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Trump, the First Amendment Defense Act & the fate of LGBTQ+ civil rights - A Reminder

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I've seen several people hold up the photo of Trump with the rainbow flag as proof that he either cares about LGBTQ+ rights or is at least indifferent towards them. This complacency is dangerous and I want to show how not only is Trump against equality for LGBTQ+ citizens, let alone his cabinet but also the legislation on the horizon that is set to turn LGBTQ+ peoples into second class citizens if not pushed back against firmly.

First, from the Human Rights Campaign, here's an article on Trump's anti-LGBTQ+ history:

Human Rights Campaign said:
1. Trump Vowed to Rescind Marriage Equality

Donald Trump has long opposed nationwide marriage equality, calling himself a “traditional” guy, even waffling on whether he supports civil unions. Heading into the South Carolina Primary, Trump tripled down on his opposition to nationwide marriage equality.

In late January, Trump told FOX News Sunday he would appoint justices to the U.S. Supreme Court who would reverse nationwide marriage equality and when asked to clarify by ABC’s George Stephanopoulos a week later, Trump again doubled down.

Trump also told CBN’s David Brody that evangelical voters can “trust me” to oppose marriage equality, saying:

“I think they can trust me. They can trust me on traditional marriage. I was very much in favor of having the court rule that it goes to states and let the states decide. And that was a shocking decision for you and for me and for a lot of other people. But I was very much in favor of letting the states decide...”

2. Trump Endorsed Law Sanctioning Kim Davis-Style Discrimination

Donald Trump supports the so-called “First Amendment Defense Act,” (FADA), a bill to enable Kim Davis-style discrimination against LGBTQ people nationwide. FADA would undermine the rule of law and promote taxpayer-funded discrimination against same-sex couples. In a letter to the far-right organization the American Principles Project, Trump wrote in December, “If Congress considers the First Amendment Defense Act a priority, then I will do all I can to make sure it comes to my desk for signatures and enactment.”

...

3. Trump Endorsed North Carolina’s HB2; Would Let Anti-LGBTQ Governors Write Discrimination Into State Law

During a campaign appearance in Raleigh in July, Colin Campbell of The News and Observer asked Trump again about his opinion of the hateful HB2 law. Trump said, “I’m going with the state. The state, they know what’s going on, they see what’s happening and generally speaking I’m with the state on things like this. I’ve spoken with your governor, I’ve spoken with a lot of people and I’m going with the state.”

While Trump has noted how unnecessary and damaging HB2, has been to the state of North Carolina -- he has also assured conservatives he would do nothing to address it as president. Trump told Sean Hannity on FOX News that ‘he would leave it up to states’ and do nothing to intervene as president. Trump doubled down in May.

...

4. Trump Pledged to Repeal President Obama’s Executive Orders

Trump says he looks forward to repealing President Obama’s executive orders, meaning the executive order protecting LGBTQ employees working for federal contractors is at risk. That means under a Trump White House, a company doing business with the government and receiving taxpayer dollars could say “you’re fired” to LGBTQ employees just because of who they are.

This is what Trump had to say about executive orders:

“One of the beautiful things about executive orders…is, if I get elected, many of those executive orders that [Obama] signed, the first day they’re going to be unsigned.”

...

5. Spews Hatred Towards LGBTQ People -- including Women, Immigrants, Muslims, and People Living with Disabilities

Throughout his campaign, Donald Trump attacked, belittled and maligned anyone and everyone he considers different. The LGBTQ community is as diverse as our nation, and includes women, immigrants, Muslims, people of color, people living with disabilities, asylum seekers and others Trump has attacked for political gain.

Consider his attacks on immigrants, whom he has called “in many cases, criminals, drug dealers, rapists, etc.” About 30 percent of LGBTQ immigrants -- some 267,000 people -- are undocumented adults, according to a 2013 study from the UCLA’s Williams Institute. Donald Trump would forcibly remove these people and deport them, breaking up LGBTQ families and doing massive damage to our economy in the process.

Within this list, the one that looms over LGBTQ+ rights the most is FADA: The First Amendment Defense Act.

NBC News said:
FADA would prohibit the federal government from taking "discriminatory action" against any business or person that discriminates against LGBTQ people. The act distinctly aims to protect the right of all entities to refuse service to LGBTQ people based on two sets of beliefs: "(1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage."

Ironically, the language of the bill positions the right to discriminate against one class of Americans as a "first amendment" right, and bans the government from taking any form of action to curb such discrimination—including withholding federal funds from institutions that discriminate. FADA allows individuals and businesses to sue the federal government for interfering in their right to discriminate against LGBTQ people and would mandate the Attorney General defend the businesses.

