LGBT

Did a Nevada Federal Judge Let Personal Beliefs Affect His Marriage Ruling?

Why did the federal district judge who'd upheld Nevada's marriage ban remove himself from the case when the 9th Circuit ordered him to implement its pro-equality decision?
PFAW Foundation

Another Nail in the Coffin for Baker v. Nelson

The Supreme Court's decision not to hear marriage equality appeals may have an important substantive effect on the law.
PFAW Foundation

Supreme Court Action on Marriage Cases Is No Surprise

In last month's Supreme Court Term Preview, PFAW Foundation explained why most Justices might very well want to avoid taking the then-pending marriage cases.
PFAW Foundation

The Right Enemies: A Look Back at Right Wing Attacks on Eric Holder

Attorney General Eric Holder, who today announced his plans to resign, has been a leader in addressing systems of racial discrimination and protecting the fundamental rights of every American to be treated equally under the law and participate in our democracy.

Perhaps it’s not surprising, then, that the Right loves to hate him.

In February of this year, the American Family Association demanded Holder’s impeachment after he had the audacity to treat married same-sex couples like married opposite-sex couples with regard to a host of legal rights and recognitions. Shortly after, both Faith and Freedom Coalition head Ralph Reed and Republican Rep. Tim Huelskamp echoed the call for Holder’s impeachment because of his support for marriage equality. Televangelist Pat Robertson also joined the impeachment parade, alleging that under Holder, “sodomy” was being “elevated above the rights of religious believers.”

Holder’s commitment to redressing racial injustice was no more warmly received by the Right than his work in support of LGBT equality. After Holder spoke out against voter ID laws, which disproportionately harm people of color, Texas Gov. Rick Perry accused him of “purposefully” “incit[ing] racial tension.” Gun Owners of America director Larry Pratt argued that Holder’s open discussion of racial discrimination in the criminal justice system means that he is the real “racist,” asserting last year that Holder wants to “intimidate the rest of the country so that we don’t think about defending ourselves” against “attacks by black mobs on white individuals.” Bryan Fischer of the American Family Association went so far as to say that Holder would never “prosecute someone if the victim is white.” And after Holder visited Ferguson, Missouri last month, David Horowitz outrageously commented that the attorney general was leading a black “lynch mob.”

And those are just a handful of the attacks the Right has leveled against Holder for his work protecting equality under the law.

The fact that the far Right has reacted with so much vitriol to the attorney general’s leadership is a sign not only of how uninterested they are in the civil rights that the Justice Department is meant to protect, but also of how effective Holder’s work has been. The next attorney general should share Holder’s deep commitment to protecting the rights of all Americans – and, by extension, make all the “right” enemies among those hoping to turn back the clock on civil liberties.

PFAW

PFAW & Allies Send Open Letter to RNC Chair: “Where Does the GOP Stand on Gay Bashing?”

In anticipation of this weekend’s annual Values Voter Summit, a multi-day event where GOP elected officials and presidential hopefuls rub elbows with Religious Right leaders, People For the American Way President Michael Keegan joined the leaders of the Southern Poverty Law Center and five other civil rights and LGBT organizations in an open letter calling on Republican National Committee chair Reince Priebus to ask members of his party to disassociate themselves from the summit.

The letter, printed in the Washington Post and The Hill this morning, highlights the repeated and vicious demonization of LGBT people by the groups responsible for the summit, including its host, the Family Research Council:

Its president, Tony Perkins, has repeatedly claimed that pedophilia is a “homosexual problem.” He has called the “It Gets Better” campaign — designed to give LGBT students hope for a better tomorrow — “disgusting” and a “concerted effort” to “recruit” children into the gay “lifestyle.”

… Bryan Fischer of the American Family Association, a summit sponsor, has said the U.S. needs to “be more like Russia,” which enacted a law criminalizing the distribution of LGBT “propaganda.” He also has said, “Homosexuality gave us Adolph Hitler, and homosexuals in the military gave us the Brown Shirts, the Nazi war machine, and six million dead Jews.”

By participating in the summit, Republican Party leaders risk legitimizing this kind of virulent extremism. Given that reality, the letter asks a simple question: where does the GOP stand on gay bashing? Reince Priebus himself has said, “People in this country, no matter straight or gay, deserve dignity and respect.” But will he walk the talk and, as the letter asks, “tell the members of your party to shun groups that demean other people and deny them dignity?”

