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22 LGBT Advances That (Probably) Will Disappear Under A President Romney

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Under a President Mitt Romney, there are at least 22 advances in LGBT civil rights delivered by President Barack Obama that most likely will disappear. While Nancy Pelosi and, to a far lesser extent, Harry Reid, have worked to support civil rights and protections for the gay community, Barack Obama has — sometimes with great fanfare, oftentimes in the shadows — delivered important advances.

Back in 2010, at Change.org, I wrote a somewhat controversial (at the time) article, “Obama’s Gay Rights Come With An Expiration Date,” which stated:

President Obama should know better than to incrementalize gay rights, and tie them to his presidency. And yet, that’s exactly what he’s doing.

…

President Obama has slowly and quietly doled out rights to the LGBTQ community. These are rights we should have by the very nature of our existence, rights that every other American has upon birth, but the president has doled them out cautiously, meekly, without pomp or circumstance, and, worse, he has tied them to his presidency.

This tactic is problematic for two reasons.

First, by expanding our civil rights by issuing executive orders and memoranda, President Obama’s gay civil rights come with an expiration date. Yes, that’s right. The rights he has decreed, without working through Congress, are tied to his presidency. Any of his successors can, simply with the stroke of a pen, wipe out all our hard-earned rights, just because he or she wants to. Do you honestly think the next Republican president won’t do that?

Today, the Washington Blade’s Chris Johnson posts a long list of 21 LGBT advances a President Romney could — with the stroke of a pen or incrementally — make disappear into a more progressive history.

Asking, “Would President Romney undo pro-LGBT advances?,” Johnson notes:

Many of the pro-LGBT advances that have happened under the Obama administration occurred through changes made by the executive branch rather than through legislation. Changes that were made without the consent of Congress could be reversed under an administration that wanted to cozy up to the religious right.

The Washington Blade has identified five regulatory changes and 16 sub-regulatory changes enacted by the Obama administration that could be reversed if Romney were elected to the White House. These changes include giving greater recognition to same-sex couples, protecting federal LGBT workers against discrimination and ensuring the federal government recognizes the correct gender of transgender people.

The one Johnson doesn’t include in his list of “five regulatory changes and 16 sub-regulatory changes” is the most-obvious: Obama’s support of same-sex marriage equality.

Here’s the list from the Blade:

Regulations

The Administrative Procedures Act provides safeguards against politically motivated policy switches. Thus repealing the policies below would involve a multi-year process.

  • The Department of Health and Human Services (HHS) adopted a regulation ending the ban on HIV-positive visitors and immigrants.
  • President Obama issued Presidential Memorandum in April 2010 directing HHS to issue regulations requiring all hospitals receiving Medicaid and Medicare to prohibit discrimination in visitation against LGBT people. HHS issued a final regulation that went into effect in early 2011.
  • HUD issued final regulations in January 2012 prohibiting discrimination in federal public housing programs and federally insured mortgage loans.  HUD also requires its grantees to comply with LGBT-inclusive state and local housing discrimination protections.
  • The Office of Personnel Management published final regulations in the Federal Register expanding the eligibility for long-term care coverage to same-sex partners and sick leave to care for a same-sex partner.
  •  The federal Prison Rape Elimination Commission proposed national standards to reduce sexual abuse in correctional facilities, including standards regarding LGBT and intersex inmates. They were later instituted as a rule finalized by the Justice Department last month.

Sub-Regulatory Guidance/Policy Announcements

These are policy advances instituted by — and subject to the will of — the administration.

