Nel's New Day

May 7, 2017

DDT’s Executive Order: ‘Religious Bigotry’

Many conservatives are unhappy with the “religious liberty” order that Dictator Donald Trump (DDT) signed last Thursday: they wanted more discrimination. They don’t believe DDT when he declared to dozens of Judeo-Christian leaders in the Rose Garden ceremony that the “threat against the faith community is over.” Instead, they think that his executive order is useless at best and harmful at worst—sort of like most of his other vague orders. In the National Review, David French called the order “constitutionally dubious, dangerously misleading, and ultimately harmful to the very cause that it purports to protect.” He added, “[DDT] should tear it up, not start over, and do the actual real statutory and regulatory work that truly protects religious liberty.” Meaning that it can’t be used for discrimination.

An earlier draft of the order leaked in February was twice the length of the final one and described as “staggering” and “sweeping,” one which could be challenged in the courts. After last week’s signing, the ACLU called it nothing more than an “an elaborate photo-op with no discernible policy outcome.”

Conservative criticisms of DDT’s executive order:

The order’s declaration that the executive branch will “vigorously enforce federal law’s robust protections for religious freedom”: Complaint – the state only repeats that the government should enforce existing laws.

The directive to the Treasury Department to not enforce the so-called Johnson Amendment from 1954 banning nonprofit religious institutions from endorsing political candidates and parties: Complaint – as law, the Amendment requires a change in Congress or the courts. Also, permission to be involved in politics could encourage churches to elect progressive candidates. Orders are good only as long as presidents support them; a future president could reverse the directive.

Instructions to government agencies to “consider issuing amended regulation” to address “conscience-based objections” to ObamaCare’s contraception mandate: Complaint – That’s already happened with the U.S. Supreme Court ruling in favor of Hobby Lobby. The contraception mandate stays on the books, and lawsuits are flooding the courts.

A pledge to “provide regulatory relief”: Complaint – This “promise” is so vague as to mean nothing in law.

Far-right anger to DDT’s executive order:

Brian Brown (left) of the National Organization for Marriage and World Congress for Families denounced the president for his “failure to directly fulfill his repeated campaign promises” and then asked for money.

Bryan Fischer told listeners of his American Family Association radio show that it’s “ultra-liberal” Ivanka Trump’s fault because she “likely leaked the February draft to a liberal rag (The Nation) in order to stir up enough intense outrage from the LGBT community to strangle this baby in the cradle.”

Troy Newman, president of anti-abortion Operation Rescue emailed, “We are really feeling betrayed right now.”

The ACLU may go to court yet. Far-right radio host Todd Starnes reassured his listeners that the order gives anti-LGBTQ, racist Attorney General Jeff Sessions a directive to write—in DDT’s words—“new rules” for the purpose of religious discrimination. A case in point is proposed Texas law echoing one in South Dakota that prevents the state from punishing adoption agencies that deny LGBTQ families services and child placement for “religious” reasons. If it passes, Texas state- and private-funded agencies could reject potential parents seeking to adopt children with such “religious objects” to couples’ being Jewish, Muslim, LGBTQ, single, or interfaith couples. Five other states already have this law, but only for faith-based adoption organizations that do not accept government funding. If the Texas law passes, agencies can also reject people who want to foster children, and child welfare organizations can force LGBTQ children to have so-called “conversion therapy,” to “take away the gay.”

Once again, after losing the voter ID law, Texas could go to court for not treating all people equally. This time, however, they have Jeff Sessions who translates the constitutional separation of church and state as prohibiting the favoring of one Christian church over another. He thinks that the First Amendment does not stop establishing Christianity as the national religion.

Christian protection for conservatives by DDT’s Christian order comes from its encouragement to break the law by telling the IRS to violate the Johnson Amendment and not penalize churches for political candidate endorsements and donations. In more “normal” times, these churches and other faith-based nonprofits can lose their tax-exempt status for endorsing political candidates or donating to their campaigns, but Sessions most likely won’t be doing this. The order, however, exempts only nonprofit religious nonprofits and churches; other nonprofits will still be prohibited from political endorsements and donations.