You can read the full letter here.
 

PFAW

7th Circuit Says Arguments Against Marriage Equality "Cannot Be Taken Seriously"

Reagan judge Richard Posner concludes that the argument against marriage equality "is so full of holes that it cannot be taken seriously."
PFAW Foundation

Louisiana's Marriage Ban Is Upheld By Judge Citing "Lifestyle Choices"

A judge nominated by Ronald Reagan in 1983 writes an opinion that is a throwback to that earlier and less equal time.
PFAW Foundation

One More Win Towards Ending Discrimination: Non-Discrimination Ordinance Passes in Roeland Park, KS

The following is a guest post by Roeland Park Councilwoman Megan England, member of People For the American Way Foundation’s Young Elected Officials Network.

Before a city council vote last week in Roeland Park, Kansas, it was legal in our town to refuse or terminate housing, services, or employment for someone on the basis of who they are or who they love. I didn’t believe that our community would tolerate this kind of treatment for our lesbian, gay, bisexual, and transgender neighbors and friends. As a councilmember, I felt the obligation to ensure that everyone — regardless of sexual orientation, gender identity, or military status — has the opportunity to live, work, and contribute here.

This spring, Councilwoman Jennifer Gunby and I introduced a non-discrimination ordinance providing protections for the LGBT community and others. This seemed like the right thing to do for many reasons. First, it’s fair and just. It shows that our town, like so many others, values diversity and inclusion. It highlights the shared values of our community. It’s good for our economy, since it attracts businesses and visitors who want to feel that everyone is welcome in our town. It supports a strong and productive workforce and happier, healthier communities. What’s more, many of our neighboring towns were already a few steps ahead of us. Cities like Lawrence, Kansas and Kansas City, Missouri have had similar non-discrimination protections for over 20 years. In every corner of the country, cities and towns are increasingly understanding the importance of passing laws that prevent discrimination. And we were thrilled last week when Roeland Park finally did, too.

However, we still face an uphill battle in the larger fight for equality. In my work on this ordinance, I’ve learned that many people — even members of the press — are still unaware of the lack of federal protections in place for the LGBT community. There’s no end in sight to congressional gridlock in Washington, and it may be a while before our state of Kansas has the leadership necessary to wipe discrimination from the books. My hope is that other local elected officials will realize, like I did, that they have the power to make a simple but profound change in the lives of those they are sworn to represent. While change may be slow nationally, at the local level we have a tremendous opportunity to protect and serve our constituents, and to drive progress and innovation.

When Councilwoman Gunby and I began this process, we thought change might come quickly; we didn’t expect five months of revisions, public hearings, and tense discussions. While much longer and more difficult than we imagined, I now realize the importance of that process. It reaffirmed my respect for the political process. I saw the benefits of engaging the community in a critical dialogue, and in bringing light to the issue week after week. In some of the more difficult moments, when I wasn’t sure that the ordinance would ultimately pass, I wondered if it had all been worth it. One local transgender man answered that for me by sharing the story of how speaking publicly for the first time and simply telling his personal story encouraged young trans people to reach out to him for support and guidance. It was this act of kinship, of humanity and community, that reinforced for me the importance of the process no matter the outcome.

When focused on the big picture, we sometimes fail to see the smaller impacts of our work, the daily reverberations. But now, with both the ordinance in place and many conversations started, our community is all the better for it.     

PFAW Foundation

David Perdue: Too Extreme for Georgia

On Tuesday, David Perdue triumphed over longtime representative Jack Kingston in the Republican runoff for Saxby Chambliss’ U.S. Senate seat. The former Dollar General CEO has never run for political office, a distinction he has made the central theme of his campaign. Perdue has boasted that he is a “different kind of candidate,” but we’ve seen a candidate like him before: 2012 Republican presidential nominee Mitt Romney.

The similarities between Romney and Perdue are striking: both CEOs, both millionaires, and both completely out of touch. Romney, however, was accused by right-wingers of being one thing Perdue clearly isn’t: moderate. Perdue has made no attempt to seem even relatively moderate and has dragged his extremist ideals as far to the right as he can. Make no mistake: he will not represent Georgia. Instead, he’ll represent those like him: wealthy, anti-immigrant and anti-equality.