  • The Department of Health and Human Services revised its funding guidance around abstinence-only-until-marriage sex education programs, requiring that recipient programs are inclusive of and non-stigmatizing toward LGBT youth.
  • HHS, in partnership with the Department of Education and Department of Justice, launched stopbullyingnow.com.
  • The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.  These new standards provide guidance that aims to improve treatment of LGBT and HIV-positive people in detention facilities.
  • In summer 2011, ICE published a memo and clarifying guidance providing that an individual’s family relationships, including a same-sex relationship, would be considered as a factor in labeling certain deportations as low-priority deportations.
  • The U.S. Customs and Border Patrol announced a proposed regulatory change expanding the meaning of “members of a family residing in one household” for the purposes of the customs declaration form, which must be completed prior to re-entry to the United States.
  • The DOJ issued an opinion clarifying that the criminal provisions of the Violence Against Women Act related to stalking and abuse apply equally to same-sex partners.
  • The State Department revised the standards for changing a gender marker on a passport, making the process less burdensome for transgender people.
  • In September 2011, the Social Security Administration confirmed that it ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). This resulted in the immediate cessation of SSA sending notifications that alert employers when the gender marker on an employee’s W-2 does not match Social Security records.
  • The State Department extended numerous benefits to the partners of Foreign Service officers, including diplomatic passports and access to emergency evacuation.
  • The State Department reversed a Bush administration policy that refused to use a same-sex marriage license as evidence of a name change for passports.
  • The Department of Education issued guidance clarifying when student bullying may violate federal law, distributed a memo outlining key components of strong state anti-bullying laws and policies and made clear to public schools that gay-straight alliances have a right to form and meet.
  • The Department of Education published guidance and, in coordination with the Department of Justice, has pursued Title IX complaints filed by LGBT students experiencing harassment based on sex or sex stereotyping.
  • OPM added gender identity to the equal employment opportunity policy governing all federal jobs.
  • The Department of Labor issued guidance clarifying that an employee can take time off under the Family and Medical Leave Act to care for a same-sex partner’s child.
  • The IRS clarified that domestic partners (and their children) can be designated beneficiaries for VEBA funding/payment purposes.
  • The Census Bureau overturned the Bush administration’s interpretation of the Defense of Marriage Act and agreed to release data on married same-sex couples along with other demographic information from the 2010 Census.

SOURCE: HRC

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Johnson Goes After Nearly Non-Existent Non-Citizen Voting

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May 8, 2024

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Speaker of the House Mike Johnson is promoting new legislation to make it illegal for non-U.S. citizens to vote in federal elections, despite an existing law that does just that.

After his joint press conference last month with ex-president Donald Trump on “election integrity,” the embattled Speaker is teaming up with former top Trump official Stephen Miller, the architect of the previous administration’s family separation policy that led to thousands of immigrant children being ripped apart from their parents and siblings. Other Trump orbit guests present included Cleta Mitchell, Ken Cuccinelli, and Hogan Gidley (full video below).

Johnson, now fending off a small but loud faction of his conference threatening to oust him, on Wednesday held a press event on the steps of the U.S. Capitol to promote his Safeguard American Voter Eligibility (SAVE) Act.

READ MORE: ‘Scratch Off the Georgia Trial’: Second Trump Case Likely Delayed Past Election Experts Say

“We all know, intuitively, that a lot of illegals are voting in federal elections. But it’s not been something that’s easily provable. We don’t have that number,” Johnson falsely told reporters.

Commenting on Johnson’s remarks that  “intuitively” we know that “a lot of illegals are voting,” Michael Waldman, president of the Brennan Center for Justice at NYU School of Law, wrote: “It’s already very, very illegal. Many systems in place. Punishment including jail or deportation. That Cleta Mitchell, a conspirator (on ‘find 11,000 votes’ call) & Stephen Miller stood there says it all. It’s the Big Lie in legislative form.”

The Associated Press last month also reported on non-citizen voting.

“There isn’t any indication that noncitizens vote in significant numbers in federal elections or that they will in the future. It’s already a crime for them to do so. And we know it’s not a danger because various states have examined their rolls and found very few noncitizen voters.”

Calling “cases of noncitizens casting ballots…extremely rare,” the AP added: “Those who have looked into these cases say they often involve legal immigrants who mistakenly believe they have the right to vote.”

READ MORE: ‘Rejection of Trump’: 1 in 5 Indiana GOP Voters Just Cast Their Ballot for Nikki Haley

Johnson, standing in front of a “small handful of Republicans,” said his legislation “will prevent” undocumented immigrants from voting, “and if someone tries to do it, it will now be unlawful,” he added, despite a decades-old law that already makes it illegal.

“If a nefarious actor wants to intervene in our elections all they have to do is check a box on a form and sign their name, that’s it, that’s all that’s required,” Johnson continued, while not disclosing known facts.