...

Jennifer Pizer, Law and Policy Director at Lambda Legal, told NBC Out FADA "invites widespread, devastating discrimination against LGBT people" and is a deeply unconstitutional bill.

"This proposed new law violates both Equal Protection and the Establishment Clause by elevating one set of religious beliefs above all others," Pizer said, "And by targeting LGBT Americans as a group, contrary to settled constitutional law."

Pizer warned that the bill's language also left room for individuals and businesses to discriminate against unwed heterosexual couples and single mothers, because of the clause stating that "sexual relations are properly reserved" to marriage between a man and a woman.


"There cannot be even one iota of doubt that this bill endorses one set of religious beliefs above others, and targets people in same-sex relationships, married or not, as well as unmarried heterosexual couples who live together," Pizer said. "It's an unconstitutional effort to turn the clock back to a time when unmarried mothers had to hide in shame, and LGBT people had to hide, period."

The Daily Beast said:
The First Amendment Defense Act is the nuclear version of the so-called “religious freedom” laws that have appeared across the country, most infamously in Mike Pence’s Indiana. The Republican House will surely pass it, the Senate will pass it unless it’s filibustered by Democrats, and President-elect Trump has promised to sign it.
If it becomes law, FADA will be the worst thing to happen to women and LGBT people in a generation.

...

...The more important cases are ones like hospitals refusing to treat LGBT people (or their children), pharmacies refusing to fill birth control prescriptions, businesses refusing to offer health benefits to a same-sex partner, and state-funded adoption agencies refusing to place kids with gay families. Underneath the rhetorical BS, that’s what FADA is all about.
First, the bill applies to any corporation, organization, or person who “believes or acts in accordance with a religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman, or that sexual relations are properly reserved to such a marriage.”

...

What does “covered” mean? Essentially, FADA prohibits the federal government from doing anything about any of these acts. Specifically, it lists revoking tax exempt status (as it did for Bob Jones University because of its racist policies, in the case that started the whole “religious freedom” movement) and refusing any federal grant, contract, or certification.
But then the bill adds “otherwise discriminate against such person,” which actually means anything at all, so long as the government is taking some adverse action. (“Person” includes companies and organizations, remember.) For example:
- The current government policy requiring federal contractors – 20% of the entire U.S. workforce – not to discriminate against LGBT people will be immediately revoked. Contractors can legally fire people for being gay (or transgender).
- A governor can order that, in his state, no clerk anywhere may certify a same-sex marriage, and the federal government could do nothing about it.
- If a restaurant or hotel posts a sign saying “NO FAGGOTS ALLOWED,” FADA prohibits the government from “discriminating” against it by initiating an enforcement action under public accommodations laws. Gay couples may be refused hotel rooms anywhere in the country.
- If a company refuses to let a person take time off to take care of her same-sex partner in the hospital, the government cannot pursue any action under relevant employment laws.
- If a state-funded adoption agency refuses to place children with legally married same-sex couples, the government cannot withdraw its contracts with that agency. (This was a key request by Catholic adoption agencies, which receive the bulk of their funding from the government.)
- An employee at the Department of Veterans Affairs could refuse to process a claim for survivor benefits for the same-sex spouse of a service member.
- All schools and universities can discriminate against LGBT people, regardless of Title IX (as long as they link that discrimination to a view about marriage, which is quite easy to do). Universities may turn away gay applicants, deny LGBT clubs, and fire all gay faculty and staff members, with no penalties from the federal government.
- Any hospital may refuse to provide contraception, reproductive health care (including consultations of any kind), or health care of any kind to unmarried people or gay people, and not lose accreditation.
- And yes, however unlikely, your boss could fire you for having (straight) premarital sex, and no federal agency could come after you.

Not only does this Act loom large but Trump has not stood in its way:

NBC News said:
On December 9, Sen. Lee's spokesperson, Conn Carroll, told Buzzfeed the election of Trump had cleared a path for the passage of FADA.

"Hopefully November's results will give us the momentum we need to get this done next year," Carroll said. "We do plan to reintroduce FADA next Congress and we welcome Trump's positive words about the bill."

"During oral arguments in Obergfell, President Obama's solicitor general admitted that if a right to same-sex marriage were created, religious institutions, including many Catholic schools, could have their tax exempt status revoked by the IRS," Carroll told NBC Out on Wednesday. "The First Amendment Defense Act was created to make sure that does not happen."

