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HRC says call Congress to protect Mueller investigation

Contingency protests planned if constitutional crisis erupts

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Robert Mueller. (Photo via Flikr)

Monday got off to a heart-stopping start. Despite making his fame for saying “You’re fired!” on the Reality TV show “The Apprentice,” Donald Trump apparently does not like firing people. So after Trump flew to New York to attend the UN General Assembly and Deputy Atty. Gen. Rod Rosenstein was summoned to the White House, many expected Rosenstein to be fired, triggering a constitutional crisis.

Some news organizations say Rosenstein offered to resign after a New York Times article suggested he had conferred with top White House officials and considered wearing a wire to catch Trump acting erratically, thus providing evidence that could warrant his removal through the 25th Amendment to the Constitution. Rosenstein said those comments were made sarcastically during a heated argument with another Justice Department official. It is unclear if Trump or Chief of Staff John Kelly believe that, but NBC’s out Justice Department correspondent Pete Williams said Rosenstein attended meetings at the White House as deputy attorney general.

Nonetheless, Trump is reportedly furious and many think the article could provide him with an excuse to fire Rosenstein, who, is the senior Justice Department official supervising Special Counsel Bob Mueller’s investigation into Russian interference in the 2016 election and into Trump, his family and his campaign’s ties to that effort to elect him. The White House now says Trump will meet with Rosenstein on Thursday, the same day Trump’s nominee to the Supreme Court is supposed to testify before the Senate Judiciary Committee, along with a California professor who has accused him of sexual assault.

Since Atty. Gen. Jeff Sessions, a frequent target of Trump’s ire, has recused himself from the Russian probe, there is rampant speculation about who would replace Rosenstein if he was fired or resigns. Predictions abound that whoever is selected would be a Trump loyalist intent on shutting down the Muller investigation, just as Mueller has secured cooperation from Trump’s former personal attorney Michael Cohen and his former campaign chair Paul Manafort to disclose what they know.

The Human Rights Campaign was first on Twitter to call for Congress to protect the Mueller investigation. Call the US Capitol switchboard: 202-224-3121.

Meanwhile, HRC has also joined with NARAL and scores of other groups calling for a Nationwide Walkout Monday in solidarity with Dr. Christine Blasey Ford, who has accused Kavanaugh of sexual assault when she was 15 years old and he was in high school. HRC requests LGBTs and allies to wear black and post photos under #BelieveSurvivors. Dr. Ford is expected to testify before the Senate Judiciary Committee on Thursday, though many question whether the hearing will be fair without a prior FBI investigation to determine the facts behind the accusation. Meanwhile, Ronan Farrow reports another Kavanaugh accuser has come forward.

MoveOn.org has developed national contingency plans for protests should Rosenstein be fired. This is from MoveOn.org:

— “NOBODY IS ABOVE THE LAW—MUELLER FIRING RAPID RESPONSE

Donald Trump could be preparing to put himself above the law. We won’t allow it.

Trump will create a constitutional crisis if he fires special counsel Robert Mueller or Deputy Attorney General Rod Rosenstein, who oversees Mueller, or attempts to compromise the investigation by other means. (See The Plan for details.)

Our response in the hours following a potential power grab will dictate what happens next—whether Congress will stand up to Trump or allow him to move our democracy toward authoritarianism.

That’s why we’re preparing to hold emergency “Nobody Is Above the Law” rallies around the country, in the event they are needed—900+ of them and counting, in every state, with 400,000 RSVPs to date!….

WHERE AND WHEN
Here’s the plan for when we would call for protests:
Rallies will begin just hours after national events are triggered:
o If actions are triggered BEFORE 2 p.m. local time —> events will begin @ 5 p.m. local time.

If actions are triggered AFTER 2 p.m. local time —> events will begin @ noon local time the following day.

· This is the general plan—please confirm details on your event page, as individual hosts may tailor their events to their local plan.*
·
THEN WHAT?
Good question!

