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Biden labels Supreme Court ruling on Roe v. Wade ‘a sad day for court’

“Imagine, woman having to carry a child that’s a consequence of incest, with no option” to terminate the pregnancy, Biden said

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President Biden speaks to Americans after Supreme Court overturns Roe v. Wade (Screenshot/YouTube)

WASHINGTON – Just after the Supreme Court’s conservative majority moved to overturn the constitutional right to abortion on Friday in a 6-3 ruling, President Joe Biden vowed to protect American women from prosecution for traveling to other states to terminate their pregnancies. 

Thirteen states have made or will soon make abortion illegal, some without exceptions for rape and incest, following today’s ruling. After a draft of that ruling was leaked in May, some state legislatures considered bills to prevent women from circumventing their restrictions on abortion. 

“If any state or local official high or low tries to interfere with a woman exercising her basic right to travel, I will do everything in my power to fight that unamerican attack,” Biden said. 

Delivering his remarks from the Great Cross Hall of the White House, the President looked visibly upset, particularly when discussing the extreme abortion bans in some states that will now be allowed to go into effect. 

“They are so extreme that women can be punished for protecting their health; that some women and girls will be forced to bear their rapists’ child,” Biden said. It was at this point that he appeared to go off-script to share his personal feelings on the ruling and its implications. “It just stuns me,” he said. “Imagine, woman having to carry a child that’s a consequence of incest, with no option” to terminate the pregnancy.

Biden called for those who share his anger and outrage – many who gathered on the steps of the Supreme Court in protest – to remain peaceful. He urged Americans to vote to give Democrats in Congress the majority that will be necessary for them to codify the constitutional right to abortion first established by the Supreme Court’s 1973 ruling in Roe v. Wade and overturned today with the decision in Dobbs v. Jackson Women’s Health.

Biden warned of the “dangerous path the court is taking us on,” pointing to Justice Thomas’s comments in the decision that “In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” 

Should the court revisit the precedents established by those cases, it could mean constitutional protections for the return of laws banning birth control, sodomy and same-sex marriage. 

Biden noted Americans’ constitutional right to abortion was affirmed in multiple decisions by the Supreme Court, endorsed by justices who were appointed by presidents from both parties. 

“It was three justices named by one president, Donald Trump, who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country,” Biden said.

President Biden speaks on Supreme Court decision to overturn Roe v. Wade:

Full transcript:

REMARKS BY PRESIDENT BIDEN
ON THE SUPREME COURT DECISION
TO OVERTURN ROE V. WADE

Today is a — it’s not hyperbole to suggest a very solemn moment.  Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it had already recognized.

They didn’t limit it.  They simply took it away.  That’s never been done to a right so important to so many Americans.

But they did it.  And it’s a sad day for the Court and for the country.

Fifty years ago, Roe v. Wade was decided and has been the law of the land since then.

This landmark case protected a woman’s right to choose, her right to make intensely personal decisions with her doctor, free from the inter- — from interference of politics.

It reaffirmed basic principles of equality — that women have the power to control their own destiny.  And it reinforced the fundamental right of privacy — the right of each of us to choose how to live our lives.

Now, with Roe gone, let’s be very clear: The health and life of women in this nation are now at risk.

As Chairman and Ranking Member of the Senate Judiciary Committee, as Vice President and now as President of the United States, I’ve studied this case carefully.  I’ve overseen more Supreme Court confirmations than anyone today, where this case was always discussed.

I believe Roe v. Wade was the correct decision as a matter of constitutional law, an application of the fundamental right to privacy and liberty in matters of family and personal autonomy.

It was a decision on a complex matter that drew a careful balance between a woman’s right to choose earlier in her pregnancy and the state’s ability to regulate later in her pregnancy.  A decision with broad national consensus that most Americans of faiths and backgrounds found acceptable and that had been the law of the land for most of the lifetime of Americans today.

And it was a constitutional principle upheld by justices appointed by Democrat and Republican Presidents alike. 

Roe v. Wade was a 7 to 2 decision written by a justice appointed by a Republican President, Richard Nixon.  In the five decades that followed Roe v. Wade, justices appointed by Republican Presidents — from Eisenhower, Nixon, Reagan, George W. [H.W.] Bush — were among the justices who voted to uphold the principles set forth in Roe v. Wade.

It was three justices named by one President — Donald Trump — who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country.

Make no mistake: This decision is the culmination of a deliberate effort over decades to upset the balance of our law.  It’s a realization of an extreme ideology and a tragic error by the Supreme Court, in my view.

The Court has done what it has never done before: expressly take away a constitutional right that is so fundamental to so many Americans that had already been recognized.

The Court’s decision to do so will have real and immediate consequences.  State laws banning abortion are automatically taking effect today, jeopardizing the health of millions of women, some without exceptions. 

So extreme that women could be punished for protecting their health.

So extreme that women and girls who are forced to bear their rapist’s child — of the child of consequence. 

It’s a — it just — it just stuns me. 

So extreme that doctors will be criminalized for fulfilling their duty to care.

Imagine having — a young woman having to ch- — carry the child of incest — as a consequence of incest.  No option. 

Too often the case that poor women are going to be hit the hardest.  It’s cruel.

In fact, the Court laid out state laws criminalizing abortion that go back to the 1800s as rationale — the Court literally taking America back 150 years. 

This a sad day for the country, in my view, but it doesn’t mean the fight is over.

