Trump admin argues transgender workers aren’t protected by civil rights law in new Supreme Court filing

The Trump administration on Friday filed a brief with the Supreme Court arguing that federal civil rights laws do not protect transgender workers.

The filing relates to the case of Aimee Stephens, a transgender woman who was fired as the funeral director of R.G. & G.R. Harris Funeral Homes Inc. in Detroit after she told owner Thomas Rost that she planned to transition from male to female and would be representing herself as a woman while at work.

In March 2018, the 6th Circuit Court of Appeals ruled the funeral home had violated Title VII anti-discrimination laws in the decision, with the court ruling that “discrimination on the basis of transgender and transitioning status is necessarily discrimination on the basis of sex” and therefore protected under Title VII of the Civil Rights Act of 1964.

However, in their court filing submitted Friday, Solicitor General Noel J. Francisco and Department of Justice attorneys argued that the specific Civil Rights Act provision “does not bar discrimination because of transgender status,” meaning the Michigan funeral home was within its right to fire Stephens.

“In 1964, the ordinary public meaning of ‘sex’ was biological sex. It did not encompass transgender status,” the brief reads. “In the particular context of Title VII — legislation originally designed to eliminate employment discrimination against racial and other minorities — it was especially clear that the prohibition on discrimination because of ‘sex’ referred to unequal treatment of men and women in the workplace.”

If the Supreme Court sides with the Trump administration, it would overturn the previous ruling by the 6th Circuit Court of Appeals, and mark a major blow to LGBT rights. 

The move comes hours after the Log Cabin Republicans endorsed President Trump‘s 2020 reelection bid, reversing its decision four years ago when the conservative LGBT organization declined to endorse then-candidate Trump in 2016.  

The group said Friday in its decision that Trump has helped advance LGBT rights through policies seeking to end the spread of HIV/AIDS as well as his push to get other countries to conform to modern human rights standards.

Trump has referred to himself as the “most pro-LGBT presidential nominee in the history of the Republican Party,” but has come under fire for his transgender military ban, which reversed the Obama-era policy of allowing transgender individuals to openly serve in the military.

The ban was formally upheld by the Supreme Court earlier this year after facing multiple legal challenges.

[The Hill]

Trump to nominate anti-abortion, religious rights lawyer for next federal judgeship in St. Louis

The White House on Wednesday announced President Donald Trump’s “intent to nominate” a St. Louis County anti-abortion and religious rights lawyer, Sarah E. Pitlyk, for an open federal judgeship in St. Louis.

As the Post-Dispatch reported last month, Pitlyk is special counsel to the Chicago-based Thomas More Society, a not-for-profit law firm “dedicated to restoring respect in law for life, family, and religious liberty.” At the society, she worked to defeat an “abortion sanctuary city” ordinance in St. Louis, and on “several landmark pro-life and religious liberty cases.” She also worked on contract, employment, and tax cases.

Pitlyk was involved in a dispute over whether a divorced St. Louis County couple’s frozen embryos were property or “unborn children” under Missouri law; a civil lawsuit filed against Planned Parenthood by a man acquitted of a bomb threat charge; and the defense of a man accused in California of making a false exposé claiming Planned Parenthood was selling fetal tissue.

Pitlyk did not return messages seeking comment last month. 

Representatives of U.S. Sen. Josh Hawley and U.S. Sen. Roy Blunt, both Republicans, also did not return messages last month seeking comment. On Twitter, both praisedPitlyk Wednesday.

Pitlyk graduated summa cum laude from Boston College before receiving master’s degrees in philosophy from Georgetown University and in applied biomedical ethics from the Katholieke Universiteit Leuven in Belgium, where she was a Fulbright Scholar, her bio says.

In July, 2012, Pitlyk placed her Missouri bar license on inactive status, saying in a filing that she “was not planning on practicing law for the foreseeable future.” She sought to re-activate the license in February 2013.

Pitlyk worked at the Runnymede Law Group, formed by the last Trump pick for federal judge, Stephen R. Clark, and for Clark and Sauer LLC, a predecessor firm. 

Pitlyk, if confirmed, would replace U.S. District Judge Catherine Perry, who took senior status — a form of semi-retirement in which judges can take a reduced caseload — effective Dec. 31. 

