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Gorsuch calls same-sex marriage ‘settled law’

‘I’ve tried to treat each case and each person as a person’

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Judge Neil Gorsuch (Washington Blade photo by Michael Key)

Amid opposition from LGBT rights supporters to the confirmation of Neil Gorsuch to the U.S. Supreme Court, President Trump’s nominee referred to same-sex marriage as “settled law,” but was otherwise relatively tight-lipped about his views during his confirmation hearings.

Grilled by members of the Senate Judiciary Committee about his judicial philosophy, U.S. Circuit Judge Gorsuch on Tuesday maintained “equal justice under the law” — words enshrined at the top of the Supreme Court building — was a “radical” idea, but one he’d uphold, when asked about application of the law to LGBT people.

Pressed by Sen. Al Franken about marriage equality specifically, Gorsuch replied, “It is absolutely settled law,” but added, “there’s ongoing litigation about its impact and its application right now.”

When Sen. Richard Durbin (D-Ill.) asked the nominee about his views on LGBT people, Gorsuch seemed irritated and responded, “What about them?” and as Durbin sought to clarify, the nominee retorted, “They’re people.”

Asked by Durbin to point to a statement or decision favorable to LGBT people, Gorsuch offered his judicial philosophy that all individuals are entitled to equal treatment under the law.

“I’ve tried to treat each case and each person as a person, not a this kind of person, not a that kind of person — a person,” Gorsuch said. “Equal justice under law is a radical promise in the history of mankind.”

Durbin pressed Gorsuch to clarify whether that applies to sexual orientation, prompting Gorsuch to invoke the 2015 Obergefell v. Hodges decision in favor of same-sex marriage.

“The Supreme Court of the United States has held that single-sex marriage is protected by the Constitution,” Gorsuch said, using “single-sex marriage” terminology commonly cited in Europe, but rarely in the United States, to refer to marriage equality.

Durbin brought up LGBT people in the context of questioning of John Finnis, whom Gorsuch identified as a mentor during his time at Oxford University. A conservative one-time law professor, Finnis delivered a deposition in the early ’90s in favor of Colorado’s anti-gay Amendment 2, a law that prohibited cities from enacting non-discrimination ordinances based on sexual orientation. The Supreme Court struck down the law in the 1996 Romer v. Evans decision.

Referencing a passage in which Finnis compared same-sex relationships to bestiality and said antipathy toward LGBT people is based not just on religious reasons, but societal views, Durbin asked Gorsuch whether he was aware of his mentor’s statements.

“I know he testified in the Romer case,” Gorsuch said. “I can’t specifically recall the specifics of his testimony or that he gave a deposition.”

When Durbin sought more information from Gorsuch on the impact Finnis had on his views, Gorsuch referred to rulings he made on the bench as a member of the U.S. 11th Circuit Court of Appeals.

“I think the best evidence is what I’ve written,” Gorsuch said. “I’ve written or joined over 6 million words as a federal appellate judge. I’ve written a couple of books. I’ve been a lawyer and a judge for 25 or 30 years, and I guess I’d ask you, respectfully, to look at my credentials and my record.”

In another exchange with Franken, Gorsuch conceded the issue of same-sex marriage is “settled” law, but acknowledged subsequent litigation is ongoing on its impact and kept his cards close to his vest on his personal views.

Referencing Gorsuch’s help with former President George W. Bush’s 2004 re-election campaign in Ohio as a member of “Lawyers for Bush,” Franken noted that was the year the state had an anti-gay amendment on the ballot and asked the nominee whether same-sex marriage should be subjected to popular vote.

“Senator, I don’t recall any involvement in that issue during that campaign,” Gorsuch said. “I remember going to Ohio.”

When Franken asked the nominee if he was aware of the marriage issue in 2004, Gorusch replied, “Certainly, I was aware about it.”

Pressed further by Franken for his views, Gorsuch added, “Any revelation about my personal views about this matter would indicate to people how I might rule as a judge. Mistakenly, but it might, and I have to be concerned about that.”

When Franken pointed out the U.S. Supreme Court has ruled in favor of same-sex marriage nationwide and asked Gorsuch how his views have changed since 2004, the nominee remain tight-lipped.

“My personal views, if were to begin speaking about my personal views on this subject, which every American has views on, would send a misleading signal to the American people,” Gorsuch said.

The Minnesota Democrat sought to move on to another topic as Gorsuch said he wanted to finish his thought about not being able to disclose personal view, but Franken said, “You’ve given a version of this answer before. I understand.”

The issue of marriage equality came up later in the hearing when Sen. Mazie Hirono (D-Hawaii) brought it up when asking Gorsuch about his views on whether the Constitution protects intimate and personal choices. Gorsuch again declined to express his personal views, but underscored the importance of the Obergefell decision as precedent.

“Obergefell is a precedent of the United States Supreme Court,” Gorsuch said. “It entitles persons to engage in single-sex marriage. That’s a right that the Supreme Court has recognized. It is a precedent of the United States Supreme Court entitled to all the deference to precedence of the United States Supreme Court, and that’s quite a lot.”