Let me be very clear and unambiguous: The only way we can secure a woman’s right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law.

No executive action from the President can do that.  And if Congress, as it appears, lacks the vote — votes to do that now, voters need to make their voices heard.

This fall, we must elect more senators and representatives who will codify a woman’s right to choose into federal law once again, elect more state leaders to protect this right at the local level.

We need to restore the protections of Roe as law of the land.  We need to elect officials who will do that.

This fall, Roe is on the ballot.  Personal freedoms are on the ballot.  The right to privacy, liberty, equality, they’re all on the ballot. 

Until then, I will do all in my power to protect a woman’s right in states where they will face the consequences of today’s decision.

While the Court’s decision casts a dark shadow over a large swath of the land, many states in this country still recognize a woman’s right to choose.

So if a woman lives in a state that restricts abortion, the Supreme Court’s decision does not prevent her from traveling from her home state to the state that allows it.  It does not prevent a doctor in that state — in that state from treating her.

As the Attorney General has made clear, women must remain free to travel safely to another state to seek the care they need.  And my administration will defend that bedrock right. 

If any state or local official, high or low, tries to interfere with a woman’s ex- — exercising her basic right to travel, I will do everything in my power to fight that deeply un-American attack.

My administration will also protect a woman’s access to medications that are approved by the Food and Drug Administration — the FDA — like contraception, which is essential for preventative healthcare; mifepristone, which the FDA approved 20 years ago to safely end early pregnancies and is commonly used to treat miscarriages.

Some states are saying that they’ll try to ban or severely restrict access to these medications. 

But extremist governors and state legislators who are looking to block the mail or search a person’s medicine cabinet or control a woman’s actions by tracking data on her apps she uses are wrong and extreme and out of touch with the majority of Americans.

The American Medical Association and the American College of Obstetricians and Gynecologists wrote to me and Vice President Harris stressing that these laws are not based on — are not based on evidence and asking us to act to protect access to care.  They say by limiting access to these medicines, maternal mortality will climb in America.  That’s what they say.

Today, I’m directing the Department of Health and Human Services to take steps to ensure that these critical medications are available to the fullest extent possible and that politicians cannot interfere in the decisions that should be made between a woman and her doctor.  And my administration will remain vigilant as the implications of this decision play out.

I’ve warned about how this decision risks the broader right to privacy for everyone.  That’s because Roe recognized the fundamental right to privacy that has served as the basis for so many more rights that we have come to take — we’ve come to take for granted that are ingrained in the fabric of this country: the right to make the best decisions for your health; the right to use birth control — a married couple — in the privacy of their bedroom, for God’s sake; the right to marry the person you love. 

Now, Justice Thomas said as much today.  He explicitly called to reconsider the right of marriage equality, the right of couples to make their choices on contraception.  This is an extreme and dangerous path the Court is now taking us on. 

Let me close with two points. 

First, I call on everyone, no matter how deeply they care about this decision, to keep all protests peaceful.  Peaceful, peaceful, peaceful.  No intimidation.  Violence is never acceptable.  Threats and intimidation are not speech.  We must stand against violence in any form regardless of your rationale.

Second, I know so many of us are frustrated and disillusioned that the Court has taken something away that’s so fundamental.  I know so many women are now going to face incredibly difficult situations.  I hear you.  I support you.  I stand with you. 

The consequences and the consensus of the American people — core principles of equality, liberty, dignity, and the stability of the rule of law — demand that Roe should not have been overturned.

With this decision, the conservative majority of the Supreme Court shows how extreme it is, how far removed they are from the majority of this country.  They have made the United States an outlier among developed nations in the world.  But this decision must not be the final word.

My administration will use all of its appropriate lawful powers.  But Congress must act.  And with your vote, you can act.  You can have the final word.  This is not over.

Thank you very much.  I’ll have more to say on this in weeks to come.  Thank you.

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The White House

Jane Rigby awarded Presidential Medal of Freedom

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NASA astrophysicist Jane Rigby, the senior project scientist for the space agency's James Webb Space Telescope, was awarded the Presidential Medal of Freedom by President Joe Biden on May 3, 2024, at the White House. (Photos courtesy of NASA)

Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nation’s highest civilian honor, on her.

Rigby, an astronomer who grew up in Delaware, is the chief scientist of the world’s most powerful telescope who alongside her team operating NASA’s James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system. 

A member of Penn State’s Class of 2000, Rigby graduated with a bachelor’s degrees in physics and astronomy. She also holds a master’s degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASA’s Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.

Rigby was named to Nature.com’s 2022 list of 10 individuals who shaped science and to the BBC’s list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.

A founding member of the American Astronomical Society’s Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.

The lesbian astrophysicist in an interview for SGMA’s website spoke about her experiences including coming out:

“I’ve been out since 2000. My story’s simple — I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They weren’t directed at me, and they weren’t said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. I’ve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,” she told the interviewer.

She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:

“One of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up — the person that made me say, “I want to do THAT when I grow up.” It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So I’m so … amused, I suppose, that Sally Ride was this influence on my life’s path, at a time when I was completely unaware that it was even possible to *be gay* — and at the same time, she was gay, in love, and deeply closeted to keep her job.”

The interviewer noted that “for some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.” Then asked Rigby what is your view on this?

“My experience is that absolutely I am a *better* astronomer because I’m queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because I’m an outsider, because I’ve been marginalized. And because community-building is central to LGBTQ culture,” she said.

Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.

Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries — one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.

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Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

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).

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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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