And from Trump and Pence's own website:

DonaldJTrump.com said:
Religious liberty is enshrined in the First Amendment to the Constitution. It is our first liberty and provides the most important protection in that it protects our right of conscience. Activist judges and executive orders issued by Presidents who have no regard for the Constitution have put these protections in jeopardy. If I am elected president and Congress passes the First Amendment Defense Act, I will sign it to protect the deeply held religious beliefs of Catholics and the beliefs of Americans of all faiths. The Little Sisters of the Poor, or any religious order for that matter, will always have their religious liberty protected on my watch and will not have to face bullying from the government because of their religious beliefs.

Now hopefully at this point many of you not only understand what's at stake but are also interested in how you can support efforts to make sure FADA remains nothing but a dream in the minds of GOP legislators and their supporters.

First is contacting your representatives who you can find through this site:
http://www.house.gov/representatives/find/

Call them and be clear about your stance in support of LGBTQ+ equality and firm opposition to FADA and everything it stands for.

Next is the legal aspect, Lambda Legal , the American Civil Liberties Union and National Center for Lesbian Rights are a few of the organizations that function specificallty for equality and the preservation of civil rights for Americans with Lambda Legal and NCLR both specializing in the fight for LGBTQ+ rights. Donate, share, support, become a member, whatever you are capable of doing goes a long way to assisting these organizations in the battles ahead.

Articles:
Human Rights Campaign
NBC News
Daily Beast
The Mary Sue


Support:
The Indivisible Guide:
To this end, the following chapters offer a step-by-step guide for individuals, groups, and organizations looking to replicate the Tea Party’s success in getting Congress to listen to a small, vocal, dedicated group of constituents. The guide is intended to be equally useful for stiffening Democratic spines and weakening pro-Trump Republican resolve.
Swing Left
This is a new initiative started to help Democrats in 2018 mid-terms.

https://swingleft.org/

https://twitter.com/swingleftorg
This is pretty important, if you want to help fight back against Trump and Republican control of government. It is difficult, but not impossible.
Find Your Reps
Lambda Legal
National Center for Lesbian Rights
ACLU
Human Rights Campaign
Huffington Post
Others you can list in the OP for support:

-Trans Lifeline
-Transgender Law Center
 
Resist others' urge to undermine the danger he can and will do to us. He doesn't care and he never has, and it can very much be argued the people thinking he does are just as dangerous.

This is a fight we must win. How "allies" react to the fight even happening is and will remain telling, as can be seen from the attempts at undermining the threat.
 

Horse Detective

Why the long case?
I wonder if this will have a big effect on state population.

The more extreme this becomes, I just imagine most young people will not live in red states. We've gotten to a point culturally where most people don't seem complacent in staying somewhere non progressive.
 

PBalfredo

Member
Good write up.

The way FADA actually positions itself as saying "Don't discriminate against our discrimination" is fucking crazy.
 

Measley

Junior Member
Uh, Mike Pence is his VP, and by all accounts he's going to have a lot of power in the upcoming administration.

Dark times are ahead for LGBTQs and all minorities.
 

RedHill

Banned
Guys, it is important to pay attention to these things but we need to be realistic or else we are going to point out fingers in the wrong direction and waste our efforts. Trump can NOT repeal marriage equality. It is not possible. Stop spreading misinformation.
 

mreddie

Member
Guys, it is important to pay attention to these things but we need to be realistic or else we are going to point out fingers in the wrong direction and waste our efforts. Trump can NOT repeal marriage equality. It is not possible. Stop spreading misinformation.

Exactly but FADA is gonna open loopholes
 
That law will make it extremely easy to fire trump supporters on a religious basis if its that broad...

If it passes, and it doesn't get struck down by the Supreme Court afterward, it is going to be, quite possibly, the biggest double edge sword possible. It'll be open season on discriminating against LBGTQ, for sure, but it'd really be open season on discriminating against anyone based on your religious beliefs or lack therefore of. I imagine if it actually happens and stays, a lot of happy Christians will be shocked when they are refused service themselves based on 'religious freedoms.' This thing would open a wormhole of problems.
 

Con_Smith

Banned
The worst part about any of this (and trust me it will probably be...trumped...fuck) are the amount of write ups and pieces and data just spilling forth. Much of this could have been argued and debated but because we live in a L&HH style world where pettiness and pointlessness are held to a higher priority than being informed this stuff comes way too late and will only fall to the way side.

The echo chamber for the right is a danger to America. There is no room for like minded individuals to actually discuss intelligent ways to move this country forward and assess the issues we face. Instead pandering to the most vile and growing the seeds of distrust and ignorance on the majority populace in the march for power just emboldens a section of the country that has been left behind with their fingers in their ears while those of us actually growing with the times are yet again left to pay the price.
 