Much of the concern over Gorsuch concerns his subscription to the judicial philosophy of originalism in which jurists seek to determine lawmakers’ original intent of enacting statutes before ruling on them, a practice criticized as a means to deny justice to minority groups, including LGBT people. The late U.S. Associate Justice Antonin Scalia advocated that judicial viewpoint in his dissents to major gay rights cases, such as the U.S. Supreme Court decision in favor of same-sex marriage.

Sen. Amy Klobuchar (D-Minn.) sought clarification from Gorsuch on originalism, referencing, among other rulings, the 1996 Virginia Military Institute decision, which determined the state’s exclusion of women from the school violated the right to equal protection under the 14th Amendment. Scalia, in his dissent, wrote the decision was creating a new Constitution, not keeping to the original meaning of the U.S. Constitution.

Asked by Klobuchar whether the ruling was based on the original meaning of the Constitution, Gorsuch kept his views to himself and said, “The majority in that case argued that it was.” Gorsuch repeated his view the concept of equal protection under the law “is quite significant.”

When the Minnesota Democrat asked Gorsuch whether he’d apply that approach to minority groups, such as women, LGBT people and racial minorities, Gorsuch replied, “A good judge applies the law without respect to persons. That’s part of my judicial oath.”

Seemingly unsatisfied with the response, Klobuchar pressed Gorsuch further, prompting him to reply, “I don’t take account of the person before me. Everyone is equal under the eyes of the law.”

The reluctance of Gorsuch to offer his views during the confirmation process is typical of nominees seeking confirmation to the Supreme Court. As other nominees have done in the past, Gorsuch said disclosure of personal views or the appropriateness of a particular decision would suggest a bias on those issues if they came to him after winning confirmation.

Other decisions on which Gorsuch had no comment included the Roe v. Wade decision, the Heller decision affirming the Second Amendment right to own a firearm in D.C. and the Citizens United case allowing unlimited contributions from corporations and unions to political campaigns.

On rare occasions during the hearing, Gorsuch was more direct. Referencing Trump’s pledge to appoint only justices who’d overturn a woman’s right to have an abortion, Sen. Lindsay Graham (R-S.C.) asked Gorsuch if he made any private commitments to Trump to overturn Roe v. Wade, but the nominee replied he didn’t and was not asked to do so.

“I would have walked out the door,” Gorsuch said. “That’s not what judges do.”

A group of 21 LGBT organizations led by Lamdba Legal signed a joint letter to the Senate Judiciary Committee last week declaring their opposition to the nominee and urging rigorous questioning during the confirmation process.

Although Gorsuch has never ruled on the issue of same-sex marriage, the nominee wrote a scathing piece in 2005 for the National Review titled “Liberals & Lawsuits” excoriating the progressive movement for seeking advancements in the courts. Two years after the Massachusetts Supreme Court ruled in favor of same-sex marriage, the article identifies marriage equality as an issue that should be settled outside the judicial system.

When asked by Sen. Orrin Hatch (R-Utah) to respond to criticism over the op-ed, the nominee said he believes the courts, in fact, are a “very important place for the vindication of civil rights,” but in many cases they aren’t appropriate for change.

“I can report to you, having lived longer, as I did report to you in 2005 that the problem lies on both sides of the aisle, that I see lots of people who resort to the court more quickly than perhaps they should,” Gorsuch said.

Much of the discontent over Gorsuch is also related to his 11th Circuit decision in the Hobby Lobby case, when he ruled the Religious Freedom Restoration Act affords “religious freedom” protections to not just people, but corporations, and the business chain could refuse health insurance to female employees that covered contraception. Gorsuch joined a similar decision against the Obamacare contraception mandate in the Little Sisters of the Poor case.

At a time when many businesses and individuals are asserting civil rights laws prohibiting anti-LGBT discrimination unfairly penalize their religious beliefs, some LGBT rights supporters fear Gorsuch could apply that “religious freedom” reasoning in those cases to institute carve-outs for anti-LGBT discrimination.

Under questioning from Durbin, Gorsuch walked through his reasoning in the Hobby Lobby case, maintaining his ruling is based on the belief the U.S. government could make other accommodations for employees seeking contraception other than employer-based health coverage.

“Does the government have a compelling interest in the ACA in providing contraceptive care? The Supreme Court of the United States said, ‘We assume yes. We take that as given,” Gorsuch said. “The question becomes is it narrow tailored to require the Green family to provide it. The answer there the Supreme Court reached in precedent binding on us now, and we reached in anticipation, is no, that wasn’t as strictly tailored as it could be because the government had provided different accommodations to churches and to other religious entities.”

Other LGBT criticism over Gorsuch relates to his decisions on transgender rights. In 2015, Gorsuch joined an 11th Circuit decision against a transgender inmate who alleged she was denied transition-related hormone therapy and unfairly housed in an all-male facility. In 2009, Gorsuch also joined an unpublished opinion finding the provision against sex discrimination under Title VII of the Civil Rights Act of 1964 doesn’t apply to transgender people.

Jim Obergefell, the lead plaintiff in the case that brought same-sex marriage nationwide, wrote in an op-ed for Time magazine on the second day of the Gorsuch hearings he opposes the nominee on the basis that he could undermine LGBT rights, including same-sex marriage, at the Supreme Court.

