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  • These are the LGBTQ-related cases the Supreme Court could take up this term

    The Trump-Pence administration asked the Supreme Court to review trans military ban cases. There are several other LGBTQ-related cases it could decide to take up this session.

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    The Trump-Pence administration has once again asked the Supreme Court to take up one of its policy priorities and bypass lower courts in what has been called an “unusual” move -- this time, to expedite a ruling on its proposed policy banning openly transgender service members from serving in the military. And that’s just one of several LGBTQ-related cases the Supreme Court could hear this session, with other topics including employment discrimination, trans-inclusive school facilities, and religious exemptions for businesses. Extreme anti-LGBTQ group Alliance Defending Freedom has connections to several of those cases.

    Though there has been media coverage of the trans military ban cases, several other important cases that may reach the high court fly under the media’s radar. Here's a look at LGBTQ-related cases that may be heard by the Supreme Court this term:

    Trans military ban

    Employment discrimination under Title VII

    Religious exemptions for businesses

    Trans-inclusive school facilities

    Trans military ban

    In July 2017, Trump announced on Twitter that he planned to ban transgender people from serving in the military, reversing a 2016 policy change by the Obama administration that allowed trans people to serve openly. In March, the Trump-Pence administration released its official policy. In developing the plan, the administration reportedly relied on a panel of “experts” that included the vehemently anti-trans activist Ryan T. Anderson and Tony Perkins, president of the extreme anti-LGBTQ group Family Research Council. There have been four lawsuits filed against the ban, and according to CNN, “District courts across the country have so far blocked the policy from going into effect. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.”

    The Department of Justice (DOJ) has asked the Supreme Court to review three of the cases, bypassing lower courts: Doe v. Trump, Stockman v. Trump, and Karnoski v. Trump. According to The Advocate, Doe “is pending before the U.S. Court of Appeals for the District of Columbia Circuit," and the other two are pending before the 9th Circuit. Neither appeals court has ruled on any of these cases, but the 9th Circuit has heard arguments in one challenge already.

    The Guardian reported that the Trump-Pence administration’s request “is the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, which has a conservative majority, to weigh in quickly on a divisive issue.” The New York Times noted that the DOJ’s request for the Supreme Court to review the issue is unusual, as it “does not ordinarily intercede until at least one appeals court has considered an issue, and it typically awaits a disagreement among appeals courts before adding a case to its docket.” According to the Supreme Court’s rules, it should take up an issue “only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this court.”

    Speaking to The Washington Post, several lawyers challenging the ban have “said there is no reason for the court to abandon its usual policy,” and according to The Daily Beast, if the Supreme Court does review the issue, it “would theoretically only be considering whether or not to lift the injunctions that have been placed on the rollout of the transgender troop ban” while the lower courts continue to debate the legality of the ban itself. However, there is also a chance that the high court could find a way to rule directly on the ban’s constitutionality.

    Employment discrimination under Title VII

    There are three cases that the Supreme Court could take up involving interpretations of workplace protections under Title VII of the 1964 Civil Rights Act, which “prohibits employment discrimination based on race, color, religion, sex and national origin.”

    The primary debate around Title VII involves whether protections from sex discrimination also encompass sexual orientation and gender identity, particularly as the Supreme Court has already ruled that employers cannot discriminate based on gender stereotypes. In May 2017, Congress introduced the Equality Act, a bill that would explicitly add sexual orientation and gender identity to existing civil rights laws, including the Civil Rights Act.

    In October 2017, the DOJ issued a memo that said (emphasis original), "Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status." Of the three Title VII cases that the Supreme Court might take up, one involves a trans woman who was fired for her gender identity, and the other two involve men who were fired for their sexual orientation.

    The first case, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, involves a transgender woman named Aimee Stephens, a funeral director who was fired after coming out to her longtime employer. The 6th U.S. Circuit Court of Appeals ruled in her favor based on Title VII protections, saying, “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex” and that “discrimination ‘because of sex’ inherently includes discrimination against employees because of a change in their sex.”

    The influential and extreme anti-LGBTQ group Alliance Defending Freedom (ADF) is representing the funeral home at the center of the case, and ADF’s lawyers asked the Supreme Court to take up the case in July.