I can honestly see something similar to Don't Ask Don't Tell resurging in the next few years. Trump's choice for Secretary of Defense, while he has experience dealing with military intelligence, is absolutely against the inclusion of LGBTQ+ members in the armed forces and actively argues against the "progressive agenda" that Obama "inflicted" upon the military.

Seems like a reinstiution of DADT would align well with Trump diminishing the power of anti-discrimination laws and Pence's simply awful opinion of LGBTQ+ peoples.

As an openly gay service member myself, I fear I won't have the luxury to call myself that anymore within the next few years so here's hoping I can get my degree before they deny me my GI Bill!
 
Contacting your representatives won't solve anything. Sometimes harder approached need to be considered for the greater good
 
This will never make it past the filibuster, and I can't realistically see them being able to weasel it through via budget reconciliation either.

The bill didn't even make it out of committee the first time they introduced it in 2015 when they had even larger congressional majorities.
 

Geist-

Member
It feels so fucking hopeless right now. All this is telling me is that we're about to enter nightmare territory in terms of civil rights and we have very little power to stop potentially decades worth of damage.

I wish contacting representatives worked, but in a red state, finding a rep who will stand against the party line to fight for civil rights seems very unlikely. At this point, all I can hope for is that the Dems pull off a win in 2018 and regain Congress, but that seems impossible right now.
 

Polari

Member
Barely any of the points from the HRC article actually match the text below or the reality, and are deliberately inflammatory. I'm not saying Trump isn't bad for gay rights, but you weaken your own argument with half-truths and misrepresentations.
 

Beartruck

Member
Who's up in the SCOTUS? Oh right.

America is gonna devolve, and devolve hard. It's always been the case for western nations after recessions.

What a weird argument. Suppose Trump throws a hard right judge in there. Then we've just got Scalia part 2. This stuff didn't fly when Scalia was alive and it won't fly now.
 

RedHill

Banned
I can honestly see something similar to Don't Ask Don't Tell resurging in the next few years. Trump's choice for Secretary of Defense, while he has experience dealing with military intelligence, is absolutely against the inclusion of LGBTQ+ members in the armed forces and actively argues against the "progressive agenda" that Obama "inflicted" upon the military.

Seems like a reinstiution of DADT would align well with Trump diminishing the power of anti-discrimination laws and Pence's simply awful opinion of LGBTQ+ peoples.

As an openly gay service member myself, I fear I won't have the luxury to call myself that anymore within the next few years so here's hoping I can get my degree before they deny me my GI Bill!
It is disgusting that you even have you worry about that. Fuck everyone that supports Trump.
 

RPGCrazied

Member
He never was for LBGT people. Him holding our flag makes my blood boil. He is such a con on everything. And his VP is a snake. He literally wants to shock gay people straight.
 

Ekai

Member
As a trans-individual, I'm more than acutely aware of all of this. I doubt this will change any bigots eyes or the "people" (Trump supporters) on this board *cough**cough* who defend these monsters on LGBT matters.


Others you can list in the OP for support:

-Trans Lifeline
-Transgender Law Center

Hard times are a coming. Was nice to be treated relatively fairly for eight years

I'm still waiting for fair treatment. : /

Good write up.

The way FADA actually positions itself as saying "Don't discriminate against our discrimination" is fucking crazy.

It's ridiculous how much the right-wing hates the first amendment. They don't want anyone besides themselves to have a voice. You "people" are allowed your pigheadd (to put all of this politely) views. We're allowed to call you out for it.
 

Mivey

Member
What a weird argument. Suppose Trump throws a hard right judge in there. Then we've just got Scalia part 2. This stuff didn't fly when Scalia was alive and it won't fly now.
The remaining judges won't live or choose working forever. So especially an 8-year Trump presidency could shape the court for decades.
 
Barely any of the points from the HRC article actually match the text below or the reality, and are deliberately inflammatory. I'm not saying Trump isn't bad for gay rights, but you weaken your own argument with half-truths and misrepresentations.

Yeah, #4 and 5 are really reaching; unnecessary imo. That there happen to be a percentage of lbgt adults that are undocumented, does not really correlate with Trump admin specifically targeting them. C'mon.

I can certainly see the concerns with FADA, however.
 
Trump is still the most pro-gay GOP presidential candidate ever.

FWIW, although I'm sympathetic to certain concerns that animated the creation of the FADA, the law is inartfully drafted and will likely be subject to Supreme Court review and restriction under the Romer v Evans precedent (unless Kennedy or RBG are replaced).

I don't think the current draft of FADA will be able to get 50 votes in the senate before 2018 at least , I'd expect a couple defections from the 52 seat GOP majority in this congress unless amended.
 