Noting the narrow 5-4 marriage decision was written by U.S. Associate Justice Anthony Kennedy, who was only confirmed to the Supreme Court after the Senate rejected President Reagan’s nomination of anti-LGBT judge Robert Bork, Obergefell wrote, “we must be as cautious as we were in 1987.”

“As during the Bork hearings, we must again demand that the next justice appointed to the Supreme Court of the United States continue to uphold our Constitution — including equal protections for LGBTQ people under the law,” Obergell wrote. “Donald Trump, in nominating Neil Gorsuch, noted his desire to pick a justice in the mold of Antonin Scalia. That should send chills down the spine of everyone who cares about equality and civil rights.”

Eric Lesh, fair courts director for Lambda Legal, said Gorsuch’s hearing did nothing to allay concerns about the his potential confirmation to the Supreme Court because he “refused to answer very fundamental questions.”

“He kept dodging and weaving and running away from his record, which is clearly hostile to the rights of LGBT people and people living with HIV,” Lesh said. “So, we need answers, and that doesn’t change Lambda Legal’s conclusion that based on a comprehensive review of his record, his views on civil rights issues, on LGBT equality are fundamentally at odds with the notion that our community is entitled to equal dignity, justice, liberty under the law.”

Religious Extremism/Anti-LGBTQ+ Activism

Transphobic Fox host: Trans people are “Deeply Anti-Human”

Fox news host Laura Ingraham launched into a transphobic rant claiming the political left are cheering on what she termed anti-humanism

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Screenshot/YouTube Fox News

By Media Matters Staff | NEW YORK – On her show last night, Fox news host Laura Ingraham launched into a transphobic rant claiming among other things that those on the political left are cheering on what she termed anti-humanism.

Then she pivoted to the transgender community:

“Crusaders for climate change, abortion, euthanasia, gender fluidity, they all lead — eventually, their thinking — to the devaluing of human life.

“At its core, being anti-human means being anti- truth because it involves the questioning or denying of objective facts, including those at the very heart of our existence. 

“The cult of gender deviancy collapses into meaningless slogans and blather. None of it makes any sense, but it’s deeply anti-human.” 

Watch the Media Matters for America video clip:

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Obama rallies for Warnock as Walker goes transphobic in latest ad

“Tomorrow is the last day for early voting and then we need to get people out to the polls on Tuesday, which means we still got work to do”

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Former President Barack Obama with Sen. Raphael Warnock (Pool photo via CNN)

ATLANTA – Former President Barack Obama held a rally with Sen. Raphael Warnock (D-GA) tonight in Atlanta as the Georgia election runoff for the U.S. Senate seat currently held by Warnock enters its final week.

Speaking to the enthusiastic crowd in the historic Pullman Yard, Obama urged supporters to continue pressing to secure Warnock’s chances as early voting ends Friday ahead of next Tuesday’s election.

“Now I know a lot of folks have been voting early over the last few days, that is a good thing. That is an encouraging thing. But — you knew there was a but —plenty of folks haven’t voted yet. Tomorrow is the last day for early voting and then we need to get people out to the polls on Tuesday, which means we still got work to do,” Obama said.

A spokesperson for the the Georgia secretary of state’s office told the Blade that more than 1.1 million votes have been cast so far.

Warnock’s Republican challenger meanwhile focused on his opposition to transgender rights. In a recent campaign ad, Herschel Walker is featured alongside cisgender former University of Kentucky swimmer Riley Gaines, who tied with University of Pennsylvania trans female swimmer Lia Thomas.

In the ad Gaines says she “worked so hard” at competitive swimming but she was “forced to compete against a biological male.”  The ad also goes on to attack Warnock in the Chyron onscreen stating: “Raphael Warnock voted to allow biological men to compete in women’s sports.” That particular charge by Walker’s campaign is factually incorrect as the U.S. Senate has not held any votes on the subject of transgender women in sports.

Politico’s National political reporter Natalie Allison tweeted:

During the rally in Atlanta this evening Politico reported Warnock received roaring applause when he poked fun at Walker, something Obama also did, referencing a series of outlandish comments the retired football star has made over the course of his candidacy.

“We all know some folks in our lives who, we don’t wish them ill will, they say crazy stuff … but you don’t give them serious responsibility,” Obama said.

“He was an amazing running back,” Warnock said of Walker. “And come next Tuesday, we’re going to send him running back to Texas.”

Walker, who was raised in the Peach State and was a star player at the University of Georgia, lived the majority of his adult life in Texas before returning to run for Senate in 2021.

Politico also noted that Warnock, the pastor of the Atlanta church that Martin Luther King Jr. attended, tied the election to the long struggle of African Americans for equal rights, noting the crowd had gathered on the 67th anniversary of Rosa Parks refusing to get up from a bus seat in Montgomery, Alabama. Walker is also African American.