Federal law also requires that employer-provided insurance plans cover contraceptives at no cost to the employee unless the organizations—or “religious” corporations—obtain government exemptions. Sessions will probably not force this requirement. The IRS is already breaking the law by not collecting fees from people refusing to purchase health insurance. Again the Justice Department, headed by Sessions, is responsible for enacting the laws of the land.

While the media has concentrated on LGBTQ losses, the order and Sessions interpretations could negatively impact at least half the people in the United States . In addition to losing birth control, female employees of all “religious” organizations and corporations could lose all forms of preventative care—screenings for sexually transmitted infection, IV, and domestic violence along with well-woman visits. Any business could refuse to hire women or pay them less, based on its “religious convictions.”

With the wealthiest Cabinet in history, DDT has put the icing on the cake for corporations who joined religious groups in the 1930s to fight President Franklin Roosevelt’s New Deal. For decades, the United States leveled out the financial playing field by developing a middle class that enjoyed the 40-hour workweek, lack of child labor, environmental protection, work safety laws, rural health care, and education. Unions, a safety net, and higher taxes for the wealthiest reigned until corporations used evangelicals as a front to elect Ronald Reagan. Princeton scholar Kevin Kruse has described the corporate historical background in his book One Nation under God as the country continues to be more and more extremist. As Rev. William J. Barber II, creator of Moral Mondays fighting against the immoral political excesses in North Carolina, wrote about DDT’s signing of his executive order:

“If today is the fulfillment of the corporatists’ National Day of Prayer, it may also be its undoing. The God of justice hears the cries of those this executive order targets, along with the prayers of all who suffer under this administration. A religious liberty that gives license for discrimination against women and the LGBTQ community is nothing more than lust for power dressed up in a thinning religious garb. The first 100 days of Trump’s presidency has inspired a moral resistance that is not going away, but is building a movement that will bend the arc of our common life toward justice for years to come. This, too, is an answer to prayer. And it may yet save the heart of our democracy.”

Barber said that the executive order is not about religious liberty. “It’s about religious bigotry.”

Public Citizen, a group that favors strict campaign finance limits, plans to bring a lawsuit against the order in court because churches and other religious charities that do not disclose their donors could be used to launder dark money. Its president said, “This executive order may go down in history as the Citizens United of church/state separation in the context of political spending.” Casey Brescia, a spokesman for the Secular Coalition. “Politicians could funnel untold sums of money into churches, and it would all be completely untraceable.”

DDT may have pleased no one. Even worse for the evangelicals, however, might be a backlash from those who don’t want to hear political speeches in about candidates when they go to their house of worship. The past decade has seen the biggest growth of “nones,” especially those among the younger generation who have no affiliation to organized religion. Almost 30 percent of those who left disapprove of religious homophobia, another 16 percent claim their churches became too political, and 19 percent cited clergy sex abuse scandal in both Catholic and Protestant churches. Ninety percent of evangelical leaders think that pastors should not endorse candidates, and 72 percent support the Johnson Amendment. Even 66 percent of DDT-voters want the amendment left as is. Instead DDT is promoting the controlling authoritarianism of religion that many people—except the white men surrounding him—don’t like.

One piece of temporary joy for the day. Frances’s DDT imitator, Marie Le Pen, lost the election to Emmanuel Macron, despite the last-minute drop of negative information about him for “unknown” (aka Russian?) hackers. As satirist Andy Borowitz wrote, one more reason for the French to declare their superiority over the United States.