“It’s a federal crime for noncitizens to vote in federal elections,” the Brennan Center for Justice reported last month. “It’s also a crime under every state’s laws. In fact, under federal law, you could face up to five years in prison simply for registering to vote. It’s also a deportable offense for noncitizens to register or vote. And sure, people make bad decisions and commit crimes all the time. But this one is different: by committing the crime, you create a government record of your having committed it. In fact, it’s the creation of the government record — the registration form or the ballot cast — that is the crime. So, you’ve not only exposed yourself to prison time and deportation, you’ve put yourself on the government’s radar, and you’ve handed the government the evidence it needs to put you in prison or deport you. All so you could cast one vote. Who would do such a thing?”

Johnson went on to falsely claim that “Joe Biden has welcomed millions and millions of illegal aliens – we think the number, I believe the number is probably close to at this point 16 million illegals who have come into this country since Joe Biden walked into the Oval Office.”

Claiming there are “sophisticated criminal syndicates and agents of adversarial governments, here, in our borders, and even on humanitarian parole,” Johnson said: “And that means the millions that have been paroled can simply go to their local welfare office or the DMV, and register to vote here.”

Aaron Reichlin-Melnick, the policy director for the American Immigration Council, noted, “multiple state governments have engaged in large-scale efforts in recent years to find evidence of noncitizen voting, and in every single case haven’t been able to find more than a tiny handful of cases, usually a few dozen or less, spread out over years.”

Watch the full video of Speaker Johnson’s event below and clips above, or all at this link.

READ MORE: ‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely

 

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‘Scratch Off the Georgia Trial’: Second Trump Case Likely Delayed Past Election Experts Say

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3 hours ago

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May 8, 2024

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The Georgia Court of Appeals has agreed to take up Donald Trump’s appeal of a lower court’s ruling allowing Fulton County District Attorney Fani Willis to remain on the case in her RICO prosecution of the ex-president for election interference.

Legal experts were quick to declare this will delay the trial so far that it’s likely it will not take place before the November election. The news comes less than one day after U.S. District Judge Aileen Cannon, a Trump appointee, announced she was postponing the Espionage Act/classified documents trial indefinitely.

Professor of law, MSNBC/NBC News legal analyst Joyce Vance posted the Georgia court’s order and her initial response.

“You can scratch off the Georgia trial too now. That’s not happening before the election either,” declared national security attorney Brad Moss.

READ MORE: ‘Rejection of Trump’: 1 in 5 Indiana GOP Voters Just Cast Their Ballot for Nikki Haley

“It is entirely possible that the Manhattan case is the only one that makes it to verdict before the election,” Moss added, pointing to the current falsification of business records, hush money, and election interference case prosecuted by Manhattan District Attorney Alvin Bragg.

“Georgia and the MAL docs cases are almost certainly delayed at this point,” he continued, referring to the Mar-a-Lago Espionage Act/classified documents case. “The DC election fraud case hinges on how and when SCOTUS rules. It is possible but by no means certain that the Fall campaign could see that trial take place. Or it could remain bogged down in legal fights too.”

Georgia State University College of Law constitutional law professor Anthony Michael Kreis put it bluntly: “There will be no Georgia trial before 2025. Period. Full stop.”

But he also offered more insight.

“It’ll be a summer of Willis and Wade,” wrote Kreis, referring to Willis’ special prosecutor Nathan Wade, who had a romantic relationship with Willis and resigned after a judge ruled Willis could remain on the case if she corrected certain issues. “Whether the appeals court is more interested in the relationship and the underlying conflict claim or the issue of forensic misconduct over the church speech Willis made in response to the disqualification motion— or both— remains to be seen.”

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

But Kreis also attempted to tamp down negative reaction to the Georgia Appeals Court’s decision.

“For everyone complaining about the Fulton County case appeal, let me just say that our Georgia Court of Appeals has incredibly smart, hard-working, and serious judges. They are good and decent folks by and large. So cool it on your hot takes and conspiracy theories there.”

Meanwhile, former federal prosecutor of 30 years, Glenn Kirschner offers some small hope to those wanting to see the trial move forward.