[St. Louis Today]

Doctors Could Refuse to Treat People Based on Race and Age Under Trump’s New Rule

A new Trump administration proposal would change the civil rights rules dictating whether providers must care for patients who are transgender or have had an abortion. News stories have mainly focused on how the proposal might affect LGBTQ rights and abortion rights, but the sweeping proposal has implications for all Americans, because the Department of Health and Human Services seeks to change how far civil rights protections extend and how those protections are enforced.

Roger Severino, the director of the HHS Office for Civil Rights, has been candid about his intentions to overturn an Obama-era rule that prohibited discrimination based on gender identity and termination of a pregnancy. In 2016, while at the conservative Heritage Foundation, he co-authored a paper arguing the restrictions threaten the independence of physicians to follow their religious or moral beliefs. Supporters of the approach say it protects the freedom of conscience, but opponents say it encourages discrimination.

His office unveiled the proposed rule on May 24, when many people were focused on the start of the long Memorial Day holiday weekend.

The rule is the latest Trump administration proposal to strip protections for transgender Americans, coming the same week another directive was proposed by the Department of Housing and Urban Development that would allow homeless shelters to turn away people based on their gender identity.

The public was given 60 days to comment on the HHS proposal. Here’s a rundown of what you need to know about it.

What would this proposal do?

Fundamentally, the proposed rule would overturn a previous rule that forbids health care providers who receive federal funding from discriminating against patients on the basis of their gender identity or whether they have terminated a pregnancy.

The Trump administration proposal would eliminate those protections, enabling providers to deny these groups care or insurance coverage without having to pay a fine or suffer other federal consequences.

That may mean refusing a transgender patient mental health care or gender-confirming surgery. But it may also mean denying patients care that has nothing to do with gender identity, such as a regular office visit for a bad cold or ongoing treatment for chronic conditions like diabetes.

“What it does, from a very practical point of view, is that it empowers bad actors to be bad actors,” Mara Keisling, executive director of the National Center for Transgender Equality, told reporters.

The proposal would also eliminate protections based on sexual orientation and gender identity from several other health care regulations, like non-discrimination guidelines for the health care insurance marketplaces.

Does it affect only LGBTQ people?

The proposal goes beyond removing protections for the LGBTQ community and those who have had an abortion.

It appears to weaken other protections, such as those based on race or age, by limiting who must abide by the rules. The Trump proposal would scrap the Obama-era rule’s broad definition of which providers can be punished by federal health officials for discrimination, a complicated change critics have said could ease requirements for insurance companies, for instance, as well as the agency itself.

And the proposal erases many of the enforcement procedures outlined in the earlier rule, including its explicit ban on intimidation or retaliation. It also delegates to Severino, as the office’s director, full enforcement authority when it comes to things like opening investigations into complaints lodged under the non-discrimination rule.

Why did HHS decide to change the rule?

The Obama and Trump administrations have different opinions about whether a health care provider should be able to refuse service to patients because they are transgender or have had an abortion.

It all goes back to a section in the Affordable Care Act barring discrimination on the basis of race, color, national origin, age, disability or sex. President Barack Obama’s health officials said it is discrimination to treat someone differently based on gender identity or stereotypes.

It was the first time Americans who are transgender were protected from discrimination in health care.

But President Donald Trump’s health officials said that definition of sex discrimination misinterprets civil rights laws, particularly a religious freedom law used to shield providers who object to performing certain procedures, such as abortions, or treating certain patients because they conflict with their religious convictions.

“When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform,” Severino said in a statement. “The American people want vigorous protection of civil rights and faithfulness to the text of the laws passed by their representatives.”

Much of what the Office for Civil Rights has done under Severino’s leadership is to emphasize and strengthen so-called conscience protections for health care providers, many of which existed well before Trump was sworn in. Last year, Severino unveiled a Conscience and Religious Freedom Division, and his office recently finalized another rule detailing those protections and their enforcement.

The office also said the proposed rule would save about $3.6 billion over five years. Most of that would come from eliminating requirements for providers to post notices about discrimination, as well as other measures that cater to those with disabilities and limited English proficiency.

The rule would also save providers money that might instead be spent handling grievances from those no longer protected.

The office “considers this a benefit of the rule,” said Katie Keith, co-founder of Out2Enroll, an organization that helps the LGBTQ community obtain health insurance. “Organizations will have lower labor costs and lower litigation costs because they will no longer have to process grievances or defend against lawsuits brought by transgender people.”

Why does this matter?

