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He’s that guy at the party who hands you a balloon, and, while you are all excited about it and pointing it out to everyone else, he stoops down behind you and ties your shoe laces together.
Many in the GLBT Community were fooled into praising President Trump because he decided not to sign an executive order rescinding protections for GLBT federal employees and employees of federal contractors.
He sweetened this by allowing rumors to fly, and, when on the preceding days to his announcement people asked about it, no one in the White House would say if the rumor was true or not, even when directly asked.
The Community was told to be joyous when he did not sign the executive order, and the suspense from the silence was supposed to have served in increasing that joy. Or at least it was supposed to.
He could now boast that he had kept his word that he was a true friend of the GLBT Community, and we were advised to take the moment, give credit where credit was due, relax, and forget how this strategy was used in the past
My internet connections were filled with that advice.
And while we looked at our balloon, the shoe thing happened, couched as it was in lofty sentiments and a few snarky asides at the podium.
I actually had wondered if, with the pre-event hype about a prime-time reality show-like revelation of his Supreme Court nominee, Trump would have the three finalists by his podium when he presented one with a rose.
Neil Gorsuch has been added to Trump’s quiver filled with anti-GLBT people, with Mike Pence leading the pack.
Gorsuch favors religious beliefs over law when it comes to services to gay couples, and he may have to rule on cases connected with the possible (inevitable) passage of the First Amendment Defense Act (FADA).
He could very possibly join with other conservatives to rule that individuals and businesses sometimes have the right to discriminate against GLBT people for religious reasons based on his previous rulings as a Circuit Court judge.
Gorsuch is the new Scalia.
He will be on the bench for cases related to North Carolina’s HB2 law which requires transgender people to use toilets that correspond to the sex listed on their birth certificates, and Mississippi’s HB 1523 law which allows individuals, businesses and religiously-affiliated organizations (including hospitals, schools, and emergency services) to discriminate on the basis of religious beliefs.
On the U.S. Court of Appeals for the 10th Circuit Judge Gorsuch
- ruled against a transgender inmate’s constitutional claims seeking hormone treatment and a transfer from an all-male facility,
- even though he recognized that a transgender person can state a claim for sex discrimination under Title VII based on a theory of gender stereotyping, ruled against the plaintiff who had been barred by her employer from using the female restroom until completing gender-confirmation surgery, and
- joined an opinion in favor of companies alleging that the Affordable Care Act’s contraception mandate violated their religious rights under the federal Religious Freedom Restoration Act
“Can religious conservatives get an exemption from generally applicable laws? That’s definitely going to come up as a big issue in future years,” said Adam Winkler, a UCLA law professor who predicted Gorsuch will be a “strong voice for religious exemptions.”
The rights of Transgender citizens are being attacked in various states for the most foolish and uninformed “reasons”, and Gorsuch may have to decide on case dealing with whether federal civil rights laws cover discrimination against transgender individuals.
It may be a matter of timing, and how long his nomination process takes, but in October SCOTUS agreed to hear a case involving a transgender boy’s right to use the boys’ bathroom at his Virginia public high school, a case that also involves the validity of the Obama administration’s guidance to the Education Department which urged such accommodations under federal law.
Transgender rights at school and in the workplace under federal law is one thing the Court will be dealing with in the next few years.
“Transgender rights is definitely going to come back up,” Winkler said. “That issue is not going to go away but I wouldn’t be surprised to see the justices kick the can down the road a bit.”
But, hey, wasn’t Trump magnanimous in not signing that rumored EO.
Yeah, I guess.
As long as you ignore that, before he announced that he wouldn’t rescind Obama’s GLBT protective executive order, he had already decided to appoint someone to the court who has a record of conservative rulings that favor religion, I guess that would allow him to appear supportive and supply the excuse that “Gee, I tried, but my hands were tied. But I’m great, right?”.
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