“Judge McAfee said the case will keep moving forward EVEN IF the appeals court grants review,” Kirschner wrote.

Judge McAfee vowed to “continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.”

READ MORE: ‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely

 

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‘Rejection of Trump’: 1 in 5 Indiana GOP Voters Just Cast Their Ballot for Nikki Haley

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5 hours ago

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May 8, 2024

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Nikki Haley dropped out of the 2024 presidential race exactly two months ago, and yet on Tuesday 128,000 Indiana GOP primary voters cast their ballot for the former Trump UN Ambassador instead of the presumptive Republican nominee.

“Unexpected warning signs for Trump in busy Indiana primary,” reports Politico, which notes, “Nikki Haley’s performance in the already concluded presidential race could be a sign of trouble for Trump in more competitive states.”

Haley, also a former South Carolina governor, was consistently getting double-digit percentages of the GOP primary vote before she dropped out of the race, even in red states. (All vote totals and percentages are from the Associated Press via Google and are current as of time of publication.)

In Alabama, Haley took 13%. In Oklahoma, 15.9%. In Texas, 17.4%. Tennessee, 19.5%.

READ MORE: ‘This Isn’t Justice’: Legal Experts Blast Cannon for Postponing Trump Case Indefinitely

But after Haley dropped out, effectively handing Trump the nomination, Republican primary voters continued to vote for her, and continued to vote for her almost always in double-digit percentages.

In Arizona, Haley won 17.8% of the primary vote. In Georgia, 13.2%. In Kansas, 16.1%.

And last night in Indiana, Haley took 21.7% of the vote.

It’s not just solidly “red” states.

In New Hampshire, Haley won a whopping 43.2% 0f the GOP primary vote.

Tuesday night as the Indiana results were still coming in but pretty much solidified, David Nir, publisher of Daily Kos Elections, asked, “Is Nikki Haley getting *more* popular? Right now, she’s at 21.6% in Indiana with more than 70% reporting. If it holds, that would be her best showing since dropping out after Super Tuesday.”

Sarah Longwell, publisher of The Bulwark, replied, “No. It doesn’t have much at all to do with Nikki Haley. It’s that the broadest coalition in American politics is the anti-Trump coalition.”

READ MORE: Johnson Demands All Trump Prosecutions Cease, Vows to Use Congress ‘In Every Possible Way’

Amanda Carpenter, a Republican political commentator who once worked for far-right GOP lawmakers including Senators Ted Cruz and Jim DeMint, agrees with the anti-Trump theory.

“It’s almost as if…more and more Republicans, each day, are rejecting Trump. Perhaps these [Indiana] voters heard what their former congressman and Governor and later Vice President Mike Pence had to say about the president he served?” she wrote. “In all seriousness though, this is not a Nikki Haley movement showing up in double digits in multiple states. It’s anti-Trump GOP voters. Can you hear them yet? This is real.”

The New York Times last month took a look at what is called the “zombie vote,” votes for candidates who have already dropped out.

According to the Times, the “zombie vote in this year’s Republican primary has actually been low by historical standards. In Democratic and Republican primaries going back to 2000, roughly a quarter of voters picked a candidate other than the eventual nominee even after all the other serious contenders had exited the race.”

READ MORE: Trump Threatens to Violate Gag Order and Go to Jail: ‘I’ll Do That Sacrifice Any Day’

“For Mr. Trump,” the Times adds, “what matters is how many of Ms. Haley’s primary voters will rally behind him come November. Polls have shown that her supporters are likely to say they will vote for Mr. Biden. Even so, those same polls often find that many of those voters already supported Mr. Biden in 2020.”

The Nation’s John Nichols last month pointed to just that, after the Pennsylvania primary:

“Haley is not campaigning, but she just won almost 158,000 GOP primary votes in the critical state of Pennsylvania. Democrats think they can swing many of them to Biden.”

Late Tuesday night, pointing to Haley taking more than a third of the vote in some Indiana counties, Nichols concluded, “These numbers continue a pattern of rejection of Donald Trump by precisely the Republicans and Republican-leaning independents he needs in November.”

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