These events are only the first step. Our goal with these actions is to create an opportunity for anyone outraged by Trump’s abuse of power to engage immediately in voicing their concern. Together, we will communicate unmistakably that this is not okay and that this act to undermine democracy is not going to be allowed to become a new normal.

But that’s only the first step, and it’s far from the last one.

Congress is the only body with the constitutional power and responsibility to hold a president politically accountable for major violations of the public trust like this. And “we, the people” are their backstop and source of legitimate power.

And what people do next to force Congress to act is up to them!

Certainly, everyone at an event should also call their member of Congress to demand action. And everyone is encouraged to communicate that demand directly at congressional offices.

Beyond that, it’s up to you! It’s a good idea to discuss possible scenarios in advance with the hosts of your event or with your friends to develop other nonviolent ways you would like to compel actions from Congress.

Here’s what groups will be asking Congress to do:

CONGRESSIONAL ASKS

1. Demand members of Congress protect the special counsel’s office, including preserving its files and staff and ensuring it receives the full cooperation of all federal government law enforcement assets.

2. Demand the creation of a modern-day version of the Senate Select Watergate Committee to investigate all matters involved in the Russia scandals and Trump’s abuse of power and obstruction of justice.

3. Demand bipartisan hearings in the House Judiciary Committee on obstruction of justice and abuse of power. Some groups will call these the first steps to impeachment hearings; others will not. Impeaching Donald Trump is not a demand shared by all partner organizations. Nor is supporting impeachment a prerequisite to attend these events. But it is a view welcome at events, and you can definitely bring a poster calling for it if that’s your view. We can all be for the three things above if some of us are also for additional things, such as impeachment.”….

If you choose to attend an event, you agree to engage in nonviolent, peaceful action, to act lawfully, and to strive to de-escalate any potential confrontations with those who may disagree with our values.” —-

The map at MoveOn.org’s website is interactive. But please be advised that protests may be spontaneously created without alerting the national organization. For instance, West Hollywood is often a site of protests and while Mayor John Duran tells the Los Angeles Blade he will not organize a protest himself, he is prepared to help by clearing the streets.

Here are possible protest sites in California:

AlamedaArcataAuburnBakersfieldBeaumontBerkeleyBishopBurbankCalistogaCambriaCarlsbadCastro ValleyChicoClaremontColusaComptonEl CerritoEscondidoFairfield, Fort BraggFresnoGrass ValleyHanfordHealdsburgHesperiaHollisterIdyllwild, IrvineLa QuintaLafayetteLaguna BeachLakeportLancasterLivermoreLong BeachLos AltosLos AngelesMercedMontereyNapaOakhurstOaklandOjaiPacificaPalm SpringsPalo AltoPalos VerdesPasadenaPaso RoblesPetalumaPittsburgPlacervillePortola ValleyQuincyRamonaRancho CucamongaReddingRedlandsRiponRiversideRosevilleSacramentoSan DiegoSan DimasSan FranciscoSan JoseSan LeandroSan Luis ObispoSan MateoSan RafaelSan RamonSanta AnaSanta BarbaraSanta ClaraSanta ClaritaSanta CruzSanta MonicaSanta RosaSherman OaksSierra MadreSimi ValleySonomaSonoraStocktonTemeculaTorranceTracy, TruckeeUkiahVallejoVeniceVenturaVisaliaWalnut CreekWatsonvilleWest HollywoodWestlake VillageYorba LindaYucca Valley

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The Stonewall Inn bans Anheuser-Busch during NYC Pride weekend

“We urge Anheuser-Busch and other companies doing this to publicly commit to stop donating to anti-LGBTQ politicians”

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NYC Pride 2019 passes in front of the Stonewall Inn (Photo by Andrew Nasonov)

NEW YORK – In response to news that the Anheuser-Busch InBev company had made political contributions to lawmakers behind bills targeting transgender youth, the owners of the Stonewall Inn announced its ban of AB InBev products during New York City’s Pride weekend.