    In October, the DOJ filed a brief in support of the funeral home. It issued a similar brief in favor of ADF’s client in the Masterpiece Cakeshop case decided last session. Solicitor General Noel Francisco signed the Harris Funeral Homes brief and argued in support of ADF’s client in Masterpiece Cakeshop. ADF had identified Francisco as one of its more than 3,200 allied attorneys in several press releases in 2016, but the group later claimed that this had been “our mistake” and that he was not in fact an allied attorney. ADF shows a distinct lack of transparency about who its allied attorneys are, and another group even filed a Freedom of Information Act request to determine Francisco’s exact relationship with ADF.

    In a second case, Zarda v. Altitude Express, skydiving instructor Donald Zarda sued his employer Altitude Express for firing him in 2010 after he “told a female student that he was gay.” (Zarda died four years after he filed the suit.) The 2nd U.S. Circuit Court of Appeals ruled in his favor in February of this year, deciding that Title VII “prohibits discrimination on the basis of sexual orientation.” Altitude Express and its lawyers petitioned the case to the Supreme Court in May.

    In a third case, Bostock v. Clayton County, Georgia, Gerald Bostock sued after “he was fired from his job as a child welfare services coordinator for a Georgia county’s juvenile court system when his employer found out he is gay.” The 11th U.S. Circuit Court of Appeals ruled against Bostock, saying that Title VII does not protect discrimination based on sexual orientation. In May, Bostock and his lawyer asked the Supreme Court to weigh in given a split in circuit courts’ rulings on the matter.

    The high court was originally expected to consider petitions to review the three Title VII cases on November 30, but it has since “delayed its timeline for considering whether to grant review.” According to Bloomberg Law, “The court’s next scheduled conference is Dec. 7, and it has no more conferences scheduled for December. The first conference of the new year is scheduled for Jan. 4.” If it does not grant review by mid-January, the court would not be able to hold oral arguments for any of the cases during the current term, which began in October.

    Religious exemptions for businesses

    In June, the Supreme Court narrowly ruled in favor of ADF’s client Jack Phillips, a Christian baker who refused to bake a cake for a same-sex couple, in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The decision did not indicate how the high court should rule on other similar cases or on the larger question of whether businesses can deny services to LGBTQ people but rather ruled that members of the Colorado Civil Rights Commission had shown “hostility toward the sincere religious beliefs that motivated [Phillips’] objection.” This next session, however, the Supreme Court could make a broader ruling on a similar case.

    In Klein v. Oregon Bureau of Labor and Industries, the owners of the now-shuttered Oregon bakery Sweet Cakes by Melissa were fined $135,000 for refusing to bake a wedding cake for a lesbian couple, a violation of the state’s nondiscrimination law. According to The Oregonian, the Oregon Court of Appeals ruled against the bakery owners and “upheld the order, and the state Supreme Court declined to hear the case earlier this year.” Their lawyers -- from the anti-LGBTQ legal group First Liberty Institute (previously known as Liberty Institute) -- filed a petition for Supreme Court review in September. At least four of those lawyers have connections to ADF: Kelly Shackelford, the president and CEO of First Liberty Institute, and Hiram Sasser have both been identified as ADF allied attorneys, and Michael Berry and Stephanie Taub both participated in ADF’s legal fellowship program.

    Trans-inclusive school facilities

    ADF has filed another petition asking the Supreme Court to weigh in on an LGBTQ-related issue in the Joel Doe v. Boyertown Area School District case. In that case, cisgender students represented by ADF sued their school district after Boyertown Area High School passed an inclusive policy that allows transgender students to use facilities that align with their gender identity. This differs from the high-profile Gavin Grimm v. Gloucester County School Board case, in which a trans student sued his school district for passing a discriminatory policy.

    The 3rd U.S. Circuit Court of Appeals ruled in favor of Boyertown’s trans-inclusive policy and against ADF’s client in July, citing Title IX of the Education Amendments of 1972, which “prohibits discrimination ‘based on sex’ in federally funded educational programs.” ADF has also attempted to leverage Title IX in its arguments, saying that the school’s trans-inclusive policy would create a “hostile environment” in violation of Title IX because its cisgender clients would have to interact with trans students in school restrooms and locker rooms. ADF thus contended that cisgender students who feel “embarrassed and harassed” by being in the same restrooms as trans students would be discriminated against “on the basis of sex.”