Research shows the LGBTQ community faces greater health challenges and higher rates of illness than other groups, making access to equitable treatment in health care all the more important.

Discrimination, from the misuse of pronouns to denials of care, is “commonplace” for transgender patients, according to a 2011 report by advocacy groups. The report found that 28 percent of the 6,450 transgender and gender non-conforming people interviewed said they had experienced verbal harassment in a health care setting, while 19 percent said they had been refused care due to their gender identity.

The report said 28 percent had postponed seeking medical attention when they were sick or injured because of discrimination.

Critics fear the rule would muddy the waters, giving patients less clarity on what is and is not permissible and how to get help when they have been the victims of discrimination.

Jocelyn Samuels, the Obama administration official who oversaw the implementation of the Obama-era rule, said that for now, even though the Trump administration’s HHS will not pursue complaints against those providers, Americans still have the right to challenge this treatment in court. Multiple courts have said the prohibition on sex discrimination includes gender identity.

“The administration should be in the business of expanding access to health care and health coverage,” Samuels told reporters on a conference call after the rule’s release. “And my fear is that this rule does just the opposite.”

[VICE]

Trump admin tells U.S. embassies they can’t fly pride flag on flagpoles

The Trump administration is rejecting requests from U.S. embassies to fly the rainbow pride flag on embassy flagpoles during June, LGBTQ Pride Month, three American diplomats told NBC News.

The U.S. embassies in Israel, Germany, Brazil and Latvia are among those that have requested permission from Trump’s State Department to fly the pride flag on their flagpoles and have been denied, diplomats said.

Although the pride flag can and is being flown elsewhere on embassy grounds, including inside embassies and on exterior walls, the decision not to allow it on the official flagpole stands in contrast to President Donald Trump’s claim to be a leader in supporting LGBTQ rights overseas. Trump’s administration has announced a campaign to decriminalize homosexuality overseas and this month issued a tweet and formal statement to “celebrate LGBT Pride Month and recognize the outstanding contributions LGBT people have made.”

The denials to U.S. embassies have come from the office of the State Department’s undersecretary for management, Brian Bulatao, a longtime associate of Secretary of State Mike Pompeo who also worked for him at the CIA. Under State Department policy, embassies that want to fly the flag on their flagpoles are expected to obtain permission from Washington.

During the Obama administration, the government granted blanket permission to embassies overseas to fly the pride flag during June. This year, U.S. diplomats said, embassies were told they can display the pride flag in other places, including inside embassies, but that requests to fly it on the flagpole must be specifically approved. No approvals have been granted.

The denial to the U.S. Embassy in Berlin is particularly jarring because the ambassador to Germany, Richard Grenell, is spearheading an administration push to end the criminalization of homosexuality in roughly 70 countries that still outlaw it, as NBC News first reported in February. Grenell, the most senior openly gay person in Trump’s administration, has secured support for that campaign from both Trump and Vice President Mike Pence.

“The President’s recognition of Pride Month and his tweet encouraging our decriminalization campaign gives me even more pride to once again march in the Berlin Pride parade, hang a huge banner on the side of the Embassy recognizing our pride, host multiple events at the Embassy and the residence, and fly the gay pride flag,” Grenell said Friday in a statement to NBC News.

Asked specifically whether the embassy will fly the flag on its flagpole outside the building, just steps from the iconic Brandenburg Gate, embassy spokesman Joseph Giordono-Scholz said only: “The pride flag will be on as many places as it can at the Embassy.”

In Germany, pride celebrations continue into the month of July for a European LGBTQ event known as Christopher Street Day that occurs on different days in various parts of Europe.

Numerous embassies are displaying the pride flag this month in other ways, including the U.S. Embassy in Seoul, South Korea, which put up a large rainbow banner on the side of the building. It’s unclear whether other embassies may be flying the flag on their flagpoles without having sought permission from Washington.

The State Department in Washington did not immediately respond to requests for comment, nor did the U.S. embassies in Jerusalem and Brasilia. The U.S. Embassy in Riga, Latvia, referred questions about the flag to the State Department.

The denials by Washington have alarmed U.S. diplomats serving around the world who are LGBTQ, with several raising the issue this week in a private group chat for members of Gays and Lesbians in Foreign Affairs Agencies, known as GLIFAA, several of the group’s members told NBC News. The board of GLIFAA did not respond to a request for comment.

