Lambda Legal Says "No" To Gorsuch Nomination
( New York, January 31, 2017 ) — Following President Donald J. Trump's nomination of Neil M. Gorsuch, Judge of the U.S. Court of Appeals for the 10th Circuit, to the U.S. Supreme Court today, Lambda Legal took the difficult step of formally opposing his nomination, citing his record of hostility towards LGBT people and other marginalized communities. This is the first time Lambda Legal has opposed a Supreme Court nomination before a confirmation hearing.
In opposing Judge Gorsuch's nomination, Lambda Legal cited his anti-LGBT rulings as well as his record on critical issues like religious exemptions.
"Judge Gorsuch's opinion in the 10th Circuit Hobby Lobby decision is disqualifying," said Rachel B. Tiven, CEO of Lambda Legal. "The Hobby Lobby decision set a terrible and destructive standard for bosses being allowed to meddle in our sex lives and decide whether or not birth control is covered by the employer's insurance plan. In Judge Gorsuch's decision, he calls the inclusion of health coverage that includes birth control — 'complicity…in the wrongdoing of others.' Even the Supreme Court, affirming that case, acknowledged how dangerous this line of thinking is: it creates a nation in which some religions are obliged to follow the law and others are not. Troublingly, Judge Gorsuch does not even see this as a problem.
"We absolutely must not confirm a Supreme Court nominee who has ruled that the religious beliefs of employers can trump the law. It is a short hop from birth control restrictions to restrictions on the intimate relationships and health care needs of LGBT people.
"Through his decisions, Judge Gorsuch has promoted a vision of a society where some religions prevail over others, and are invited to flout the law. Judge Gorsuch's judicial record is hostile toward LGBT people and his nomination to the U.S. Supreme Court is unacceptable—we oppose."
Lambda Legal also cited a troubling ruling from Gorsuch in a recent transgender rights case in Oklahoma.
In several cases, Lambda Legal is fighting for the right of transgender students to use school restrooms that match who they are. The Supreme Court may decide this issue this spring.
Additionally, protections against employment discrimination affecting LGBT people are likely to come before the Court very soon, as cases Lambda Legal has filed on behalf of math teacher Kim Hively and security guard Jameka Evans—both fired for being lesbians—make their way through the federal court system.
"Judge Gorsuch may very well be the decisive vote in these cases and others, and his extreme record suggests he could roll back the tremendous progress our country has made towards recognizing the fundamental rights LGBT people and everyone living with HIV," said Tiven. "While any nominee would be difficult to accept given that this is a seat stolen from a democratically-elected president, we believe that Judge Gorsuch is an especially dangerous jurist to place on the highest court in the land."
Lambda Legal has conducted detailed research on Judge Gorsuch, which is available in full here, and excerpted below. We will be providing questions from the LGBT community for Judge Gorsuch's confirmation hearing, and plan to release further information about this nomination.
Judge Gorsuch on the Record
- Judge Gorsuch joined a 2015 opinion rejecting arguments made by a transgender woman who was incarcerated that the Oklahoma Department of Corrections had violated her constitutional rights by denying her medically necessary hormone treatment and her request to wear feminine clothing.
- Judge Gorsuch has supported religious exemptions from laws based on 'complicity'—the wrongheaded idea that adhering to the law makes the objector complicit in the allegedly sinful conduct of others. He troublingly described the issue in his 10th Circuit Hobby Lobby opinion as follows: 'All of us must answer for ourselves whether and to what degree we are willing to be involved in the wrongdoing of others.'
- Judge Gorsuch has expressed disapproval of civil rights impact litigation, writing in 2005 that "American liberals have become addicted to the courtroom … as the primary means of effecting their social agenda on everything from gay marriage" to other issues. It is telling that Judge Gorsuch saves his criticism for "American liberals," even as the U.S. Supreme Court routinely has heard conservative challenges to constitutionally protected rights.
About Lambda Legal
Lambda Legal is the nation's oldest and largest national legal organization working to achieve full recognition of the rights of lesbians, gay men, bisexuals, transgender people, and everyone living with HIV. Lambda Legal's Fair Courts Project works to advance an independent, diverse, and well-respected judiciary that upholds the constitutional and other legal rights of LGBT people and everybody living with HIV.
NCLR Statement on Trump Decision Regarding LGBT Executive Order
(Washington D.C., January 31, 2017)— Today, the President issued a statement indicating that he will not issue an executive order eliminating existing federal administrative protections for LGBT persons, including those created by President Obama in 2014.
Statement by NCLR Executive Director Kate Kendell, Esq.:
Today's statement says only that President Trump does not intend to take the extreme step of abolishing existing anti-discrimination protections for federal employees and contractors, some of which have been in place for nearly twenty years. That is not a step forward. We remain concerned by reports that the President intends to issue an order creating new religious exemptions that will permit discrimination against LGBT people and others. This is also a distraction from the imminent announcement of a Supreme Court nominee, which is the most important issue for our community. The Senate must reject any nominee who will turn back the clock on our nation's commitment to the equality and freedom of LGBT people, including the fundamental right to marry and to be treated equally to other married couples.