    There are several potential outcomes if the Supreme Court does take up the case. The Daily Beast’s Samantha Allen wrote that if the court ruled against the plaintiffs, it would likely decide “that local school districts like Boyertown cannot be barred from establishing transgender protections” rather than making a more sweeping decision “to affirm that all transgender students nationwide are protected under Title IX.” However, Allen noted the increasingly conservative makeup of the court and contemplated what could happen if it ruled in favor of ADF’s clients:

    There’s another outcome that has the potential to be catastrophic for a generation of transgender students: The Supreme Court—now with a conservative majority and two Trump picks—hears the case and agrees that transgender students cannot be protected by school policies. In the worst case, they agree that Title IX not only doesn’t protect transgender students, but actually requires schools to discriminate against them.

    Extreme anti-LGBTQ groups are emboldened by the new Supreme Court make up

    Extreme anti-LGBTQ groups, including ADF, have united around Supreme Court Justice Brett Kavanaugh’s confirmation to the court, assuming he would champion their issues and cement the conservative majority on the court. Like the Trump-Pence administration, these groups have been emboldened to push for discriminatory policies in the courts, such as overturning protections against conversion therapy for LGBTQ youth. ADF and others like it also have unprecedented influence over the administration; the White House even briefed ADF President Michael Farris about the FBI's Kavanaugh investigation not long after U.S. senators received the FBI’s report. Farris and ADF argued twice before the Supreme Court during the last session, and ADF has played a role in more than 50 other cases before the high court.

    Additional research by Kayla Gogarty and Brianna January.

  • These national anti-LGBTQ groups are working to make anti-trans discrimination legal in Massachusetts

    ››› ››› KAYLA GOGARTY

    National anti-LGBTQ groups are aligned with and have worked alongside a campaign in Massachusetts that would repeal the state’s trans-inclusive nondiscrimination protections, which protect transgender people from discrimination in housing and the workplace and give them equal access to public facilities such as bathrooms and locker rooms that align with their gender identity. The anti-trans Keep MA Safe campaign was started by Massachusetts Family Institute, a state anti-LGBTQ group with direct ties to major national groups Family Policy Alliance, Alliance Defending Freedom, and Family Research Council.

  • Only MSNBC hosted LGBTQ opponents of the Trump-Pence administration's plan to define away trans identities

    While MSNBC aired segments featuring six LGBTQ people, Fox News hosted anti-LGBTQ group leader Tony Perkins and two anti-trans gay women

    Blog ››› ››› BRIANNA JANUARY


    Melisa Joskow / Media Matters

    The Trump-Pence administration is “considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth,” which would be “the most drastic move yet in a governmentwide effort to roll back recognition and protections of transgender people,” according to an October 21 New York Times report. When TV news reported on the proposal, only MSNBC hosted LGBTQ guests to condemn it, while Fox hosted primarily anti-trans voices, including two gay women and major anti-LGBTQ group leader Tony Perkins.

    The Times reported that the definition would be established under Title IX, which bars “gender discrimination in education programs that receive government financial assistance.” Title IX is enforced in part by the “Big Four” federal agencies -- the departments of Education, Justice, Health and Human Services, and Labor -- most of which currently employ anti-LGBTQ group alumni who would potentially implement the policy. According to the Williams Institute, there are roughly 1.4 million American adults who identify as transgender, all of whom would be impacted by the proposed change. CNN reported that “if adopted, such a definition could exclude transgender people from existing federal civil rights protections in education, employment and access to health care.” The move is part of a greater trend of the Trump-Pence administration going after transgender people, and transgender advocates and their allies have sounded the alarm about the proposal and are fighting back.

    How TV news covered the proposal

    Following the Times’ reporting on the Trump-Pence administration’s proposal, broadcast and cable TV news spent a moderate amount of time covering the issue. MSNBC turned to transgender and queer guests to discuss the impacts of the proposal, while Fox News hosted primarily anti-transgender guests, including Perkins. Though generally critical of the proposal, CNN’s segments relied entirely on CNN hosts, commentators, and reporters, none of whom openly identify as LGBTQ.