RinsFury

Member
Trump is still the most pro-gay GOP presidential candidate ever.

He's a snake oil salesman, anything he says to appear pro-LGBTQ is meaningless when you look at who he has surrounded himself with. His VP is not, the bulk of his administration is not, and it's a sure thing that whichever bigot he elects to the supreme court will not be either.
 
Trump is still the most pro-gay GOP presidential candidate ever.

lol. Still falling for his words. Trump is both for and against every issue. Luckily we can see who he has appointed and who are his advisors on LGBTQ issues, and that pushes to probably the most hostile in modern history.
 

Toth

Member
I can honestly see something similar to Don't Ask Don't Tell resurging in the next few years. Trump's choice for Secretary of Defense, while he has experience dealing with military intelligence, is absolutely against the inclusion of LGBTQ+ members in the armed forces and actively argues against the "progressive agenda" that Obama "inflicted" upon the military.

Seems like a reinstiution of DADT would align well with Trump diminishing the power of anti-discrimination laws and Pence's simply awful opinion of LGBTQ+ peoples.

As an openly gay service member myself, I fear I won't have the luxury to call myself that anymore within the next few years so here's hoping I can get my degree before they deny me my GI Bill!

I still don't understand how being LGBTQ+ has any effect on a soldier or servicemen or women's ability to do their job. Such a non-issue that needs to just die. I am sure you do just as good a job as any 'straight' man and I thank you for it.
 

Ms.Galaxy

Member
As I said since Trump was elected, if you're LGBT and you don't live in a progressive area, now is the time to research and consider moving into a blue sanctuary. It's going to be a rough few decades (Let's not kid ourselves, it's going to take years after Trump to fix this madness).

I still don't understand how being LGBTQ+ has any effect on a soldier or servicemen or women's ability to do their job. Such a non-issue that needs to just die. I am sure you do just as good a job as any 'straight' man and I thank you for it.

Because other soldiers might get uncomfortable or distracted if they find out their comrades are gay because they have to worry about how they might groped or raped in the showers or something like that. I dunno, homophobic logic escapes me.
 
As I said since Trump was elected, if you're LGBT and you don't live in a progressive area, now is the time to research and consider moving into a blue sanctuary. It's going to be a rough few decades (Let's not kid ourselves, it's going to take years after Trump to fix this madness).

Christ the thought of needing a 21st century Underground Railroad to help LGBTQ+ citizens escape homelessness/addiction in red states is legit chilling :(
 

Foffy

Banned
I dare him to do it. People will straight up revolt.

I dunno, dude. People have long normalized social ills and mediocrities.

I wonder what, if anything, will cause a revolt. People are more likely to assimilate to the madness than to call it mad.

Look at how quick people are normalizing neonationalism.
 
Considered this a good a time as any to bump the topic with my discovery of the Indivisible Guide.

And the guide creators themselves best describe it's purpose:

Donald Trump is the biggest popular vote loser in history to ever call himself President- Elect. In spite of the fact that he has no mandate, he will attempt to use his congressional majority to reshape America in his own racist, authoritarian, and corrupt image. If progressives are going to stop this, we must stand indivisibly opposed to Trump and the members of Congress (MoCs) who would do his bidding. Together, we have the power to resist — and we have the power to win.

We know this because we’ve seen it before. The authors of this guide are former congressional staffers who witnessed the rise of the Tea Party. We saw these activists take on a popular president with a mandate for change and a supermajority in Congress. We saw them organize locally and convince their own MoCs to reject President Obama’s agenda. Their ideas were wrong, cruel, and tinged with racism— and they won.

We believe that protecting our values, our neighbors, and ourselves will require mounting a similar resistance to the Trump agenda — but a resistance built on the values of inclusion, tolerance,

and fairness. Trump is not popular. He does not have a mandate. He does not have large congressional majorities. If a small minority in the Tea Party can stop President Obama, then we the majority can stop a petty tyrant named Trump.

To this end, the following chapters offer a step-by-step guide for individuals, groups, and organizations looking to replicate the Tea Party’s success in getting Congress to listen to a small, vocal, dedicated group of constituents. The guide is intended to be equally useful for stiffening Democratic spines and weakening pro-Trump Republican resolve.

We believe that the next four years depend on Americans across the country standing indivisible against the Trump agenda. We believe that buying into false promises or accepting partial concessions will only further empower Trump to victimize us and our neighbors. We hope that this guide will provide those who share that belief useful tools to make Congress listen.

This is a useful tool for those who are eager to help but don't know where to start.
 
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