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Charlie Kirk smears Out Calif. State Sen. Scott Wiener on Twitter

“Kirk is leading the movement to slander gay men and trans people as ‘pedophiles’ and ‘groomers,’ & these heinous words have consequences”

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Charlie Kirk speaking on the 2021 Turning Point USA college tour (Photo by Gage Skidmore)

SAN FRANCISCO – In a lengthy tirade on Twitter Tuesday, far-right extremist radio chat show host Charles J. Kirk, while loosely channeling an InfoWars host Alex Jones style-attack, went after California State Senator Scott Wiener, (D-SF District 11) implying that the veteran lawmaker endorses and supports child molestation.

Kirk, 29, is a co-founder of Turning Point USA, a conservative right-wing political group aimed at influencing college and university students and young people. Ironically, Kirk himself dropped out of Harper College, a junior community college near Chicago, without having completed any degree or certificate.

Kirk hosts a daily three-hour radio talk show, called The Charlie Kirk Show, on Salem Media which is known for owning conservative websites Townhall.com, RedState, Hot Air, and PJ Media, as well as Twitter aggregator Twitchy, calling itself a ” for-profit Christian broadcast corporation.”

He is also an avid supporter of impeached former president Donald Trump, consistently refers to himself as a MAGA Republican and has asserted that the concept of white privilege is a myth and a “racist lie.” He also has spread false information and conspiracy theories about COVID-19 on social media platforms, such as Twitter, in 2020.

Recently Kirk has been attacking the LGBTQ+ community on the subjects of trans youth and also following the lead of far-right Republican U.S. Rep. Marjorie Taylor Greene, (R-GA) in attacking Senator Wiener:

Kirk’s attack on the senator commenced with: “Thousands of pedophiles in California are going free after just a few months in jail, thanks to the state’s radically reduced penalties for child molestation. One reason so many of these predators are going free so early is California lawmaker Scott Wiener.”

Then he went on to state in the thread: “That name and photo might ring a bell. Wiener is one of the most effective lawmakers in the entire country. He’s behind California’s new law that will protect parents who kidnap their children and take them to California to receive mutilating surgeries.

Wiener was also behind California’s law lowering penalties for intentionally spreading HIV to other people, and their law creating a third “nonbinary” gender for government documents.

If there’s some horrifying idea related to modern gender and sex ideology, Wiener has probably written and passed a bill about it in California.

If elected Republicans cared as much about their voters’ concerns as Scott Wiener cares about freeing pedophiles and mutilating children, they’d have won total victory long ago.”

Editor’s Note: It needs to be made clear, California has NOT reduced penalties for child molestation.

(REUTERS) Posts on Facebook claim that SB-145, a bill passed by the California State Senate on August 31, 2020 seeks to “legalize pedophilia.” This claim is false, as the bill is intended to reform the state’s sex offender registry to be fairer to young LGBT adults who may be in technical violation of statutory rape laws. The bill seeks to treat all statutory rape cases—regardless of what kind of sex they involve—equally.

Senator Wiener responded to Kirk’s attacks saying on Twitter:

Charlie Kirk — one of the biggest attention-seeking liars around — is spreading bald-faced lies about me. These statements are absolutely false & defamatory. These are the lies bigots have always spread about LGBTQ people — lies that lead to violence against our community.

In an emailed statement to the Blade Wiener said:

“LGBTQ leaders around the country are under attack by toxic, far-right ideologues and elected officials. These MAGA talking heads – whose party performed far worse than expected in the midterm elections – have no meaningful policy solutions for the issues facing our country. Instead, they are focused on slandering and demonizing gay and trans people, and using us as scapegoats. Specifically, they’re employing the age-old slander that LGBTQ people are threats to children, and that is what Greene and Kirk tweeted about me.

“Charlie Kirk is a prime example of this type of extremist right-wing grifter, and he joined Congresswoman Marjorie Taylor Greene in tweeting about me repackaged versions of centuries-old homophobic lies. Kirk and Greene are leading the movement to slander gay men and trans people as ‘pedophiles’ and ‘groomers,’ and these heinous words have consequences. Be it the massacre at Club Q or the death threat I just received this morning referencing Kirk’s tweet, LGBTQ people everywhere are experiencing an onslaught of violence and threats.

“People like Kirk and Greene are a stain on our country, and they should be held accountable for spreading vile, homophobic misinformation.”

In his statement Wiener was referencing last week’s attack by Far-right Republican U.S. Rep. Marjorie Taylor Greene, (R-GA) who called the Senator a “communist” questioning Wiener’s loyalty and service to both the State of California and the U.S. she then went on to accuse Wiener of being a “groomer” implying that the Senator was a predator of minors for sexual purposes:

Pass my Protect Children’s Innocence Act to stop communist groomers like this from using state government power to take children away from their parents to allow a for-profit medical industry to chop off these confused children’s genitals before they are even old enough to vote.”

Wiener made a point of calling out use of the word “groomer,” as the abusive reaction and fallout from right-wing sources regarding the mass-shooting at Club Q in Colorado Springs, continues to ratchet up against the LGBTQ+ community.

The word “groomer” is categorically an anti-LGBTQ hate word. It’s super homophobic/transphobic. It plays into the slander that LGBTQ people are pedophiles. It’s no different than calling someone a fagg*t. If you call someone groomer, you’re inciting violence against LGBTQ people,” Wiener stated in a tweet.