After the publication of this story, the advocacy group GLAAD, tweeted, “Remember last week when President Donald Trump was pretending to celebrate Pride Month?”

Trump’s public declarations of support for LGBTQ rights have been sharply criticized by rights groups who say his record since taking office tells a different story.

Earlier this month, a Trump administration rule took effect barring transgender people who have undergone a gender transition or been diagnosed with gender dysphoria from enlisting in the U.S. military. In the U.K. this week, Trump defended that policy by saying that transgender people “take massive amounts of drugs,” apparently referring to hormones.

His administration has also rolled back Obama administration rules designed to prevent health care discrimination against transgender people. And human rights groups have expressed concern that a new Commission on Unalienable Rights announced by the State Department this month to guide U.S. human rights policy, which emphasizes “our nation’s founding principles of natural law and natural rights,” is designed to de-emphasize efforts to protect LGBTQ people and woman.

The news comes as pride celebrations are set to take place in Washington over the weekend, with WorldPride taking place in the U.S. for the first time this year, throughout June in New York.

[NBC News]

Former DHS officials blocked Trump plan to arrest thousands of migrants before being ousted

Former leaders at the Department of Homeland Security, including then-Homeland Security Secretary Kirstjen Nielsen, pushed back on a White House plan for mass arrests of migrants shortly before their ouster, according to The Washington Post.

The Trump administration had planned to arrest thousands of parents and children in 10 major U.S. cities to deter further migrants, the Post reported, citing seven current and former DHS officials. The plan involved fast-tracking immigration court cases and expanding the government’s authority to deport migrants who did not show for their hearings. Arrests of the no-shows would involve coordinated raids of the homes and neighborhoods of parents with children, according to the Post.

Nielsen and then-acting Director of Immigration and Customs Enforcement (ICE) Ronald Vitiello put a stop to the plan, citing lack of preparation by ICE personnel and public relations concerns, according to the Post.

“There was concern that it was being hastily put together, would be ineffective, and might actually backfire by misdirecting resources away from critical border emergency response operations,” one DHS official told the Post.

Major boosters of the plan within the administration included senior Trump adviser Stephen Miller and Immigration and Customs Enforcement Deputy Director Matthew Albence. The plan, which is reportedly still under consideration, incorporated cities including New York, Chicago and Los Angeles, according to the Post.

The two officials’ pushback was a major factor in their ouster, according to the Post, citing administration officials. When Trump announced the withdrawal of Vitiello’s nomination as ICE director in April, he expressed a desire to go in a “tougher” direction without further elaborating.

“Both he and Nielsen instinctively thought it was bad policy and that the proposal was less than half-baked,” a DHS official told the Post.

The White House did not immediately respond to a request for comment from The Hill.

[The Hill]

Trump poised to roll back transgender health protections


The Trump administration appears ready to roll back health care protections for transgender people, and advocates are gearing up for a fight.

A proposed rule from the Department of Health and Human Services (HHS) that’s expected in the coming days would make it easier for doctors, hospitals and insurance companies to deny care or coverage to transgender patients, as well as women who have had abortions.

Coming on the heels of the military transgender ban, there are fears the administration could go even further and use the proposal as an opportunity to narrow the definition of gender.

The administration hinted in a recent court filing that new health regulations could be published as soon as next week. The rule is expected to weaken or eliminate an anti-discrimination provision enshrined in ObamaCare.

The provision says patients cannot be turned away because they are transgender, nor can they be denied coverage if they need a service that’s related to their transgender status.

Religious providers say they expect the administration’s rule to reinforce their right not to provide treatment that is against their beliefs.

Advocates, meanwhile, say they are concerned that the proposal could jeopardize the gains made in making sure transgender individuals receive equal access to care.

The proposal is “likely to send an even stronger signal that the administration endorses discrimination in health care against transgender people,” said Harper Jean Tobin, director of policy at the National Center for Transgender Equality.

The rule “won’t mean that overnight transgender people can’t get health care, but it will be a steady drip of allowing more discrimination,” Tobin said.

Chase Strangio, an attorney at the American Civil Liberties Union (ACLU), said access to health care can be a life or death circumstance, and the rule could have “catastrophic effects” if it is finalized.

“To have the government take a stand in favor of discrimination is deeply upsetting, ” Strangio said.

Once the proposal is released, a public comment period will follow. After that, a final rule will be issued.