The historic West Village pub, widely regarded as the location of one of the seminal defining events in the history of the LGBTQ rights movement, is sponsoring a public ‘pour-out’ of Bud Light, Michelob ULTRA, and Stella Artois in front of the bar on Wednesday, June 23, to demand that the Leuven, Belgium based AB InBev stop donating to anti-LGBTQ legislators and commit to using its lobbying efforts to advance the Equality Act.

Should the Equality Act be passed, it would afford LGBTQ people with equal nondiscrimination protections under federal law.

“You can’t turn your logo rainbow on social media, call yourself an ally, and then turn around and make donations that fuel hate. There are really no excuses, and companies like Anheuser-Busch need to own up to what they’ve done,” said Stonewall Inn co-owner Stacy Lentz. “As a business owner, it’s never easy to stop selling a product that affects your bottom line — especially during the busiest weekend of the year. But I’m an activist above all else and we at The Stonewall Inn know we bear a unique responsibility to call out hypocrisy when we see it. Anheuser-Busch and other companies must do better.”

According to data from the Keep Your Pride campaign, since 2015, Anheuser-Busch has made 48 donations totaling $35,350 to 29 anti-LGBTQ legislators behind recent bills attacking trans youth. 

Through its nonprofit arm, The Stonewall Inn Gives Back Initiative, Stonewall recently launched the Safe Spaces program, which identifies and certifies entertainment venues, food and beverage locations, stores, businesses, and other public venues as Safe Spaces for LGBTQ people. Under its criteria for certification, businesses that donate to anti-LGBTQ lawmakers would not qualify for designation as a Safe Space.

“As one of our best-selling products, Bud Light has been a longtime staple here at The Stonewall Inn. It’s deeply disappointing to learn that Anheuser-Busch has given money to lawmakers who are attacking trans kids, some of the most vulnerable people in the LGBTQ community,” said Stonewall Inn co-owner Kurt Kelly.

“We’re horrified to see so-called allies supporting lawmakers who would make life harder for anyone in our community. We urge Anheuser-Busch and other companies doing this to publicly commit to stop donating to anti-LGBTQ politicians and use their lobbying power to support the Equality Act,” Kelly added.

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SCOTUS ruling on Philadelphia case, LGBTQ groups view with some relief

Immediate reaction from some LGBTQ groups and individuals was dismay, while others viewed the decision as a relief.

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Graphic: The Los Angeles Blade

LOS ANGELES – The U.S. Supreme Court issued its decision Thursday in a unanimous 9-0 ruling that sided with Catholic Social Services (CSS),  a Catholic social services organization that sued the city of Philadelphia after the city excluded it from a foster-care program due to the organization’s refusal to certify same-sex couples as foster parents.

Immediate reaction from some LGBTQ groups and individuals was dismay, while others viewed the decision as a relief. Shannon Minter, Legal Director for the National Center for Lesbian Rights, told the Blade in a phone call Thursday that ruling was exceedingly narrow, aimed at a section of the contract by the City, and more importantly was not a ruling that would be citable in future litigation in terms of an anti-LGBTQ basis.

Specifically, Minter noted that with this unanimous ruling, the court avoided a situation that would overrule the 1990 SCOTUS ruling in the case of [the] Employment Division, Department of Human Resources of Oregon v. Smith. That ruling, authored by Associate U.S. Supreme Court Justice Antonin Scalia had made it more difficult for religious people and groups to secure exemptions from generally applicable laws governing anti-discrimination

Scalia in the Smith case wrote; [that] “the Court has never held that an individual’s religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that government is free to regulate. Allowing exceptions to every state law or regulation affecting religion would open the prospect of constitutionally required exemptions from civic obligations of almost every conceivable kind.” Justice Scalia goes on to cite examples such as compulsory military service, payment of taxes, vaccination requirements, and child-neglect laws.