Equality California, the largest statewide LGBTQ equal rights advocacy group reacted to Kirk’s smears Wednesday afternoon. In an text message to the Blade, Equality California spokesperson Jorge Reyes Salinas said:

“It is disgusting but not surprising that days after a mass shooting fueled by dangerous rhetoric from extremists like Marjorie Taylor Greene, Charlie Kirk posts lies to spread anti-LGBTQ+ hate. The statements made are false, defamatory and lead to violence  against our LGBTQ+ community. This is another performance to build up hatred.”

The organization had previously tweeted at Kirk defending the senator:

“This is a lie. It’s false, offensive and dangerous — the exact type of disinformation that has fueled violent attacks like the Club Q shooting in #ColoradoSprings. Shame on you, and shame on @elonmusk [Twitter owner and CEO] for allowing these dangerous lies to proliferate.”

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Marjorie Taylor Greene tweets homophobic attack on Sen. Wiener

“Greene is a toxic person & embodies why the MAGA movement is dangerous, a threat to our democracy & to the personal safety of LGBTQ people”

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Calif state Sen. Scott Wiener, (D-San Francisco) (Photo credit: California LGBTQ Legislative Caucus)

LOS ANGELES – Far-right Republican U.S. Rep. Marjorie Taylor Greene attacked Calif. State Sen. Scott Wiener, (D-San Francisco) on Tuesday after Wiener made a point of calling out use of the word “groomer,” as the abusive reaction and fallout from right-wing sources regarding the mass-shooting at Club Q in Colorado Springs, continues to ratchet up against the LGBTQ+ community.

The word “groomer” is categorically an anti-LGBTQ hate word. It’s super homophobic/transphobic. It plays into the slander that LGBTQ people are pedophiles. It’s no different than calling someone a fagg*t. If you call someone groomer, you’re inciting violence against LGBTQ people,” Wiener stated in his tweet.

Quoting Wiener’s tweet the far-right MAGA Georgia congresswoman called the Senator a “communist” questioning Wiener’s loyalty and service to both the State of California and the U.S. she then went on to accuse Wiener of being a “groomer” implying that the Senator was a predator of minors for sexual purposes:

Pass my Protect Children’s Innocence Act to stop communist groomers like this from using state government power to take children away from their parents to allow a for-profit medical industry to chop off these confused children’s genitals before they are even old enough to vote.”

In an emailed statement, Senator Wiener responded to the homophobic attack by the Georgia Republican:

“The same day Elon Musk reinstated QAnon extremist Marjorie Taylor Greene, she launched a vile homophobic attack on me because of my vocal advocacy in response to the Club Q slaughter. When Greene has attacked me in the past, threats against me have typically increased. She is a toxic person and embodies why the MAGA movement is so dangerous. Green is a threat to our democracy and to the personal safety of LGBTQ people.”

The term ‘groomer’ is considered highly offensive as it broadly brushstroke paints LGBTQ+ people as child molesters.

The definition according to the Urban online dictionary:

groomer

1 (the crime definition): An adult that builds a sense of trust with a minor to exploit and/or abuse them, typically (but not always) in a sexual manner. This is a crime, and it also causes harm to the minor.

2 (in US politics): What republican politicians and supporters refer to LGBTQIA+ people and their allies as, to manipulate their audience to pass anti-LGBTQIA+ legislation. This is targeting and harming LGBTQIA+ people and the people using the word in this manner typically are (or have connections with those who are) actual groomers.

National Public Radio, (NPR) reported this past May the Movement Advancement Project’s executive director, Ineke Mushovic, pointed out:

“What the far right often does is they engage people’s reptilian brains, the fight-or-flight instinct,” says Mushovic. “And so it behooves far-right conservatives to put people in a state of fear, because then they’re reactive. They don’t support change.”

The “grooming” narrative, Mushovic added, “taps into this primal sense of fear and this kind of parental protective instinct. But we know it’s a completely false narrative.”

The “grooming” narrative has been actively promoted by conservative activist Christopher Rufo, and Daily Wire pundit and transphobe Matt Walsh who have both attacked gender affirming care in their assaults on the LGBTQ+ community.

Green’s H.R.8731 – Protect Children’s Innocence Act, was introduced this past August 19 and has forty-nine Republican members listed as co-sponsors. The language as introduced stated targets primarily Trans youth healthcare and targets colleges and universities from “offering instruction in gender affirming care:”

This bill places restrictions on the provision of gender affirming care. Gender affirming care includes performing surgery, administering medication, or performing other procedures for the purpose of changing the body of an individual to correspond to a sex that differs from the individual’s biological sex.

Specifically, the bill makes it a felony to perform any gender affirming care on a minor and it permits a minor on whom such care is performed to bring a civil action against each individual who provided the care.