Perdue already has proven that he is wrong for Georgia. He signed the FAIR Pledge, a pledge created by the Federation for American Immigration Reform (FAIR) Task Force, vowing to oppose not only a pathway to citizenship for undocumented students but also any increase in work visas for legal immigrants. He is also anti-choice and anti-equality. With nearly 10 percent of Georgia’s population identifying as Latino and over 260,000 Georgians identifying as LGBTQ, Perdue would have a duty to represent all of his constituents—and that is a duty he won’t fulfill.

David Perdue has made it clear that he does not understand needs of Georgia’s diverse, changing population, which is why PFAW will help to make it clear that he is not the right choice for Georgia.
 

PFAW

Right Wing Bonus Tracks - 7/16/14

• Right-wing leaders including Jenny Beth Martin, Tony Perkins, Richard Viguerie and Ken Blackwell are urging RNC chairman Reince Priebus to investigate the Mississippi runoff election.

• Hazelton, Pennsylvania, may be on the hook for millions more dollars for its failed anti-immigrant policy.

• The Pew Research Center is out with new findings on the “feelings that members of America’s religious groups have about one another.”

• Tony Perkins says “President Obama has put the demands of this 3% [of LGBT people] before the entire nation and its interests.”

• Finally, Laurie Higgins urges parents to “flee from public school pornogogues pronto.”

Anti-LGBT Author Calls Trans People 'Pathological Narcissists'

On yesterday’s edition of “Sandy Rios in the Morning,” anti-LGBT activist and lecturer Dale O’Leary discussed her book, “The Gender Agenda,” which is about the purportedly harmful implications of transgender rights.

O’Leary told Rios that transgender identity in trans women is the result of a lack of “masculine” authority in childhood and an unhealthy attachment to mothers, which in turn makes “these people covet something [femininity] that they don’t have and can never get.”

The pursuit of a gender transition, Rios agreed, is motivated by envy and is wholly self-serving, failing to account for “what happens to the family, what happens to the wife, what happens to the children” of trans women in this scenario. O’Leary could only conclude that transgender people are inherently “pathological narcissists” who disregard the consequences their actions have on others to fulfill their vain desires.

O’Leary lamented that transgender people are sometimes encouraged by parents, doctors and psychologists who do not insist on correcting gender-nonconforming behavior and let children explore their own identity instead. She also blamed recent bans on ex-gay conversion therapy for minors in states like California and New Jersey for the growing acceptance of trans identity.

“Not giving these children therapy, when they are so clearly symptomatic of gender identity disorder, is child abuse,” she said. Instead of providing them with the help they apparently need, medical practitioners who don’t force gender conformity onto children are “conspiring with parents to keep the child locked in a mental disorder.”

Kentucky Marriage Ban Struck Down

Continuing the unbroken record of marriage equality wins since last year’s Supreme Court ruling against DOMA in the Windsor case, today a federal judge ruled unconstitutional Kentucky’s ban on marriage for same-sex couples.

District Judge John G. Heyburn II wrote:

In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.

He dismissed the opposing arguments — including that the ban was good for the state’s economic stability and birth rates — out of hand, noting, “These arguments are not those of serious people.”

The judge has stayed the ruling for now, meaning that Kentucky couples can’t immediately begin marrying. But the decision is a significant victory for LGBT families in the Bluegrass State, where activists have fought courageously for equal rights for many years. Congratulations, Kentucky!

PFAW Foundation

Tenth Circuit Protects Right to Marry

A federal appeals court rules that same-sex couples have a constitutional right to marry.
PFAW Foundation

Indiana’s Marriage Ban Struck Down

In another win for equality, today U.S. District Judge Richard Young struck down Indiana’s ban on marriage for same-sex couples. Because the judge did not stay the ruling, the Indianapolis Star reports that couples can begin getting married right away.

Not a single state marriage ban has been able to withstand a challenge in federal court in the wake of the Supreme Court’s 2013 decision in United States v. Windsor, which struck down part of DOMA.

Congratulations, Indiana!

PFAW Foundation

Same-Sex Marriages Continue in Wisconsin After Federal Judge Denies Motion to Stay

Since last Friday’s ruling by Federal Judge Barbara Crabb that Wisconsin’s ban on same-sex marriages is unconstitutional, hundreds of same-sex couples have lined up to get marriage licenses across the Badger State. Immediately after receiving the ruling, clerks in Dane and Milwaukee counties began issuing marriage licenses, and in both areas, facilities stayed open late on Friday and continued issuing licenses on Saturday. Officiants, including judges, ministers, and commissioners, married couples on-site at their respective county courthouses.