Minter opined that while there would be definite support to overturning Smith by three of the court’s conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch, he was doubtful that Chief Justice John Roberts, or the court’s other conservative justices Stephen Breyer, Brett Kavanaugh, and Amy Coney Barrett are that eager, given that there isn’t a legal remedy or replacement for Smith that would not create chaos within the federal judiciary in future challenges.

Properly understood, today’s decision is a significant victory for LGBTQ people, Minter said. The focus is on a contractual clause which is what the court focused in on. Writing in concurrence, Justice Alito noted, albeit it somewhat sarcastically, “This decision might as well be written on the dissolving paper sold in magic shops. The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power. If it does that, then, voilà, today’s decision will vanish — and the parties will be back where they started.”

Minter pointed out that the Court did not change the current constitutional framework, which permits governments to enforce antidiscrimination laws that prohibit discrimination against LGBTQ people even when doing so may have a disparate burden on those who hold certain religious beliefs.

“As a result of today’s decision, those who feared the Court might create a sweeping new religious exemption to such laws can breathe a sigh of relief,” he concluded.

Also weighing in was Leslie Cooper, deputy director of the ACLU’s LGBTQ & HIV Project. “We are relieved that the court did not recognize a license to discriminate based on religious beliefs,” she said.

“Opponents of LGBTQ equality have been seeking to undo hard-won non-discrimination protections by asking the court to establish a constitutional right to opt out of such laws when discrimination is motivated by religious beliefs. This is the second time in four years that the court has declined to do so. This is good news for LGBTQ people and for everyone who depends on the protections of non-discrimination laws,” Cooper added.

Eugene Volokh, the Gary T. Schwartz Professor of Law at the University of California Los Angeles School of Law, writing in his Volokh Conspiracy blog noted;

Justice Barrett, joined by Justice Kavanaugh, concurring: The original meaning of the Free Exercise Clause is unclear on the broader question of religious exemptions from generally applicable laws, but “As a matter of text and structure, it is difficult to see why the Free Exercise Clause—lone among the First Amendment freedoms—offers nothing more than protection from discrimination.” Yet Justices Barrett and Kavanaugh are “skeptical about swapping Smith‘s categorical antidiscrimination approach for an equally categorical strict scrutiny regime, particularly when this Court’s resolution of conflicts between generally applicable laws and other First Amendment rights—like speech and assembly—has been much more nuanced.” In particular,

To name a few: Should entities like Catholic Social Services—which is an arm of the Catholic Church—be treated differently than individuals? Cf. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) [providing broad protection for certain decisions by religious institutions -EV]. Should there be a distinction between indirect and direct burdens on religious exercise? Cf. Braunfeld v. Brown (1961) (plurality opinion). What forms of scrutiny should apply? Compare Sherbert v. Verner (1963) (assessing whether government’s interest is “‘compelling'”), with Gillette v. United States (1971) (assessing whether government’s interest is “substantial”). And if the answer is strict scrutiny, would pre-Smith cases rejecting free exercise challenges to garden-variety laws come out the same way? See Smith.

M. Currey Cook, Counsel and Youth in Out-of-Home Care Project Director at Lambda Legal, issued the following statement. “Today’s ruling by the Supreme Court is troubling but, importantly, it refused to give a free pass to people or agencies that want to discriminate against LGBTQ people for religious reasons and is limited to the specifics of Philadelphia’s foster care system. Instead, the Court validated the City’s ‘weighty’ interest in the equal treatment of LGBTQ prospective foster parents and foster children. The only reason those interests did not carry the day was due to the specifics of the City’s contract. Because the Court decided the case on contract-specific grounds, the City can address the situation by rewriting its contracts.” 

“But make no mistake.  Philadelphia has never refused to work with Catholic Social Services. The agency has continued to receive millions of dollars in foster care contracts from Philadelphia and the contract at issue simply applied a standard, important nondiscrimination principle to its contract agencies. Foster care is a government function, and all governments have a compelling interest in ensuring their contract agencies, including faith-based ones, treat all children and families equally. And today’s ruling does mean, at least for now, that different-sex married couples have access to all city agencies, while same-sex couples do not,” Cook said.