Additionally, the bill prohibits the use of federal funds for gender affirming care or for health insurance that covers such care. Such care may not be provided in a federal health care facility or by a federal employee. The bill also prohibits qualified health plans from including coverage for gender affirming care. Further, plans that include coverage for such care are not eligible for federal subsidies. […]

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Out AG candidate wins, Rollins concedes congressional race

‘Fixing our system of disagreement matters. Integrity matters. Truth matters. Democracy matters, elections matter’

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Kris Mayes & Will Rollins (Photo Credit: LGBTQ Victory Fund/Rollins Campaign)

PHOENIX – The closest statewide competition in the Grand Canyon State was the race for Arizona attorney general. On Monday Maricopa County released its final election results that had openly Out candidate Kris Mayes beating her Republican opponent Abe Hamadeh by only 510 votes.

“Kris’ victory is a win for all Arizonans. Voters chose a champion of equality who believes in democracy over a cynic who spread election disinformation for his own perceived political gain. In a state with bans on abortion and same-sex marriage still on the books, the symbolism of voters choosing an out LGBTQ Attorney General cannot be overstated,” Mayor Annise Parker, President & CEO of LGBTQ Victory Fund, said in a statement. “Kris has a long track record of taking on big fights and winning on behalf of her community and will be a powerful pro-equality, pro-choice force in Arizona. Today’s results are a resounding rebuke to the hate and intolerance sweeping our country. Voters made their voices heard loud and clear: enough is enough. It’s time for change, it’s time for courage.”

There are currently just two out LGBTQ state Attorneys General in the United States, according to LGBTQ Victory Institute: Dana Nessel in Michigan and Maura Healey in Massachusetts. In case of Massachusetts, Healy is now the governor-elect of Massachusetts, having won the 2022 election.

According to Phoenix NBC News affiliate KPNX 12, the state’s unofficial final results have placed Mayes only 510 votes ahead of Hamadeh to become the state’s next attorney general. The results will likely spur an automatic recount after state election numbers are certified on Dec. 5. 

********************************

RIVERSIDE, Calif. – In the race to represent California’s 41st Congressional District in the House of Representatives, openly gay Democratic candidate and former federal prosecutor Will Rollins congratulated his GOP opponent Ken Calvert and conceded the race.

In a statement released Monday afternoon, Rollins said: “I have called Representative Calvert to offer my congratulations. I had hoped for a different result, but I respect our democratic system and am sure that our fine election workers did their jobs honestly and responsibly, and I accept the count. Thank you to the hundreds of thousands of you who voted.” 

He added:

“So, what’s next? What’s next for our communities, and what’s next for our country? The truth is that we are in a moment of uncertainty, because America is divided. And there are a lot of people out there who benefit – financially, militarily, politically – when Americans turn against one another.

“But this campaign proves that ordinary Americans have the power to reject those who try to divide us. That is how we built this country, and that is how we built this campaign. We are a community of Democrats, Republicans, and independents who came together to restore compromise, civility, and progress in the United States.”

Rollins also noted:

“This community is growing. Ordinary Americans of good faith uniting to elect leaders who know that this country is about more than one person, more than one president, more than one party, and more than one congressman. We may not always agree on how to solve the country’s problems, but the point of this campaign has always been that the way we disagree matters. Fixing our system of disagreement matters. Integrity matters. Truth matters. Democracy matters.”

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Kelly cites white supremacy after losing House race in Tennessee

A 2022 report by The Sentencing Project shows that 21% of Black voters in Tennessee are permanently barred from voting

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Odessa Kelly lost her House race in a gerrymandered district. (Photo by Shance Ware)

NASHVILLE – Odessa Kelly was on track to become the first openly gay Black woman elected to represent Tennessee in the U.S. House. On election night, as votes were counted, Kelly watched that dream slip out of reach. 

“The loss didn’t come because I’m an openly gay Black woman in the South, the loss came because of racism,” Kelly said in an interview with the Blade.

Kelly, who ran to represent Tennessee’s 7th Congressional District against incumbent Mark Green (R), lost the election by more than 20 points. Kelly blames white supremacy, gerrymandering, and voter suppression for her loss.

“I just lost a congressional race due to White Supremacy, Gerrymandering, Racist (GOP), Undercover Racist BlueDog Dems, and Voter Suppression,” Kelly tweeted post-election.

Republican-led gerrymandering parceled predominantly Democratic Davidson County, which includes Nashville, into three separate congressional districts. This gerrymandering obliterated representation for Nashville residents at the state and federal level. 

“We have zero representation in the largest, most populated city in Tennessee,” Kelly said. 

Gerrymandering often intentionally marginalizes minority communities’ voices and votes by relocating them to conservative districts. East Nashville, the minority ruled and politically Democratic district where Kelly grew up, was moved to the conservative and predominantly white district of Cookeville. But Nashville residents aren’t the only Tennesseans affected by gerrymandering in the state. 

Statewide, Tennessean voters of color were disproportionately split up and relocated to districts where they are outnumbered and their voices are drowned out. This leaves communities of color at the mercy of Jim Crow and racist political tactics that suppress their voices and their votes because they no longer hold a majority vote in any of these new districts. 

“White supremacy showed up in our state legislature and in me losing this race,” Kelly said. 

The systemic disenfranchisement of Black voters in Tennessee also played a major role in Kelly’s loss. A 2022 report by The Sentencing Project shows that 21% of Black voters in Tennessee are permanently barred from voting, while only 8% of adult voters are barred statewide. 

