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1 hour ago @ Equality on Trial - 6/22 open thread · 0 replies · +1 points

Supreme Court Justice Stephen Breyer will retire Thursday 6/30/22, to be replaced by Ketanji Brown Jackson


15 hours ago @ Equality on Trial - 6/22 open thread · 0 replies · +3 points

Democrats unveiling ‘Transgender Bill of Rights’

The proposal would amend the Civil Rights Act of 1964 to explicitly include protections for gender identity and sex characteristics, expand access to gender-affirming care and ban conversion therapy.

It would also require the attorney general to designate a liaison dedicated to overseeing enforcement of civil rights for transgender people and invest in community services to prevent anti-transgender violence.


16 hours ago @ Equality on Trial - 6/22 open thread · 0 replies · +4 points

Jim Obergefell urges Democrats to fight harder after Roe

Q: You’re running for the Ohio House of Representatives in a district that is held by a Republican. How do you think this ruling will mobilize voters?

A: My hope is that it does mobilize people because I look at this decision as the proof of what we have tried to get across to people back in the 2016 presidential elections. I talked about this. Lots of other people talked about this, about the importance of voting and voting for the candidate that most closely matches your values, to make sure that the Supreme Court would be composed of justices who actually reflect our nation the way we look and the values we hold.

Polls show that a majority of Americans support marriage equality. Polls show that a majority of Americans support a woman’s right to an abortion. But we have an extreme right-wing court because people didn’t vote and that allowed an extreme minority to take the White House and to create the Supreme Court that doesn’t reflect us. So my hope is that it is a wake-up moment for a lot of people to realize, “I have got to be involved. I’ve got to be aware of what’s happening and I’ve got to vote in every single election.”


1 day ago @ Equality on Trial - 6/22 open thread · 0 replies · +3 points

Polish court rules that four "LGBT-free zones" must be abolished

A top Polish appeals court ruled on Tuesday that so-called "LGBT-free zones" must be scrapped in four municipalities, a verdict welcomed by activists as a victory for human rights and democracy.

Numerous local authorities in Poland passed resolutions in 2019 declaring themselves free of "LGBT ideology", part of a conflict in the predominantly Catholic country between liberals and religious conservatives, who see the struggle for gay rights as a threat to traditional values.

After a legal challenge from Poland's Human Rights Ombudsman, lower courts ruled that nine such resolutions must be scrapped.

The public prosecutor's office, the ultra-conservative think-tank Ordo Iuris and the municipalities involved then appealed against these verdicts. In the first four cases, the appeals were dismissed on Tuesday.

"Today's decision... is a great victory for democracy, human rights and respect for people," Poland's Campaign Against Homophobia wrote in a social media post.


1 day ago @ Equality on Trial - 6/22 open thread · 3 replies · +7 points

The Supreme Court just threw the idea of settled law out the window

Last week, Trump's three nominees, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, provided the necessary votes to overturn Roe in a 5-4 decision. In doing so, they have forever changed the calculations a judge will consider when contemplating whether to overturn precedent.


1 day ago @ Equality on Trial - 6/22 open thread · 0 replies · +5 points

Turkish opposition party CHP: We support LGBT rights, and we will not hesitate to say it openly

CHP Deputy Chairman Gokce Gokcen sees opposing LGBT as aggression. Gokcen said, "We will not be afraid of a group of hateful aggressors and will not hesitate to tell the truth. Happy Pride Week!"

"LGBTIs, who are discriminated against due to their sexual orientation and gender identities in the world and in Turkey, and cannot access basic human rights and public services, are also faced with increasing cases of physical violence in our country."

"In Turkey, the government actively participates in these hate speeches instead of standing by LGBTIs, who are already discriminated against and fighting hate crimes."

"It is the basic obligation of the state to protect the right to health and education, the right to work, the freedom of expression and association, and the right to protest of all our citizens."

"On the other hand, the Pride Parade and all activities of LGBTI people who want to express their problems and demands, and who want to protect the struggle for equality and dignity, that is, human rights, are systematically prohibited."

"I condemn this hateful political choice in which those who threaten Pride Parade events are protected, and those who exercise their rights face detention, assault and threats."

"Pride marches should not be interfered with, on the contrary, the demands of our citizens should be listened to by all politicians, regardless of their party. I would like to express once again: LGBTI+ rights are human rights."

https://www.habervakti.com/chpli-gokcen-lgbtyi-ku... (Turkish-language story)

1 day ago @ Equality on Trial - 6/22 open thread · 0 replies · +4 points

GOP privately worrying overturning Roe v. Wade could impact midterms: 'This is a losing issue for Republicans,' report says

"This is not a conversation we want to have," Republican strategist John Thomas told Politico. "We want to have a conversation about the economy. We want to have a conversation about Joe Biden, about pretty much anything else besides Roe. This is a losing issue for Republicans."