As for what comes next, Strangio said the ACLU has had two years to prepare for that.

“If the final rule looks like the proposal we are anticipating, we and our partners will file suit as soon as possible,” Strangio said. “We can expect many legal challenges to any final rule.”

President Trump repeatedly pledged support for the LGBTQ community on the campaign trail in 2016. But advocates say the president’s words increasingly ring hollow, and his administration has been steadily eroding protections for transgender individuals.

For example, the military’s transgender ban took effect earlier this month, despite objections from advocacy groups and medical experts. And the Supreme Court on Monday said it would hear arguments this year on three cases concerning whether federal law applies to transgender identity.

Additionally, the Justice Department has argued that the main federal civil rights law doesn’t protect employees from discrimination based on gender identity. Former Attorney General Jeff Sessions in 2017 wrote a memo saying the law “does not encompass discrimination based on gender identity per se.”

The existing health care rule was first issued in 2016, six years after the 2010 Affordable Care Act was signed into law. The rule prohibited providers and insurers who receive federal money from denying treatment or coverage to anyone based on sex, gender identity or termination of pregnancy.

It also required doctors and hospitals to provide “medically necessary” services to transgender individuals, as long as those services were the same ones provided to other patients.

That rule was challenged in court by a group of Christian providers called the Franciscan Alliance. They argued the rule forces insurers to pay for abortions and compels doctors to perform gender transition services, even if they disagree with those services on moral or medical grounds.

A federal judge in Texas agreed with that argument, issuing a nationwide injunction in late 2016 that is still in effect. The ruling said Congress had outlawed discrimination based on “the biological differences between males and females” but not transgender status.

The new proposed rule has been under review at the White House Office of Management and Budget for more than a year, something that experts say is highly unusual.

That delay is causing confusion in the health care industry: ObamaCare’s nondiscrimination statute is the law, even if a rule implementing it has been put on hold.

In a court filing earlier this month, the administration said it would be publishing the proposal soon, a move that would likely affect the lawsuit in Texas.

Luke Goodrich, senior counsel with the Becket Fund for Religious Liberty and a lead attorney for the plaintiffs, said providers would be better served by a ruling from the judge. He said they just want to make sure their religious protections are upheld.

Katie Keith, a health care consultant and professor at Georgetown Law, said, “It’s going to be really hard for people to understand their rights in health care” while the confusion continues.

Tobin, of the National Center for Transgender Equality, said the uncertainty is having a harmful effect.

“At a time when the administration is trying to overturn the entire Affordable Care Act, at a time when the transgender ban in military is taking effect, transgender people are scared for their ability to get the health care they need, and that their providers know they need,” Tobin said.

Goodrich argues that providers won’t turn away patients just because they are transgender, so long as the doctors aren’t giving transition-related care or “being pressured to perform abortions.”

He said the plaintiffs have been treating transgender people for years and “won’t stop doing that, because they provide care for everyone. That’s not what the lawsuit is about in our view.”

Transgender advocates are concerned the administration will use the lawsuit as an excuse to redefine gender.

The New York Times last year reported that HHS proposed in a memo that government agencies adopt a narrower definition of gender in a way that would essentially end federal recognition of transgender individuals.

No rules have been issued, but advocates say administration officials have been telegraphing their views.

The HHS memo is a “blueprint” for discrimination, and the nondiscrimination proposal is a major part of it, Tobin said.

[The Hill]

Federal judge halts Trump attempt to discharge service members deemed ‘unfit’ only because they are HIV-positive

A federal judge has issued a ruling from the bench halting the Trump administration’s attempts to discharge service members merely due to their HIV-positive status. The order goes into effect immediately for the U.S. Air Force after two airmen sued Acting Secretary of Defense Patrick Shanahan.

“The two Airmen serving as plaintiffs, who filed pseudonymously, were given discharge orders at the end of last year after being found ‘unfit for continued military service’ despite compliance with medical treatment and physical fitness requirements,” Lambda Legal announced Friday.

The lawsuit was filed by Lambda Legal and OutServe-SLDN, with partner law firm Winston & Strawn.

“These decisions should be based on science, not stigma, as today’s ruling from the bench demonstrates,” Lambda Legal’s Scott Schoettes said, calling the judge’s decision, ” a major victory.”

Equality Cases Files published a copy of the ruling here.

[Raw Story]

Trump targeting birthright citizenship with executive order

President Trump plans to sign an executive order that would remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil, he said yesterday in an exclusive interview for “Axios on HBO,” a new four-part documentary news series debuting on HBO this Sunday at 6:30 p.m. ET/PT.

Why it matters: This would be the most dramatic move yet in Trump’s hardline immigration campaign, this time targeting “anchor babies” and “chain migration.” And it will set off another stand-off with the courts, as Trump’s power to do this through executive action is debatable to say the least.

Trump told “Axios on HBO” that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly controversial move, which certainly will face legal challenges.

  • “It was always told to me that you needed a constitutional amendment. Guess what? You don’t,” Trump said, declaring he can do it by executive order.
  • When told that’s very much in dispute, Trump replied: “You can definitely do it with an Act of Congress. But now they’re saying I can do it just with an executive order.”
  • “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States … with all of those benefits,” Trump continued. “It’s ridiculous. It’s ridiculous. And it has to end.” (More than 30 countries, most in the Western Hemisphere, provide birthright citizenship.)
  • “It’s in the process. It’ll happen … with an executive order.”

The president expressed surprise that “Axios on HBO” knew about his secret plan: “I didn’t think anybody knew that but me. I thought I was the only one. “

  • Behind the scenes: “Axios on HBO” had been working for weeks on a story on Trump’s plans for birthright citizenship, based on conversations with several sources, including one close to the White House Counsel’s office.

The legal challenges would force the courts to decide on a constitutional debate over the 14th Amendment, which says:

  • “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Be smart: Few immigration and constitutional scholars believe it is within the president’s power to change birthright citizenship, former U.S. Citizenship and Immigration Services chief counsel Lynden Melmed tells Axios.

  • But some conservatives have argued that the 14th Amendment was only intended to provide citizenship to children born in the U.S. to lawful permanent residents — not to unauthorized immigrants or those on temporary visas.
  • John Eastman, a constitutional scholar and director of Chapman University’s Center for Constitutional Jurisprudence, told “Axios on HBO” that the Constitution has been misapplied over the past 40 or so years. He says the line “subject to the jurisdiction thereof” originally referred to people with full, political allegiance to the U.S. — green card holders and citizens.

Michael Anton, a former national security official in the Trump administration, recently took up this argument in the Washington Post.

  • Anton said that Trump could, via executive order, “specify to federal agencies that the children of noncitizens are not citizens” simply because they were born on U.S. soil. (It’s not yet clear whether Trump will take this maximalist argument, though his previous rhetoric suggests there’s a good chance.)
  • But others — such as Judge James C. Ho, who was appointed by Trump to Fifth Circuit Court of Appeals, in New Orleans — say the line in the amendment refers to the legal obligation to follow U.S. laws, which applies to all foreign visitors (except diplomats) and immigrants. He has written that changing how the 14th Amendment is applied would be “unconstitutional.”

Between the lines: Until the 1960s, the 14th Amendment was never applied to undocumented or temporary immigrants, Eastman said.

  • Between 1980 and 2006, the number of births to unauthorized immigrants — which opponents of birthright citizenship call “anchor babies” — skyrocketed to a peak of 370,000, according to a 2016 study by Pew Research. It then declined slightly during and following the Great Recession.
  • The Supreme Court has already ruled that children born to immigrants who are legal permanent residents have citizenship. But those who claim the 14th Amendment should not apply to everyone point to the fact that there has been no ruling on a case specifically involving undocumented immigrants or those with temporary legal status.

The bottom line: If Trump follows through on the executive order, “the courts would have to weigh in in a way they haven’t,” Eastman said.

[Axios]

Reality

Fact is Republicans and Fox News have long targeted only Hispanic or Asian “anchor babies” claiming they were a national security threat. (cough) (cough) racism (cough) (cough)

The Trump administration’s flawed argument is over the line in Section 1 of the 14th Amendment, “subject to the jurisdiction thereof” claiming it only referred to people with full, political allegiance to the U.S., such as citizens or green card holders.

The problem with this thinking is the writings of the authors of the 14th amendment clearly show the line in the amendment refers to the legal obligation to follow U.S. laws within the U.S. border.

Finally, you can’t change the Constitution with an executive order. Can’t happen.

All Trump is doing is riling up his insanely racist base, who are trained by Republican news to fear all foreigners, to show up at the polls one week away.

Media

The Trump administration reportedly wants the government to revoke civil rights protections from transgender people

The Trump administration is weighing making its biggest attack on transgender rights yet in a maneuver that would strip federal recognition of the gender identity of some 1.4 million Americans — and require genetic testing in some cases to match a person’s gender with the sex they were assigned at birth.

Erica Green, Katie Benner, and Robert Pear of the New York Times reported on Sunday that the Department of Health and Human Services is floating a memo that would establish the legal definition of sex under Title IX — the federal civil rights law that bans discrimination in education on the basis of gender — that would render immutable the sex of a person at birth. In other words, the government would not recognize a person’s gender other than the one based on their genitalia when they’re born.

Per the Times:

The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined “on a biological basis that is clear, grounded in science, objective and administrable.” The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. Any dispute about one’s sex would have to be clarified using genetic testing.

According to the Times, it would “eradicate federal recognition” of some 1.4 million transgender Americans.

HHS is preparing to formally present the new definition to the Justice Department before the end of the year, and if the department decides the change is legal, it could be enforced across Title IX laws and government agencies, including the Departments of Education, Justice, Health and Human Services, and Labor.

The effects could be far-reaching — it could impact which locker rooms and bathrooms transgender students could use as well as which sports teams students join or what happens to single-sex classes, the Times points out. If enacted, it could even require some people to produce DNA tests as part of their educational experience — an unprecedented step to enforce a biological definition of gender.

The Trump administration has been terrible on transgender rights

The Obama administration worked to advance transgender rights and loosen federal regulations to allow for more gender fluidity including defining gender identity as protected by Title IX. President Donald Trump and his administration have taken steps to reverse that.

Soon after taking office, the Trump administration sent out a letter officially revoking Obama-era guidance on protecting trans students in federally funded schools, saying it was federal overreach. Trump has sought to ban transgender people from serving in the military, rescinded a memo protecting trans workers, and stripped protections for trans prisoners. It has also worsened protections for transgender people in health care.

Trump on the campaign trail said he would embrace LGBTQ people and said he would “fight” for them while Hillary Clinton would bring in “more people that will threaten your freedoms and believes.” But as Vox’s German Lopez pointed out, he’s done quite the opposite:

As president, Trump has acted more or less how you would expect a typical anti-LGBTQ Republican to act. Maybe that reflects his own opinions. Maybe it reflects the views of the people he’s surrounded himself with in his administration, including Vice President Mike Pence and Attorney General Jeff Sessions, both of whom have very long histories of anti-LGBTQ causes.

This new assault on transgender people — and one that includes genetic testing — is just the latest chapter.

[Vox

]

Trump suggests support for family separations, after earlier practice caused outcry

President Donald Trump suggested on Saturday that he believes the controversial policy of family separations could continue in the United States and that the practice could dissuade immigrants from entering the country illegally.

Trump’s comments come on the heels of a Friday report in The Washington Post that the White House is actively considering plans that could again separate parents and children at the U.S.-Mexico border.

The newspaper, which cited several administration officials it did not name, reported that one option under consideration would detain asylum-seeking families together for up to 20 days and then give parents a choice of staying in family detention with their child as their immigration cases proceed or allowing children to be taken to a government shelter so other relatives or guardians could seek custody.

“We’re looking at a lot of different things having to do with illegal immigration,” Trump told reporters on the South Lawn of the White House.

“I will say this: If they feel there will be separation, they don’t come,” Trump said.

The practice of separating children from their parents at the border ignited a firestorm of criticism. Under pressure, Trump in June signed an executive order that said he said would end the practice and allow families to be detained together.

At least 2,600 children were separated from their parents under the Trump administration’s “zero tolerance” policy that called for prosecuting everyone who entered the country illegally. A federal judge ordered families to be reunified, and in September the government reported it had reunified or released 2,251 children.

The policy, in effect from May 6 through June 20, did not put a significant dent in the number of families crossing the border, according to data from U.S. Customs and Border Protection.

Trump has made illegal immigration a centerpiece of his campaign and presidency. On Saturday he insisted he wants workers to come into the country but repeated his refrain that he wants a “merit-based” immigration system and that he opposes the current lottery system.

A bill proposed by Republicans in August would halve the number of legal immigrants allowed into the United States while moving to a “merit-based” system of entry. Trump has said he supports that bill.

[NBC News]

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