And a Tennessee Advisory Committee Report shows that Tennessee is one of 11 states that permanently disenfranchises voters. With some of the toughest laws and requirements for voting, the state makes it hard for Tennesseans to earn the right to vote again. 

“I assume that the majority of those individuals who can’t vote would probably vote for me because they’re looking for relief and pathways out of poverty,” Kelly said. “And those are the things that I’m fighting for.” 

As for what’s next, Kelly says she is determined to keep fighting for a country and political system where those forgotten by the status quo are represented. .

“I will not stop. I will not give up. I will keep fighting because the issues don’t change.” 

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California Politics

Lindsey Horvath elected to LA County Board of Supervisors

Horvath extended her appreciation to outcoming Supervisor Sheila Kuehl, who had endorsed and backed her in the campaign to succeed her

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Lindsey Horvath (Screenshot/YouTube CBS Los Angeles)

LOS ANGELES – West Hollywood City Councilmember Lindsey Horvath won slightly more than a plurality of the vote gaining a seat on the Los Angeles County Board of Supervisors representing District Three after State Senator Bob Hertzberg conceded Thursday afternoon.

In a statement released Hertzberg wrote; “I want to offer my sincere congratulations to Sup-Elect Horvath. The challenges LA faces are extraordinary and it’ll take someone with her work ethic to be successful. Thank you to everyone who has supported me- my family, friends, elected leaders, & residents across SD3.”

 

“I am humbled and honored that the voters have chosen me to serve as their next Supervisor. Their confidence and support fueled our people-powered campaign across the finish line, and I could not be more grateful for the opportunity to represent the people of District 3,” Horvath told supporters and county residents in a statement Thursday evening.

“I want to thank Senator Bob Hertzberg for his incredibly generous and kind phone call, for his commitment to public service, and for engaging in this hard fought campaign to make Los Angeles a better place. I welcome his supporters into the work we will all need to do together. Regardless of who you voted for, I will always work my heart out to represent you and the best interests of our communities,” she said.

She also extended her appreciation to outcoming Supervisor Sheila Kuehl, who had endorsed and backed her in the campaign to succeed her in the seat.

SUPERVISOR 3RD DISTRICT

Candidate(s)VotesPercent
LINDSEY HORVATH (N)227,56152.24%
BOB HERTZBERG (N)208,01947.76%
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Politics

Cicilline joins clergy rallying support of Respect for Marriage Act

The legislation presents a rare area on which the deeply divided Congress has struck an agreement to pass a significant bipartisan bill

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U.S. Rep. David Cicilline (D-R.I.) speaks during a rally in the Lower Senate Park on Nov. 16, 2022. (Washington Blade photo by Christopher Kane)

WASHINGTON – Rhode Island Congressman David Cicilline, chair of the Congressional LGBTQ+ Equality Caucus and member of the House Judiciary and Foreign Affairs Committees, joined multi-faith clergy for a rally on Thursday at the Lower Senate Park in support of the Respect for Marriage Act.

Cicilline, a Rhode Island Democrat who co-sponsored the U.S. House of Representative’s version of the legislation, which the lower chamber passed this summer, celebrated the U.S. Senate’s expected vote today to send the bill to President Joe Biden’s desk.

The congressman said that while faith has sometimes been misused as a cudgel to argue against same-sex marriage, “many people support marriage equality not despite their religious beliefs but rather because of them.”

“As a proud Jew, it’s part of my religious community and tradition,” Cicilline said. “We’re taught to heal the world and repair the broken world. I’m proud as a member of Congress and chair of the LGBTQ+ Equality Caucus to follow our Biblical command to pursue justice.”

Cicilline’s message about the personal significance of the protections offered by the Respect for Marriage Act was echoed by, among other speakers, Revs. Nicole Garcia, faith work director of the National LGBTQ Task Force, and Paul Raushenbush, president of the Interfaith Alliance.

Yesterday, a dozen Senate Republicans joined their 50 Democratic colleagues to support a procedural cloture vote, which advanced the Respect for Marriage Act to a floor vote by the full chamber.

Biden and a chorus of LGBTQ, civil rights, and legal advocacy organizations celebrated the GOP members’ support of the bill, which leadership in the House and Senate have made a major priority for Congress’s lame duck session.

The Respect for Marriage Act presents a rare area on which the deeply divided legislature has struck an agreement to pass a significant bipartisan bill.

The impetus behind the legislation was the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which saw a concurring opinion from Justice Clarence Thomas in which he pledged to revisit the high court’s precedent-making rulings on other matters, including same-sex marriage.

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Politics

Pelosi announces end of her tenure as House Speaker

Majority Leader Steny Hoyer (D-Md.) also announced he will step down from leadership to pave the way for “a new generation of leaders”

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Nancy Pelosi addresses the House from the chamber floor Thursday, Nov. 17, 2022 announcing she is stepping down from leadership (Screenshot/YouTube Washington Post)

WASHINGTON – On Thursday afternoon, House Speaker Nancy Pelosi (D-Ca.) announced her decision to pass the leadership torch to the younger generation of Democratic members in the lower chamber, stepping down after decades of service in that role.