2 days ago @ Equality on Trial - 6/22 open thread · 1 reply · +8 points

The Supreme Court’s Faux ‘Originalism’

The functional problem with originalism is that it requires a very, very firm grasp of history — a grasp that none of the nine justices, and certainly few of their 20-something law clerks, freshly minted from J.D. programs, possess.

It’s difficult to become an expert in American political, legal or social history. It’s quite easy, though, to cherry-pick historical examples that prop up an end in search of a rationale — which is precisely what the Supreme Court majority did this week, twice.

James Madison, the author of the Bill of Rights, twice introduced state legislation in Virginia that would impose penalties on any individual who “bear[s] a gun out of his inclosed ground, unless whilst performing military duty.”

You read that right. The author of the Second Amendment drafted statewide legislation that was effectively a forerunner to the New York state law that the Supreme Court just struck down.

The court also relied extensively on history to prop up its decision overturning women’s constitutional right to terminate a pregnancy, arguing that “the overwhelming consensus of state laws in effect in 1868,” when the Fourteenth Amendment was ratified, criminalized abortion. This is too clever by half. By the majority’s originalist standard, we should be guided by the prevailing laws and traditions in place when the Constitution was adopted. In the late 18th century, when Congress drafted the Bill of Rights, common law held that abortion was not criminal until the moment of “quickening” — the moment when a woman first felt a fetus move or kick. She alone could attest to the facts. In English and colonial courts, if a woman testified that her fetus had not been quick, she was held harmless of charges. Well into the 19th century, ads for patent abortion medicines ran prominently in newspapers and journals. States began outlawing abortion only in the mid and late 19th century, largely in response to efforts by (male) doctors to de-legitimize midwives and other paraprofessionals. By originalist logic, those laws were unconstitutional and should not be a basis for later interpretation. My point is not that abortion is constitutionally protected because it was a common law right in 1787. Rather, the court’s majority is cherry-picking its history, grasping for any historical example that props up the end it hopes to achieve.

Curiously, in the space of 24 hours, the court’s majority moved the goal posts — 1790s for guns, 1850s or so, for abortion — in determining what historical standard should inform the boundaries of constitutional exegesis.

The broader problem is that originalism essentially requires judges and their law clerks to earn a Ph.D. in American (and probably, as well, early modern English) history. A legal theory constructed on historical foundations doesn’t work if jurists aren’t well-versed in history.

Otherwise, originalism becomes an unserious game of cherry-picking examples — a political outcome in search of a supporting argument.


2 days ago @ Equality on Trial - 6/22 open thread · 0 replies · +2 points

Turkish police break up Istanbul Pride march, detaining dozens

Turkish police on Sunday broke up a banned Pride march in Istanbul, detaining more than 200 demonstrators, organisers said.

Police detained protesters, loading them on to buses. AFP journalists saw four busloads of detained people.

Organisers tweeted that more than 200 Pride participants and LGBTQ activists had been detained and that police had refused detainees access to their lawyers.

AFP [French Press Agency]'s chief photographer Bulent Kilic, who was taken away handcuffed from the back, was released later on Sunday after presenting a statement to the police, his lawyer said.

Hundreds of protesters carrying rainbow flags had pressed ahead with the rally in defiance of police.

"The future is queer," they chanted. "We are here. We are queer. We are not going anywhere."

Kaos GL Association, which campaigns to promote the human rights of LGBTQ people against discrimination, said on Twitter that police had detained 12 other people in the western city of Izmir and that one of them was later released.

Police prevented the press from filming the Istanbul arrests, according to AFP journalists.

Although homosexuality has been legal throughout the period of the modern Turkish republic, LGBTQ individuals say there is regular harassment and abuse.

Istanbul Pride had taken place every year since 2003.

The last march to go ahead without a ban was in 2014 and drew tens of thousands of participants in one of the biggest LGBTQ events in the majority Muslim region.

After 2014, the march was banned each year, officially for security reasons.

In 2020, streaming giant Netflix cancelled the production of a series in Turkey featuring a gay character after failing to obtain government permission for filming.

The same year, French sports brand Decathlon faced boycott calls in Turkey for posting messages of support for LGBTQ people.


3 days ago @ Equality on Trial - 6/22 open thread · 0 replies · +3 points

Joe Biden moves to expand Title IX protections to LGBTQ students

For the first time, the rules would formally protect LGBTQ students under Title IX. Nothing in the 1972 law explicitly addresses the topic, but the new proposal would clarify that the law applies to discrimination based on sexual orientation and gender identity.

It would make clear that “preventing someone from participating in school programs and activities consistent with their gender identity would cause harm in violation of Title IX,” according to the department. More specific rules dealing with the rights of transgender students in school sports will be released later, the department said.

Biden marked the anniversary of Title IX by acknowledging the impact the law has had in advancing equity but acknowledging there was more to do.

“As we look to the next 50 years, I am committed to protecting this progress and working to achieve full equality, inclusion, and dignity for women and girls, LGBTQI+ Americans, all students, and all Americans,” he said in a statement.