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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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‘Cutting Him to Shreds’: ‘Pissed’ Judge Tells Trump’s Attorney ‘You’re Losing All Credibility’

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New York Supreme Court Judge Juan Merchan heard arguments in court Tuesday morning without the jury present after prosecutors in District Attorney Alvin Bragg’s office accused Donald Trump of violating his gag order ten times, via posts on his Truth Social account.

Judge Merchan did not rule from the bench, but is expected to announce his ruling possibly as early as later Tuesday. Prosecutors asked for Trump to be held in contempt, and outlined four possible responses. Merchan refused one response but agreed three were possible.

Among them, Merchan might fine Trump and issue a stern warning that could threaten jail time if he violates the gag order in the future.

From the bench, Merchan had directed attorneys to create a timeline of events to show if Trump was reacting to what the ex-president’s attorneys called “attacks.”

“We’re gonna take one at a time, otherwise it’s going to get really confusing,” Judge Merchan said to Trump lead attorney Todd Blanche, as Lawfare managing editor Tyler McBrien reports. McBrien noted the judge “wants to get the timeline of these posts, reposts, and replies clear.”

RELATED: Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

Trump’s attorneys appeared to suggest if his posts are “political” they should not be subjected to the gag order, which bars Trump from making “public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding.”

“Blanche says that the witnesses are making money, documentaries, TV interviews about Trump, all while Trump is gagged and threatened with jail if he responds,” McBrien also reported. “Merchan wants to get into what was actually said rather than interpret and ‘read between the lines.'”

Blanche earlier had insisted Trump was aware of what the gag order requires.

“‘Just to set the record very straight and clear: President Trump does know what the gag order’ allows him to do and not do,” MSNBC contributor Adam Klasfeld reported.

One of the larger issues discussed appears to be Fox News segments made by host Jesse Watters. One aired hours before then-juror number two asked to be excused, saying they no longer felt they could be impartial.

RELATED: Judge Warns Trump to Not Incite Violence or Make Threats to Officials as Jr. Posts Link Featuring Photo of Judge’s Daughter

MSNBC’s Katie Phang posted this exchange between the judge and Trump’s lead attorney:

“Now, Merchan asks Blanche about what Jesse Watters, in fact, said.

Blanche: No.

Merchan: “So your client manipulated what was said and put it in quotes?

Blanche: I wouldn’t say it was a manipulation.

Merchan: This isn’t a repost at all. Your client had to type it out. Use the shift-key and all.”

It did not go well for Trump and his legal team.

At one point Judge Merchan told Blanche, “You’re losing all credibility.” McBrien reports when Merchan said that, “there was an audible gasp from the press.”

Former U.S. Acting Solicitor General Neal Katyal weighed in:

“This isn’t quite like watching a full blown car accident, but it’s certainly like watching a fender bender,” McBrien also noted.

“This is going very badly for Trump already,” reported Courthouse News’ Erik Uebelacker. “Judge Merchan is losing his patience with Blanche, who can’t seem to prove that any of Trump’s attacks are ‘responses.'”

Attorney George Conway went further: “Blanche is flailing. This is painful to watch. Merchan is cutting him to shreds.”

Continuing, Conway wrote (not in quotation marks) Merchan said: “I’ve asked you several times to show me the post that the defendant was responding to. You haven’t done so once.”

He called the judge’s remark “BRUTAL.”

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

“Basically, Blanche is pretty much arguing there’s a ‘running for president’ exception to the gag order that has been specifically directed at the man running for defendant,” Conway adds. “Merchan now getting pissed at Blanche’s unresponsiveness and evasiveness.”

Klasfeld also characterized the exchanges as “brutal.”

“Merchan says he’s going to ‘reserve decision on this,’ after brutal arguments for the defense.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of hush money to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which could be deemed election interference.

Image via Shutterstock

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‘I’m Not Suicidal’: Kari Lake Pushes Hillary Clinton Murder Conspiracy Theory

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Republican U.S. Senate candidate Kari Lake is promoting a conspiracy theory suggesting Hillary Clinton wants to assassinate her. Her remarks came just one day before she lost her attempt to have the Supreme Court review what some have called her conspiracy-theory fueled lawsuit about electronic voting machines.