“I will continue to speak from the people of San Francisco as a member of the House,” she said, but “I will not seek reelection to democratic leadership in the next caucus.”

Republicans secured a narrower-than-expected seven-seat majority in the 2022 midterm elections, with Minority Leader Rep. Kevin McCarthy (R-Ca.) poised to become the next House Speaker when the new Congress is seated in January.

Pelosi, whose decision to step down comes weeks after her husband was brutally attacked in the couple’s San Francisco home, reached an agreement with fellow Democratic members in 2018 that she would resign from her position in leadership by the end of this year.

While she did not address the question of who might succeed her as Democratic leader of the House, the website Puck reported on Thursday that Pelosi plans to throw her support behind Rep. Hakeem Jeffries (D-Ny.).

“Never did I think I would go from homemaker to House Speaker,” Pelosi said from the floor of the House. Reflecting on her 35 years of service in the chamber, the congresswoman celebrated the work that she and the Democratic caucus have accomplished.

This included passage of transformative legislation under the administrations of three presidents, she said: George W. Bush, Barack Obama, and Joe Biden. Pelosi, who became the first woman Speaker of the House in 2007, also held that role under former President Donald Trump’s tenure.

“When I think of Nancy Pelosi, I think of dignity,” opens a statement from President Joe Biden on the Speaker’s announcement:

“History will note she is the most consequential Speaker of the House of Representatives in our history. There are countless examples of how she embodies the obligation of elected officials to uphold their oath to God and country to ensure our democracy delivers and remains a beacon to the world. In everything she does, she reflects a dignity in her actions and a dignity she sees in the lives of the people of this nation.”

Democratic Senator Alex Padilla of California also released a statement, which read in part: “Speaker Pelosi’s perseverance and commitment to unity has served as a source of strength both at home and abroad in the face of extremist attempts to harm our democracy, our nation’s Capitol, and even her own family.”

California Governor Gavin Newsom issued a statement in which he said, in part: “Her career in Congress, and as Speaker, has been a masterclass in powerful, empathetic leadership, guided by her strong moral compass and unmatched political skill.”

The LGBTQ Victory Institute hailed the Speaker’s record on matters of consequence to the community. Pelosi, the group wrote, “is the most pro-LGBTQ Speaker in American history – constantly championing our rights and causes – and the relief and pride that came with having a fierce defender in that position cannot be understated.”

“From her first floor speech in 1987 to today’s, Speaker Pelosi has been an indefatigable champion for LGBTQ+ civil rights, reproductive freedom and the health and well-being of all Americans,” Equality California Executive Director Tony Hoang said in a statement. “She is, without question, the most effective Speaker in history, and we are eternally grateful for her service.”

Also on Thursday, House Majority Leader Steny Hoyer (D-Md.) announced in a letter to his Democratic colleagues that he would not seek another term in leadership.

Having served in leadership positions for 36 of his 42 years in the House, Hoyer wrote, “I have been honored to serve alongside Nancy Pelosi, whose tenure as Speaker was both historic and extraordinarily productive.”

Hoyer announced his endorsement of Jeffries to replace him as the House’s Democratic Leader.

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Politics

GOP wins narrow control of the U.S. House

“With a small Republican majority, we think there’s a greater chance of blocking anti-gay and anti-trans bills”

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House results From The Associated Press · 428 of 435 seats up for election called as of November 16

WASHINGTON – Certainty over Republicans’ control of the U.S. House of Representatives crystalized on Tuesday, while Senate Minority Leader Mitch McConnell (R-Ky.) fended off a bid for his position by fellow GOP Sen. Rick Scott (Fla.).

As the final votes from last week’s midterm elections continue to trickle in, by Wednesday evening it became clear that when the 118th Congress is seated in January, the legislature will be divided between the House and the U.S. Senate, where Democrats will either retain their 50-vote majority or win an extra seat, pending the results of Georgia’s runoff election in December.

It is the House, too, that will be divided, as the majority’s shift from blue to red was narrowly won, with only seven races whose results have not yet been tallied. Republicans’ control of the chamber comes with 218 seats, a feat they accomplished today. By 4:40 p.m. PT, Democrats had won 210 seats.

Leadership in both chambers has also been decided. House Minority Leader Kevin McCarthy (R-Calif.) is poised to take over as House Speaker in January when the new Congress meets. McConnell, meanwhile, prevailed over a challenge for his Senate leadership by Scott, his Republican colleague.

“With a small Republican majority, we think there’s a greater chance of blocking anti-gay and anti-trans bills, which may now not even be brought up for a vote,” Geoff Wetrosky, campaign director for the Human Rights Campaign, told the Washington Blade by phone on Tuesday.

“Not only because of the composition of Congress, but also because last week’s election made clear that voters do not support this kind of extremism,” Wetrosky said.

Annise Parker, president of the LGBTQ Victory Fund, told the Blade by phone on Tuesday that “the first six months will be spent in internal warfare, but it’s clear that there won’t be anything positive coming out of the House for our community.”

There “very well may be negative bills,” Parker added, noting that with a slim majority in the lower chamber, there is unlikely to be much legislation, period.

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