nominees are GOP picks, and just one is black, but the trade-off is that other Georgia nominees in the package will now move forward after years of going nowhere.

Obama faces requests to remove Boggs as he met with black civil rights leaders on Tuesday to discuss issues including criminal justice reform and income inequality.

Asked whether Boggs came up during these discussions, Earnest referred to a White House blog posting on the event without mentioning in the controversial judicial nominee.

“I think there’s a blog post available at whitehouse.gov about the conversations that the president had with those leaders,” Earnest said. “They talked about the Affordable Care Act, and work in communicating to the American public, and particularly to individuals in the African-American community, the potential benefits that are available to them at healthcare.gov, and some of the protections that were put in place for consumers because of the Affordable Care Act. I know they had conversations about some of the ideas to criminal justice reform that the president and the attorney general both discussed. In terms of specifics, I can’t go beyond that, in terms of whether or not a specific judicial nominee came up.”

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Maryland

Md. governor signs Freedom to Read Act

Law seeks to combat book bans

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Maryland Gov. Wes Moore (Public domain photo/Twitter)

Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.

House Bill 785, also known as the Freedom to Read Act, would establish a state policy “that local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.”

Moore on Thursday also signed House Bill 1386, which GLSEN notes will “develop guidelines for an anti-bias training program for school employees.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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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.

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