“The court’s ruling today on Fulton is a narrow one, limited in both nature and scope. The most important take-away is that the Supreme Court unanimously refused to allow a religious entity to have a license to discriminate. We stand in solidarity with the community in Philadelphia that is working for the fair and equitable treatment of  those who want to provide safe and loving homes to children and hold in our hearts the many children who will be impacted by this decision,” Kierra Johnson, Executive Director of the National LGBTQ Task Force said.

“The work ahead for our community is clear – we must continue to advocate for local and state non-discrimination laws, apply the ones that exist and most importantly, fight for the Equality Act, which would provide long overdue Federal protections to the LGBTQ community and many others,” she added.

Equality California’s Executive Director Rick Chavez Zbur, a prominent civil rights attorney weighed in saying, “Today’s ruling by the Court is limited in nature and scope. While the Court ruled against the City based on the specific facts of this case, we are heartened by the fact that it did not recognize or create a license to discriminate. The Court’s ruling means that governments can — and must — continue to enforce neutral, generally applicable laws that protect LGBTQ+ people from discrimination both inside and out of the foster care system.”

There was a note of defiance and dissent to the ruling from the SPLC listed anti-LGBTQ hate group, the Family Research Council, which released this tweet:

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LGBTQ Florida state Rep. Michele Rayner announces bid for Congress

“I am making this announcement during Pride Month – a time we recognize how far LGBTQ folks have come and how far we have to go”

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Florida State Representative Michele Rayner (D-District 70) (Photo Credit: State Rep. Michele Rayner)

LARGO, FL. – The race to replace Democrat Charles Joseph (Charlie) Crist Jr. in Florida’s 13th Congressional District seat was joined by civil rights attorney and state Representative Michele Rayner (D-District 70) Monday.

In a small gathering at her church, the Lighthouse Church of Jesus in Largo, which is the third largest city in Pinellas County, she announced her bid for the seat occupied by Charlie Crist who is leaving Congress in 2022 after serving three terms to make a run for Governor challenging Republican Governor Ron DeSantis.

Rayner who was elected to the Florida House in 2020, was the first openly Black LGBTQ woman to be elected to the Florida Legislature. If she is elected to the U.S. House, she will be one of the first openly queer Black women to serve on the Hill. Speaking to supporters on Monday she acknowledged her announcement to run for Congress was made during Pride Month. However, she noted that issues such as access to quality education, affordable health care, environment issues, systemic racism and more are of paramount concern to her.

“These are serious problems that require serious public servants working to address them,” Rayner said. “It’s not lost on me that I am making this announcement during Pride Month – a time we recognize how far LGBTQ folks have come and how far we have to go.”

“And I understand, if elected, that I will be one of the first openly queer Black women to serve in Congress. I say that because I want to go ahead and say that that is not why I am running- because I am running to continue to serve my community with the same determination, tenacity, selflessness and commitment to public service that I have employed throughout my whole time here in Florida,” she added.

Raynor briefly mentioned the death of her father in December of 2020 and then shifted her emphasis to the purpose to her run for the U.S. House characterizing her campaign [as] “about bringing all of our communities together to create positive change in this society.”

“It’s about public service…this campaign is very personal for me,” she said. “My vision is for my community and this state – and indeed – I believe the whole United States to be governed by representatives and people who truly serve their constituents – not themselves.”

In addition to Raynor, other Democrats who have announced their intent to run are Eric Lynn, former foreign policy adviser to former President Barack Obama, and Benjamin Frank Diamond, an attorney also a member of the Florida House of Representatives from the 68th district.

The only Republican candidate who has declared for the seat, U.S. Air Force veteran Anna Paulina Luna, who ran against and lost to Crist in last year’s November elections.

Rayner lives in St. Petersburg with her wife Bianca Goolsby.

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