PFLAG National Speaks Out in Unity with Protests
WASHINGTON, DC—PFLAG National—the nation's largest organization uniting families, allies, and people who are lesbian, gay, bisexual, transgender and queer (LGBTQ)—today spoke out in solidarity with all who took action in support of American citizens, residents, and visitors coming to our country:
Said PFLAG National Interim Executive Director Elizabeth Kohm, "Over the weekend, thousands of PFLAG members in communities large and small took to airports, public spaces and their houses of worship to express concern about recent actions taken by the Trump administration, some of which detained U.S. citizens and legal visa-carrying U.S. residents, sending a chilling message to the rest of the world. Our nation's invitation on the Statue of Liberty welcoming even the most marginalized people is not a suggestion; it's a promise we must continue to keep.
Many PFLAG members are people of faith, and no good has ever come when religion is used as a tool to perpetrate divisiveness and harm. PFLAG's values are America's values and principles of fairness, dignity and inclusion have compelled us to join in unity against these executive orders that send a wrong, harmful and dangerous message."
For more information on PFLAG's advocacy work, visit pflag.org/advocacy-101 .
The Human Rights Campaign Opposes the Nomination of Judge Neil Gorsuch to the Supreme Court
WASHINGTON — Today, the Human Rights Campaign (HRC), the nation's largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) civil rights organization, announced its opposition to President Trump's nomination of Judge Neil Gorsuch to the Supreme Court of the United States.
"Never in the history of our movement have we had more at stake as a community, or as a country," said HRC President Chad Griffin. "Since the moment he stepped foot in the Oval Office, President Trump has attacked equality. He has signed executive orders that undermine our country's most cherished values and appointed anti-LGBTQ cabinet nominees who have spent their careers undermining civil rights. And now, he has nominated Judge Gorsuch to the Supreme Court, fulfilling his campaign promise to nominate a justice in the mold of Antonin Scalia, one of the most vehemently anti-LGBTQ justices to ever sit on the court who once went so far as to compare gay people to murderers. The Supreme Court has played a central role in advancing the promise of equality for LGBTQ Americans, and Judge Gorsuch's anti-equality record — from opposing crucial medical treatment for a transgender person to supporting a license to discriminate for private corporations — make him unfit to sit on the nation's highest court. We cannot afford a justice who will roll back our rights, or who will be a rubber stamp for Donald Trump's unconstitutional actions. And America cannot afford to have Judge Gorsuch on the Supreme Court. We oppose this nomination."
Gorsuch has a long and troubling career opposing civil rights, including for LGBTQ people:
Gorsuch called marriage equality part of the liberal social agenda, saying. "American liberals have become addicted to the courtroom… as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide…"
He joined the Tenth Circuit's decision in Hobby Lobby v. Sebelius, which asserted that that some private corporations are "people" under federal law and have a right to deny basic healthcare coverage if it violates their religious belief. This expansive ruling could allow employers to deny transgender employees access to hormone treatment, access to birth control and other crucial health care for LGBTQ people.
Hobby Lobby could have negative long-term consequences beyond health care for the LGBTQ community. There are those who are already trying to use the decision to support discrimination against LGBTQ workers.
In 2015, Gorsuch joined a ruling against a transgender woman who was denied consistent access to hormone therapy while incarcerated. The ruling dismissed the prisoner's claims that the denial of care amounted to cruel and unusual punishment under the U.S. Constitution.
He has advocated for eliminating Chevron deference, a critical administrative law doctrine that allows our federal system of regulations to function, which could result in the significant loss protections for LGBTQ people.
Given this record, HRC has taken the extraordinary step of opposing this Supreme Court nominee prior to his confirmation hearing — a first for the organization. Donald Trump used recommendations from the Heritage Foundation, a staunchly conservative and anti-equality think tank, to create a shortlist of candidates for the seat on the Court — an organization that has fought every LGBTQ equality case that has come before the Supreme Court. Judge Gorsuch's record, coupled with Trump's discriminatory executive actions, his other, troubling appointees, and the campaign promise to appoint a justice in the mold of Antonin Scalia leaves no room for us to doubt that his pick will be negative for the LGBTQ community.
We cannot afford a Supreme Court justice who will be a rubber stamp for Donald Trump's horrific actions. And because so many of the LGBTQ community's hard-fought rights have been secured in the nation's highest court:
Romer v. Evans (1996) which stopped states from forbidding nondiscrimination protections for LGBTQ people
Lawrence v. Texas (2003) invalidated laws criminalizing same-sex relationships
United States v. Windsor (2013) required federal recognition of same-sex marriages
Obergefell v. Hodges (2015) brought nationwide marriage equality to every state
HRC opposes Judge Gorsuch's nomination to the Supreme Court. We have no reason to believe he will be an advocate for LGBTQ Americans, and we urge senators to vote "no."
National LGBTQ Task Force statement on the nomination of Judge Neil Gorsuch to the United States Supreme Court
Washington, DC, January 31, 2017— The National LGBTQ Task Force is making the following statement regarding the nomination by President Donald Trump of Judge Neil Gorsuch to the United States Supreme Court.
"Judge Neil Gorsuch's record reveals a jurist who: believes that bosses should control their employees' private health care decisions; supports the misuse of religion to legalize discrimination; and holds LGBTQ equality with disdain. He is also a darling of those who are vehemently opposed to marriage equality. He seems like someone who aligns perfectly with Donald Trump and Mike Pence's view of the world, but is completely out of touch with the realities of most people's lives," said Rea Carey, Executive Director, National LGBTQ Task Force.
