Sen. Jeff Sessions, (R-Ala.) President Donald Trump’s nominee for Attorney General, has offered a glimpse at how the Department of Justice might enforce existing laws related to LGBT rights should Sessions be confirmed.
Sen. Al Franken (D-Minn.), who sits on the Senate Judiciary Committee, sent the AG nominee a questionnaire in which he asked multiple questions probing Sessions’ views on LGBT rights, including the Alabama senator’s support for what Franken calls the “deceptively named” First Amendment Defense Act.
Following Donald Trump’s election, Sens. Mike Lee (R-Utah) and Ted Cruz (R-Texas) promised to reintroduce FADA, which is intended, primarily, to allow individuals — defined broadly to also include religious organizations, churches and even certain corporations — to discriminate against LGBT people if they have religious or moral objections to homosexuality, same-sex marriage, or LGBT rights. A version of FADA was introduced last year, but failed after conservative interest groups pulled their support over a broadly-written amendment that could have allowed discrimination against heterosexual couples. Although a new version of FADA has not been introduced yet during this congressional session, it remains a priority of many social conservatives. On the campaign trail, Trump promised to sign such an act into law should Congress approve it — a promise that remains on his campaign website.
“Some have argued that FADA is necessary to protect pastors, ministers and churches who fear that they’ll be forced to marry gay and lesbian couples,” Franken writes in his questionnaire to Sessions. “But the First Amendment already prevents clergy or churches from being forced to marry a couple if doing so is contrary to their beliefs. It always has. The Supreme Court’s decision in Obergefell v. Hodges, which recognized that same-sex couples have the right to marry in all 50 states, did not change that.
“Why do you believe that a bill like FADA is necessary? And how do you reconcile your support for FADA, which would sanction discrimination against lawfully married gay and lesbian couples, with your claim to ‘understand the demands for justice and fairness made by the LGBT community?'”
Taking issue with Franken’s contention that FADA is “deceptively named,” Sessions responds: “During the oral argument in Obergefell, Justice Alito asked former Solicitor General Donald Verrilli whether a private university or college could lose its tax-exempt status if it opposed same-sex marriage. General Verrilli responded: ‘It’s certainly going to be an issue. I don’t deny that.’ Thus, the purpose of the legislation was to prohibit the federal government from taking discriminatory actions against any person based on their belief or action in accordance with a religious or moral conviction.
“I supported this legislation because I believe that we can, and should, protect the rights of all citizens — including LGBT individuals and those with traditional views of marriage,” adds Sessions. “I do not see freedom as a zero-sum game. I understand the critical and historic role of Department of Justice in upholding our nation’s civil rights laws. If I am fortunate enough to be confirmed as Attorney General, I will enforce those laws to the letter.”
Franken also asks Sessions about several other topics involving the senator’s voting record opposing LGBT rights, and whether he’ll enforce laws intended to protect the LGBT community from discrimination.
Sessions promises that the Department of Justice’s Civil Rights Division will continue to defend the civil rights of all Americans, particularly the most vulnerable, should he be confirmed. In response to a question from Franken regarding past statements refusing to acknowledge the threat posed to the LGBT community by hate crimes, and his opposition to the LGBT-inclusive Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, Sessions insists that he was simply working “based on information available to me at the time,” and promises to “work diligently to ensure that all Americans receive equal protection under our laws.”
Sessions dodges the issue of hate crimes that go underreported, vowing only to “learn more about this issue” while refusing to lobby for changes to federal law that would require state and local law enforcement to report hate crime incidents to the FBI. He also explains his past opposition to reauthorizing the Runaway and Homeless Youth Act by saying: “I was concerned with what I believed to be overly broad and vague language in the bill that could have discriminated against faith-based organizations that help form the fabric of the United States’s social services, and would have undermined the goal of the bill by making it more difficult to protect and provide services for at-risk individuals.”
Knesset Speaker Amir Ohana, the first out gay leader of the Israeli parliament, angered the ultra-Orthodox parties within the conservative Likud-led governing coalition after voting in favor of a civil marriage bill last week.
The proposed bill, which was ultimately defeated, was introduced by the centrist Yesh Atid party, the largest faction in the opposition. It would have established a legal framework for regulating same-sex partnerships in Israel, including a couples registry, eligibility requirements, registration procedures, and mechanisms for dissolving civil marriages.
A federal magistrate judge in Minnesota has refused to approve a Justice Department request to charge journalist Don Lemon in connection with a protest that disrupted a church service in St. Paul earlier this month.
Lemon, an openly gay former CNN anchor, attended the January 18 protest inside Cities Church in St. Paul, where demonstrators confronted church leaders over the role of one of its pastors, David Easterwood, who was reportedly serving as acting field office director for Immigration and Customs Enforcement (ICE) in Minnesota. Lemon said he was present to cover the protest as a journalist and conducted interviews with demonstrators, congregants, and another pastor at the church.
A divided three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that Montgomery County Public Schools did not violate the First Amendment rights of a Christian substitute teacher by requiring her to use transgender students' pronouns in the classroom.
The appeals court affirmed a lower court’s decision dismissing most of the teacher’s claims that the policy violated her free speech and religious rights, and denied her request for an injunction blocking the school district from enforcing it.
Under Montgomery County Public Schools policy, staff are required to address students by the name and pronouns that align with the gender identity they consistently assert at school. Students are not required to change permanent records to receive gender-affirming names or pronouns, and teachers are instructed to "maintain the confidentiality of a student’s transgender status" whenever possible.
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