May 2, 2017

DDT’s Licence to Discriminate

Filed under: LGBT Issues — trp2011 @ 9:39 PM
Tags: , , , ,

“As your president, I will do everything in my power to protect LGBTQ citizens.” That’s what Dictator Donald Trump (DDT) said at the Republican National Convention almost a year ago. Immediately after DDT’s inauguration, his press secretary said:

“President Donald J. Trump is determined to protect the rights of all Americans, including the LGBTQ community. President Trump continues to be respectful and supportive of LGBTQ rights, just as he was throughout the election.”

In his 15th week in office, DDT plans to sign another executive order, this one removing all rights that he can from LGBTQ people. It is labeled “religious liberty,” the term that allows anyone to discriminate against not only LGBTQ people but also anyone else based on what people call their “religious beliefs.” DDT waited until after his first 100 days in office to make this move. Supposedly his daughter Ivanka Trump and her husband, Jared Kushner, talked DDT out of signing the hateful order in early February, but super-“religions” VP Mike Pence worked with administration officials to “rewrite” the order. New verbiage is very little different from the original, according to people who have seen it. With Pence involved, discrimination is not surprising: when he was governor of Indiana, he signed a “religious freedom” bill that had to be redone because of millions in lost revenue to the state.

The grand signing is scheduled for Thursday, National Prayer Day, in front of a proud Pence and other conservative leaders. The original draft order, leaked on February 1, was highly criticized as government-licensed discrimination and quietly disappeared. Thursday is also the day that Leonard Leo, DDT’s adviser to select Neil Gorsuch for Supreme Court, receives the annual Canterbury Medal from the Becket Fund—a “religious freedom” activist group.

DDT has already shown animosity toward the LGBTQ population through his selection of Cabinet members and other administration leaders. AG Jeff Sessions consistently opposes legal protections for LGBT people and voted against the 2009 Hate Crimes Prevention Act, protections for LGBT survivors of sexual violence under the Violence Against Women Act, and the repeal of the military’s “Don’t Ask, Don’t Tell” policy. He led the support for the amendment to a constitutional amendment that would have kept same-gender couples from marrying. Sessions’ Hate Crime Subcommittee protects people only on the basis of “religious beliefs or background.” Sessions also withdrew the lawsuit against North Carolina over House Bill 2 that included discrimination regarding which bathrooms could be used by transgender people. At the same time, he “persuaded” Secretary of Education Betsy DeVos to revoke early guidance on equal access to facilities for transgender students, stopping lawsuits regarding the rights of transgender students.

Other DDT discrimination against LGBT people:

  • LGBTQ content was removed from White House and Department of State websites on the very first day of Trump’s presidency at the same time that other federal websites kept its content.
  • DDT’s Muslim and refugee ban is a death sentence for many LGBTQ people seeking safety in the United States.
  • DDT’s State Department sent two anti-LGBTQ organizations as the only civil society representatives to the UN annual Commission on the Status of Women (CSW). This UN commission is important to LGBT rights because of its recommendations. Both DDT delegations rely on fake science and fabricated data to support their views.
  •  DDT’s appointment to lead the Office of Civil Rights at the Department of Health and Human Services, Roger Severino, has said that transgender equality is “the radical left using government power to coerce everyone, including children, into pledging allegiance to a radical new gender ideology.”
  • DDT revoked the Fair Pay and Safe Workplaces Act that removed mandates from companies receiving labor contracts that included the removal of LGBTQ rights. Less than two months earlier, the White House had declared that “the executive order signed in 2014, which protects employees from anti-LGBTQ workplace discrimination while working for federal contractors, will remain intact at the direction of President Donald J. Trump.”
  • LGBTQ questions measuring sexual orientation and gender identity disappeared from the upcoming 2020 U.S. Census because, according to the Department of Commerce, there was “no federal data need” to measure numbers of LGBTQ people.
  • DDT nominated for Army Secretary a LGBTQ-hater, Mark Green, who referred to being transgender as a “disease.” If confirmed, Green would replace, Eric Fanning, the first openly gay may to be the Secretary.
  • DDT’s recently hired Department of Agriculture employee James Renne helped orchestrate an anti-LGBT purge of longtime LGBTQ government employees during the George W. Bush presidency.