“Lake, who filed the lawsuit during her failed campaign for governor in 2022, challenged whether the state’s electronic voting machines assured ‘a fair and accurate vote.’ Two lower courts dismissed the suit, finding that Lake and former Republican state lawmaker Mark Finchem had not been harmed in a way that allowed them to sue,” CNN reported Monday.

Also on Monday Law&Crime reported that when she filed her lawsuit, a Dominion Voting Systems spokesperson “rejected Lake’s cybersecurity claim, telling Law&Crime it was ‘implausible and conspiratorial.'”

Democracy Docket, founded by top Democratic elections attorney Marc Elias, called it “the end of the road for a conspiratorial lawsuit,” and Lake and Fincham, “election deniers.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Lake, a far-right conspiracy theorist who has yet to concede the 2022 election, which she lost to Democrat Katie Hobbs, has a history of pushing exaggerated and baseless claims.

On Sunday, as MeidasTouch Network reported, Lake promoted an old, anti-Clinton conspiracy theory but twisted it to try to make it appear she was in danger from former U.S. Secretary of State and former Democratic presidential nominee Hillary Clinton.

Lake on Newsmax listened to a clip of Secretary Clinton calling Trump’s fondness for Russian President Vladimir Putin a “bromance,” and saying the ex-president is “just gaga over Putin, because Putin does what he would like to do: kill his opposition, imprison his opposition, drive, you know, journalists and others into exile, rule without any check or balance.”

Then Lake promoted a thoroughly debunked conspiracy theory by responding, “Oh, boy. Oh, that’s really rich coming from a woman like Hillary Clinton, who’s, how many of her friends have just like, mysteriously died or committed suicide?”

“I mean, honestly, that’s rich of her. What President Trump wants is to root out the corruption and deliver our government back to We The People and she looks very nervous. She talked about her friend Mark Elias, Mark Elias has meddled in in his and his cohorts have meddled in the elections.”

She called Democratic policies, “destructive, deadly and frankly, in some ways, diabolical,”and added, “it’s almost comical that Hillary Clinton is talking about Trump wanting to kill his opponents.”

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

“I just want to say as I’m as I’m speaking about this topic, I want everyone out there to know that my brakes on my car have recently been checked and they work. I’m not suicidal. And Hillary, I don’t mean any harm to you. Please don’t send your henchmen out to me. We understand what you’re about. ”

Watch below or at this link.

READ MORE: ‘Rally Behind MAGA’: Trump Advocates Courthouse ‘Protests’ Nationwide

 

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‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

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MSNBC top host Rachel Maddow, inside Manhattan’s Criminal Courthouse on Monday declared Donald Trump appeared “old and tired and mad,” as she delivered observations about the ex-president on trial for 34 counts of falsification of business records alleged in the alleged pursuit of election interference to protect his 2016 presidential run.

Trump “seems considerably older, and he seems annoyed. Resigned, maybe, angry. he seems like a man who’s miserable to be here,” the award-winning journalist told MSNBC viewers Monday afternoon.

“I’m no body language expert,” she conceded, “and this is just my observation. He seemed old and tired and mad.”

The New York Times’ Susanne Craig, from inside the courthouse Monday morning reported: “Trump is struggling to stay awake. His eyes were closed for a short period. He was jolted awake when Todd Blanche, his lawyer, nudged him while sliding a note in front of him.”

The Biden campaign was only too happy to pick up and report Craig’s observation, adding “feeble.”

Former Obama senior advisor David Axelrod, pointing to his piece at The Atlantic, wrote of Trump: “He has charmed & conned, schemed & marauded his way through life. He was bred that way. But the weariness & vulnerability captured in courtroom images betray a growing sense in Trump that he could wind up as the thing his old man most reviled:
A loser.”

Watch Maddow’s remarks below or at this link.

READ MORE: ‘Election Interference’ and ‘Corruption’: Experts Explain Trump Prosecution Opening Argument

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