Similar to actions in other states where courts have struck down same-sex marriage bans, Wisconsin’s right-leaning GOP Attorney General J.B. Van Hollen filed multiple motions to “preserve the status quo” attempting to stop same-sex marriages from happening.

As of Tuesday afternoon, 48 of the state’s 72 counties were issuing marriage licenses to same-sex couples, despite the ongoing legal battle. Wisconsin’s Vital Records Office is accepting the licenses, but holding them until they receive further guidance from Van Hollen.

For its part, the ACLU filed a proposal of how to implement same-sex marriage in the state. If approved, the plan would force Governor Scott Walker, Attorney General Van Hollen, and county clerks across the state to treat all same-sex and opposite-sex couples equally under the law.

Judge Crabb is set to have another hearing on June 19th.

PFAW Foundation

Speaker Boehner's Secret Vault

Six months later, the Employment Non-Discrimination Act (ENDA) is still locked away by House GOP leadership. Take action with People For the American Way.
PFAW

Scott Lively's New Anti-Gay Coalition: Governments Should Suppress LGBT 'Propaganda'

Anti-gay activists Scott Lively and Peter LaBarbera held a press conference today to announce the formation of a new Coalition for Family Values to fight the “destructive” LGBT agenda around the world. They were joined by “ex-gay” activist Greg Quinlan and Diane Gramley, president of the American Family Association of Pennsylvania. Linda Harvey of Mission America sent a supportive statement.

And don’t worry about calling these guys anti-gay. The rationale behind their new coalition seems to be that too many other Religious Right leaders will only speak out against marriage equality but not against homosexuality itself for fear of being labeled a hater or bigot. That approach, said Lively, is “unprincipled.”

The coalition’s statement says:

“…the vast majority of the people of the world do not accept the notion that sexual deviance should be normalized. It is time that these voices are heard on the world stage before the so-called elites of the Western powers impose their inverted morality on everyone through the manipulation of international law, which they clearly intend to do.”

To explain why a new coalition was needed – after all, it’s not as if there aren’t already plenty of groups pushing anti-gay policies overseas -- Lively said:

“We believe that the pro-family movement is not being well represented at the moment. Because most of the people that are in the leadership positions are afraid to speak the plain truth because of the media….We’re not against gay marriage and gay adoption because they’re just bad public policy. We’re against them because homosexuality itself is harmful to the people who practice it and to society. 

The organizing statement written by Lively and signed by his new coalition partners says,

“Let us pray for healing for those who choose the LGBT path, and (within reason) respect their right to be wrong in their private lives. But let us not allow the LGBT political movement to transform the world in its own distorted image.”

For Lively, respecting “within reason” people’s right to be “wrong” seems to be limited to society not persecuting gay people who have sex in private. He says he doesn’t believe people should go to jail for what they do in their own bedroom, as long as they aren’t trying to move society away from what he believes is a biblical approach to sexuality – what he calls the “one flesh paradigm.” He said, “And that if you’re going to be engaged in that kind of behavior, then stay in the privacy of your home and not try to transform the mainstream culture according to your sexual values.”

Another point of the press conference was to praise Russian anti-gay laws. Says the coalition statement, “we want to praise the Russian Federation for providing much-needed leadership in restoring family values in public policy, and to encourage the governments of the world to follow the excellent example that the Russian government has set in 2013 and 2014 by banning LGBT propaganda to children and limiting the adoption of children to natural families only.” Peter La Barbera cited a poll saying that 74 percent of Russians say homosexuality should not be accepted in society, adding, “Good for the Russians.” 

Lively said his goal is not the criminalization of homosexuality. But, he said, the government has “an affirmative duty to protect the natural family and to discourage all sex outside of marriage.” He says he’d like to return to the days “when adultery was a criminal act.” Such laws, he says, would be lightly enforced, but would help discourage sex outside marriage. What really bothers Lively, he says, is that pro-LGBT ideology has “infiltrated” the government; there needs to be a “separation of LGBT and state” so that the government is not allowed to advocate for “the homosexual perspective.”

Pushed by conservative activist Cliff Kincaid about the ways the anti-gay “propaganda” law in Russia is being used to suppress free speech and freedom of the press, Lively said he didn’t favor that. But he said he was “torn.”