A leaked copy of an earlier draft executive order, “Establishing a Government-Wide Initiative to Respect Religious Freedom,” may be similar—if not as bad as—the order to be revealed later this week. The four-page draft covers “any organization, including closely held for-profit corporations” and protects “religious freedom” in every walk of life: “when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts; or otherwise participating in the marketplace, the public square, or interfacing with Federal, State or local governments.” It creates wholesale exemptions for people and organizations who claim religious or moral objections to same-sex marriage, premarital sex, abortion, and trans identity as well as curtailing women’s access to contraception and abortion through the Affordable Care Act.

Language specifically protects the tax-exempt status of any organization that “believes, speaks, or acts (or declines to act) in accordance with the belief that marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved for such a marriage, male and female and their equivalents refer to an individual’s immutable biological sex as objectively determined by anatomy, physiology, or genetics at or before birth, and that human life begins at conception and merits protection at all stages of life.” To summarize, the February order said that “Americans and their religious organizations will not be coerced by the Federal Government into participating in activities that violate their conscience.”

The definition of “religious exercise” extends to “any act or refusal to act that is motivated by a sincerely held religious belief, whether or not the act is required or compelled by, or central to, a system of religious belief.” It lists specific beliefs and gives governmental protection to those who have those beliefs. The language seems similar to last year’s law from Mississippi, declared in violation of both the Establishment Clause and the Equal Protection Clause. The original draft exempted people or organizations from complying with the Affordable Care Act’s preventative-care mandate that includes contraceptive coverage and require insurance not be required to cover abortion or “subsidize[s] plans that do provide such coverage.” The government could also not take action against federally funded child-welfare organizations, such as those providing foster, adoption, or family support services, if they deny services based on “the organization’s religious beliefs.” The order would allow federally-funded organizations to refuse services to LGBTQ people to the point of removing children from their homes.

The ACLU is prepared to sue whenever DDT signs the order. His mandate violates federal law and the Establishment Clause of the First Amendment to the Constitution as well as licensing individuals and private parties to violate federal law. In addition, it could violate the 1st Amendment regarding religion and state. Such an order uses a set of beliefs about sexual orientation and gender identity to control everyone.

As Nico Lang wrote about the upcoming order:

“LGBT people, for lack of a better word, would be screwed. This order, if it were to be signed, would allow employers to fire workers on the basis of their sexual orientation or gender identity, permit doctors to deny life-saving services to trans people, and enable landlords to refuse housing to same-sex couples. It would realize the worst fears of the LGBT community by relegating us to second-class citizens.”

Conclusions: DDT never keeps his promise unless it gets him money or good press, and one of his basic goals is to overturn anything that President Obama did. Fourteen percent of LGBTQ people—mostly gay white men—voted for DDT because they love guns and hate minorities. We’ll see if DDT keeps their loyalty after he signs the order.

AGR Daily News Service

Transformational Change; What Works For Seven Future Generations Without Causing Harm?

JONATHAN TURLEY

Res ipsa loquitur ("The thing itself speaks")

Jennifer Hofmann

Inspiration for soul-divers, seekers, and adventurers.

Occupy Democrats

Progressive political commentary/book reviews for youth and adults

V e t P o l i t i c s

politics from a liberal veteran's perspective

Margaret and Helen

Best Friends for Sixty Years and Counting...

GLBT News

Official news outlet for the Gay, Lesbian, Bisexual, and Transgender Round Table of ALA

The Extinction Protocol

Geologic and Earthchange News events

Central Oregon Coast NOW

The Central Oregon Coast Chapter of the National Organization for Women (NOW)

Social Justice For All

Working towards global equity and equality

Over the Rainbow Books

A Book List from Gay, Lesbian, Bisexual, and Transgender Round Table of the American Library Association

The WordPress.com Blog

The latest news on WordPress.com and the WordPress community.

%d bloggers like this: