Breitbart.com editor-at-large Ben Shapiro accused the Supreme Court of engaging in judicial activism in order to promote marriage equality and gay rights, suggesting that the Court wrongly struck down laws criminalizing "anal penetration" in its 2003 decision Lawrence v. Texas.
In an October 6 article for Breitbart.com, Shapiro condemned the Supreme Court's refusal to take on the appeal of several cases challenging state bans on same-sex marriage. He suggested that the Court's refusal encourages "low-level courts to continue knocking down traditional marriage laws across the country."
Shapiro compared the Supreme Court's handling of marriage equality to its handling of state laws criminalizing gay sex, including its 2003 decision in Lawrence v. Texas, which struck down state anti-sodomy laws across the country:
The Court clearly wants to wait until a majority of states have been forced to embrace same-sex marriage by lower-level appeals courts. Then they can determine that a "trend-line" has been established, suggest that society has "evolved," and declare that a new standard must be enshrined. That, of course, was the logic of Lawrence v. Texas (2003), in which the Court waited 17 years to overrule Bowers v. Hardwick (1986), stating that anal penetration was a hard-fought Constitutional right; the Court in that case stated that Bowers no longer applied because of "an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex." Justice Scalia rightly pointed out that the Court's statement was false - the state, he explained, still regulates "prostitution, adult incest, adultery, obscenity, and child pornography." And Scalia also pointed out that "Constitutional entitlements do not spring into existence because some States choose to lessen or eliminate criminal sanctions on certain behavior." [emphasis added]
On MSNBC, a transgender student described the pain caused by right-wing misinformation about a policy that could allow athletes to participate on the team that corresponds with their gender identity.
During the October 2 edition of MSNBC's NewsNation with Tamron Hall, guest host Richard Lui led a segment on the Minnesota State High School League's consideration of a proposed participation policy for transgender student athletes. The proposal, which has since been temporarily tabled, would potentially allow student athletes to play on the sports team that matches their gender identity.
The segment featured OutFront Minnesota Executive Director Monica Meyer and Zeam Porter, a transgender student athlete who delivered an emotional speech during a public hearing about the proposal. When asked about the hearing, Porter described the difficulty of being exposed to misinformation about transgender students, including a misleading, transphobic ad published in Minnesota's Star Tribune:
PORTER: It was really hard to be in that space. I took away that there are a lot of people who purposely give misinformation and don't value me as a human, much less as a student or as an athlete... Being in that space yesterday was really hard.
PORTER: Other trans students have come to me and said that "I feel scared to pick up a newspaper now because I'm scared of seeing harassment. I'm scared of seeing discrimination. It's like I can't escape it, not on the court, not in the classroom, not even reading a newspaper I can't escape this discrimination. I can't escape misinformation and lies told about me." So it was really hard to hear that from other students because I'm not the only one going through this.
Two prominent LGBT groups are urging journalists to stop conflating religious belief with anti-LGBT attitudes in their coverage of the upcoming midterm elections, pointing to the dramatic rise in support for LGBT equality in communities of faith across the country.
On September 29, GLAAD and the Human Rights Campaign released a resource guide for journalists covering the 2014 midterm elections. The guide, Faith, LGBT People, & The Midterm Elections, is aimed at helping journalists "challenge anti-LGBT talking heads who mask bias as a 'tenet of faith'" by highlighting growing support for LGBT equality in religious communities. According to the resource guide:
For decades, entire denominations, networks of churches, and Biblical and Talmudic scholars have been making a robust case that scripture actually embraces full and complete LGBT lives. In 2012 Christian and Jewish communities of faith spoke out for marriage equality in record numbers in Washington, Maine, Maryland, and Minnesota. Likewise, the United Church of Christ has led a coalition of organizations that have sued North Carolina over its ban on marriage equality on first amendment grounds. And in Houston, Lutheran and Metropolitan Community Churches hosted and organized the effort to pass the Houston Equal Rights Ordinance. Even respected evangelical Bible scholars like Dr. James Brown and Dr. David Gushee have been encouraging evangelicals to rethink their reading of Scripture on LGBT issues while Catholics for Marriage Equality refuse to abandon their LGBT sons and daughters and the faith they love. These pro-equality voices of faith matter, and they aren't getting the media attention they deserve.
Instead of highlighting religious support for LGBT equality, media outlets tend to rely on the voices of some of the most extreme voices of anti-gay conservatism, treating them as broadly representative of religious voters. Nowhere was this more apparent than during the run-up to the 2012 presidential election, when even mainstream news networks relied heavily on commentators like Tony Perkins - president of the anti-gay hate group the Family Research Council - to speak on behalf of religious voters:
Conservatives routinely attack LGBT non-discrimination laws as unnecessary, burdensome and threatening to religious liberty. But in state after state and city after city, their horror stories haven't come true.
Federal law still doesn't prohibit discrimination against LGBT people in private employment, housing, or public accommodations, despite widespread public support for such protections.
As a result, many city and state governments have taken to adopting their own non-discrimination measures. In March, Maryland banned discrimination on the basis of gender identity. Since then, cities like Houston, Fayetteville, and Roland Park have similarly extended existing non-discrimination protections to their LGBT residents.
Debates about local non-discrimination laws are routinely hijacked by conservative activists and media outlets that warn that protecting LGBT people is unnecessary, burdensome, and threatening to religious liberty.
Here are the five most common right-wing talking points about LGBT non-discrimination laws, debunked:
Fox News hero and prominent Texas conservative Dr. Steven Hotze warned supporters during a conference call that gay activists want to overturn laws prohibiting pedophilia, calling gay people "perverted and deviant."
On September 10, Conservative Republicans of Texas leader Steven Hotze held a "Marriage Battle Plan" conference call with supporters, aimed at laying out a "battle plan" for combating "pro-homosexual rhetoric and propaganda" in federal courts. The call, which also featured Texas GOP chairman candidate Jared Woodfill, was pitched as "a meeting that liberals will be talking about for years."
A Breitbart.com columnist launched a transphobic attack on transgender former Army Private Chelsea Manning, calling her a "traitorous transsexual" and asking if the government had "cut it off yet."
In a September 16 column for Breitbart London, columnist Milo Yiannopoulos attacked Manning - who was convicted in 2013 of leaking classified documents to Wikileaks - for publishing an op-ed in The Guardian about the Islamic State (ISIS or ISIL). Yiannopoulos repeatedly misgendered Manning, asking if the government had "cut it off yet" - referring to Manning's genitalia:
Have they cut it off yet? The penis attached to traitorous transsexual Chelsea Manning, I mean. How else to explain the level of feverish disturbance necessary for the former Private Bradley to pen an op-ed saying we should "let ISIS succeed" in its mission to destroy half the Middle East, murdering, raping and torturing anyone in its way.
Manning, is of course, suffering from a lamentable psychiatric disorder. Normally, we help people like that by giving them access to doctors and drugs.
I don't believe everything the government tells me, and I know it snoops on me more than it should, but do I trust the NSA more than I trust a loopy alleged rapist, Putin's bitch or a psychologically fragile, gender-bending convicted traitor? You bet I do. [emphasis added]
Yiannopoulos also linked to a personal blog post in which he called "transgenderism" a "disease" and suggested that some transgender women are just "marginalised, lonely" gay men crying for help.
It goes without saying that Yiannopoulos' transphobic screed contradicts expert consensus, which has acknowledged transgender identities as "part of the human condition." He relies on the discredited work of former Johns Hopkins Hospital psychiatrist Paul McHugh, ignoring current professional medical recommendations about the transgender community.
Pseudoscience aside, though, Yiannopoulos' column is a stark example of the kind of gratuitous hate speech Breitbart.com is willing to publish. Manning's Guardian op-ed had nothing to do with being transgender, but Breitbart couldn't pass up another opportunity to depict transgender people as unstable or deviant.
An article published in WorldNetDaily blames the acceptance of homosexuality for creating a "slippery slope" to the popularization of incest, citing the popular HBO series Game Of Thrones as evidence.
In a July 23 post titled "Next Stop On Slippery Slope: Incest," notorious anti-LGBT activist Michael Brown warned that the acceptance of homosexuality had created a "slippery slope" towards "sexual anarchy" and the normalization of incest:
Gay activists constantly tell us that there's no such thing as a slippery moral slope and that the acceptance of homosexuality will not lead to the acceptance of other sexual practices, such as incest. The facts prove otherwise, and it is clear that we are rapidly sliding down the very slope whose existence they deny.
As I continually chart our society's moral free fall, the term that best describes our current condition is sexual anarchy, where men can have sex with men just as well with women, where sex outside of wedlock is just as acceptable as sex within wedlock, where marriage doesn't necessarily mean monogamy and where longstanding social taboos are cast off.
In their zeal to justify homosexual practice, these misguided teachers have opened the door wide to incest as well, removing the primary biblical texts that prohibit these sexual unions.
Society as a whole needs to take heed as well. If we don't reverse our slide down this slippery moral slope, we will soon crash and burn.
Fox News correspondent Todd Starnes attacked an executive order prohibiting federal contractors from discriminating against LGBT employees, accusing the Obama administration of being "hell-bent on forcing Christians to assimilate to the militant LGBT agenda."
On July 21, President Obama signed an executive order prohibiting federal contractors from discriminating LGBT employees. The order amends existing non-discrimination executive orders to include sexual orientation and gender identity. As BuzzFeed's Chris Geidner reported, the order "contains no additional religious exemptions ... beyond those already contained in existing executive orders."
Fox's Starnes attacked the executive order in a July 21 post on FoxNews.com, accusing the Obama administration of endangering religious liberty and "bullying religious groups that hold viewpoints it deems inappropriate":
The executive order would prevent Christian and other religious organizations with federal contracts from requiring workers to adhere to the tenets of their religious beliefs. And that includes religious Christian colleges and universities that provide financial aid to students.
"If religious organizations cannot require that their employees conduct themselves in ways consistent with the teachings of their faith - then, essentially, those organizations are unable to operate in accordance with their faith," Peter Sprigg, Senior Fellow for Policy Studies at the Family Research Council, told me.
"The mask is coming off of the homosexual movement's agenda. They really do not believe in religious liberty. They want forced affirmation of homosexual and transgender conduct to trump every other consideration in the workplace - including religious liberty."
The Obama administration seems hell-bent on forcing Christians to assimilate to the militant LGBT agenda. Resistance is futile.
Starnes' commentary is typical of the Fox News personality, who's made a career acting as the network's mouthpiece for some of the country's most extreme anti-LGBT hate groups. The Family Research Council's (FRC) Sprigg, for example, has called for the exporting of gay people out of the U.S. and endorsed the criminalization of homosexuality. Pastor Robert Jeffress, another critic cited in Starnes' post, is notorious for his extreme comments about LGBT people and Muslims.
Starnes' fear-mongering about the executive order's lack of religious exemptions grossly mischaracterizes the scope of the directive, which merely extends existing non-discrimination protections to include LGBT employees of federal contractors. As the New York Times editorial board recently explained:
This is not a question of religious freedom. It is a question of whether to allow religion to be used as an excuse to discriminate in employment against a particular group of people... [T]he presidential order ... would extend those rules to companies that receive federal contracts in states without those kinds of anti-bias laws, protecting millions more people.
Mr. Obama's resolve is being tested. There is no good reason to give religious employers a special privilege to inflict undeserved pain by, for example, refusing to hire someone to work on a government-backed project just because she happens to be a lesbian, or firing a capable employee who marries someone of the same sex.
Fox & Friends continued its bizarre attack on Illinois State University for designating gender-neutral restrooms, but even a group of "Fox fans" didn't seem fazed by the school's attempt to accommodate LGBT students.
Illinois State University recently announced that it would be relabeling several of its single-stall "family" restrooms on campus as "all-gender" restrooms. Though the decision won't alter the functionality of any of the restrooms, the move is meant to accommodate transgender and gender-variant students, who often face harassment and even violence in public restrooms. All-gender restrooms will be identified by a new sign that "will include a symbol of a half of a man and half of a woman."
On July 9, the cast of Fox & Friends mocked the decision, calling the new sign confusing and blaming the change on the "P.C. police."
On July 10, Fox & Friends continued its criticism of the university's decision. Co-host Steve Doocy produced a massive mock-up of an "all-gender" sign and asked a group of "Fox fans" outside the studio what they thought the sign meant.
But none of the fans, including a young boy, seemed to share Doocy's confusion or outrage over the sign:
The hosts of Fox & Friends mocked Illinois State University's decision to accommodate LGBT students by designating certain campus restrooms as gender-neutral.
During the July 9 edition of Fox & Friends, Fox's Heather Nauert reported on Illinois State University's decision to re-label a number of single stall restrooms on campus, designating them "all-gender" restrooms rather than "family" restrooms. The change is expected to affect approximately 10 restrooms and won't affect the functionality of any of the facilities. Designating gender-neutral restrooms on campus is a common practice aimed at accommodating growing populations of transgender and gender-variant students, who often face harassment and even violence in public restrooms.
Nauert, who incorrectly identified the university as Indiana State University, attributed the decision to the "P.C. police." Members of the Fox & Friends crew could be heard laughing throughout the segment, and Nauert concluded by stating "we're all a little confused by it":
Fox & Friends has a habit of ridiculing gender-neutral accommodations as ridiculous or unnecessary. The show has mocked gender-neutral passports, passport applications, college housing policies, student financial aid forms, and marriage licenses. In all of these cases, the changes were minor adjustments made to acknowledge members of the LGBT community. And in all of these cases, Fox & Friends jumped at the opportunity to turn gender-neutral accommodations into an early morning punch lines.