“There is a zero sum equation here – that you’re either going to have society that believes that sex belongs inside of marriage only, or that it’s really anything goes within the principle of mutual consent. Those two ideas are mutually contradictory. In Russia, the Russian policy is to favor the pro-family perspective and suppress the speech of those who are against it. In the United States, it’s the pro-gay perspective that’s favored and anything against that is being suppressed.”

When Kincaid challenged that claim, noting that Lively was holding a news conference and, unlike gay rights advocates in Russia, he wasn’t been arrested or beaten, Lively said, “I wish there was a good balance that could be struck.”

“I try to make all of my policies based on principle, and my principle is, the most important thing in dealing with this issue is that we need to affirm the biblical standard of one-flesh sexuality. All sex outside of marriage is harmful to society. Now, right now, the challenge to the Russians is how far are they going to let aggressive homosexual propagandists get a foothold in their society. And they’re looking at the United States, and they’re seeing what’s happening here.

When we started extending tolerance to these activists -- you know in the 1950s, Dale Jennings of the Mattachine Society said the goal of the gay movement was the right to be left alone – that’s a direct quote. And as soon as we extended tolerance, then they began demanding more, and more, and more. You give ‘em an inch and they take a mile.

If there were some balance we could have, in which people who want to live discretely in a gay subculture can articulate their views in context, in which it’s not going to be tearing down the fabric of society, then I’m all for that. But if the only choice is suppressing a harmful propaganda, and giving it free reign, I’m going to choose the suppression of the harmful propaganda. Because we’ve seen in our country the consequences of not doing that.

Lively complained about businesses being punished for refusing to provide services to same-sex couples. “This is what the homosexual activists do. They are the worst bullies in society. If you dare to stand up to them, even if all you say is that I believe marriage is between a man and a woman, they try to destroy you.”

Lively made a similar point about the anti-gay law in Uganda. He claimed to have encouraged parliamentarians there to focus on “prevention” and “treatment” of homosexuality rather than punishment, and said he believes the law is overly harsh. He even said he had turned down a Ugandan who wanted to join the new coalition. But, he said, he was asked, “If you could only choose between the Ugandan law minus the death penalty, or complete freedom for the homosexual agenda in Uganda, which one would you go with?” His answer: “And I said, well, I would have to with the restriction, because you have to put the children ahead of the adults. And that’s what Russia is doing…it’s the lesser of two evils.”

Both Lively and LaBarbera were contemptuous of the notion that same-sex couples with children could be considered a family. In response to a question about children with gay parents, Lively said he rejects the premise that they are a family.

“I think there’s a false premise in your question, that these are families. I don’t believe that they are families. I think when two people who define themselves by a type of sexual behavior put their own sexual interests ahead of the interests of children, that that is not a family.”

Lively said same-sex couples are “posing” as mothers or fathers.  LaBarbera denounced “the bizarre concept of subjecting innocent children to households that are intentionally motherless or intentionally fatherless.”

Gramley from the Pennsylvania AFA affiliate said that children exposed to “homosexual propaganda” in schools, books, video games, and entertainment are like “lab rats” or “guinea pigs.” Said Gramley, “We recognize the outcome of this war on the family will determine the very future of humanity itself.”

Linda Harvey’s written statement sounded a similar tone:

“To be a faithful Christian in many of today’s U.S. public schools means for many students that they walk into a daily atmosphere of sexual anarchy, institutional bigotry and widespread deceit….Our next generation in the U.S. is being deliberately corrupted through such wayward guidance from deviant adults. We applaud the steps Russia is taking to ensure this is not the path for their students, and we encourage more countries to make the same wise choice, to say ‘no’ to homosexual activism.”

Lively seems unwilling to entertain the idea that his years of travelling the world to denounce LGBT people as threats to children could be in any way responsible for violence against LGBT people. “We unequivocally condemn any violence against anyone, including homosexuals,” he said. LaBarbera chimed in to say neither Lively or other activists he works with have ever espoused violence or hatred. Really. 

Lively said he only put out the word to get coalition members two days ago and that responses are flooding in from around the world. Among the recognizable Religious Right figures who signed up are Matt Barber, Tim Wildmon, Bryan Fischer, Gordon Klingenschmitt, Janet Porter, and Sally Kern. No haters there. 

Windsor's Ripples of Equality

Citing Windsor, a 9th Circuit panel rules that government classifications based on sexual orientation are subject to heightened scrutiny.
PFAW Foundation
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