    In discussing the proposal, MSNBC hosted six LGBTQ people, four of whom identify as trans, who were able to explain the personal impact the Trump administration’s proposal would have on the trans community.

    On October 23, MSNBC Live with Hallie Jackson hosted Laverne Cox, a transgender actress and activist, who outlined the Trump-Pence administration’s history of anti-trans policies, as well as those proposed around the country in state legislatures. Cox said that state legislatures “are continually trying to introduce legislation banning transgender people from public life” but noted that “we have fought those battles, and we have won.” She explained that “over and over again the courts have held that transgender people are covered by Title IX and Title VII.” Cox said, “They want to make us afraid, but we need not be afraid.”

    MSNBC Live with Hallie Jackson aired an October 22 segment featuring National Center for Transgender Equality's (NCTE) Raffi Freedman-Gurspan, who was the first out transgender person to be appointed to a White House job. Freedman-Gurspan called the proposal “an abomination” and highlighted that the new definition does not align with medical consensus or the lived experiences of trans people. She also noted the many anti-trans actions and rhetoric of the Trump-Pence administration and highlighted activism by the trans community and their allies who are ready to fight the proposal. Freedman-Gurspan ended the segment by saying, “We won’t be erased. We are standing up. … We are going to get through this.”

    During other segments, MSNBC also hosted Mara Keisling, a trans woman and president of NCTE; Hannah Simpson, a trans woman and activist; Masha Gessen, an LGBTQ journalist; and Sarah Kate Ellis, a lesbian and president of GLAAD. Additionally, Rachel Maddow, an out lesbian, did a monologue on her October 22 show about the proposal in which she contextualized the history of Republican administrations rolling back LGBTQ rights.

    While MSNBC turned to LGBTQ people who were either transgender or trans allies for their insights on the potential impact of the Trump-Pence administration’s proposal, Fox News hosted primarily anti-transgender guests, including two gay women and extreme anti-LGBTQ group Family Research Council’s (FRC) President Tony Perkins.

    In Fox News’ first substantial segment about the proposal, Fox News at Night with Shannon Bream aired a debate between liberal radio host Ethan Bearman and FRC’s Perkins, who was also appointed to the U.S. Commission on International Religious Freedom in May. During the segment, Perkins praised the proposal and resorted to fearmongering when presented with historical facts about gender identity. Perkins also pushed the the thoroughly debunked myth that trans-inclusive policies pose a threat to the safety of women and girls. From the segment:

    What we’re doing by this policy that was put in place without an act of Congress -- this was the Obama administration -- we’re putting people at risk. We're actually denying people equal protection under the law, because under this, we would force women that are going to battered shelters for abused women, we would force them under government policy to be housed with men, biological men. This makes no sense.

    On October 23, Tucker Carlson, who has an anti-transgender track record himself, hosted Tammy Bruce, an anti-trans lesbian and president of the conservative group Independent Women’s Voice. In the past, Bruce has criticized trans-inclusive restrooms and compared being transgender to “a child” thinking they are “a cocker spaniel. She has also defended Jack Phillips, the Christian baker who refused to bake a wedding cake for a gay couple and who was represented by extreme anti-LGBTQ powerhouse Alliance Defending Freedom at the Supreme Court. During the segment, Carlson claimed that the government recognizing the trans community would hurt women, and Bruce leveraged her identity as a lesbian to dismiss the impact of the proposal on trans people.

    Additionally, Fox News’ The Story with Martha MacCallum hosted Camille Paglia, also an LGBTQ-identified person who is critical of trans identities. During the segment, Paglia pushed anti-trans narratives about biology and said that trans-inclusive policies are “unfair” in areas like athletics. She also described herself as transgender while criticizing the trans community. Paglia has made similar comments in the past, saying, "Although I describe myself as transgender (I was donning flamboyant male costumes from early childhood on), I am highly skeptical about the current transgender wave." In other reporting, it appears that she identifies as gay and uses female pronouns.

    CNN had at least eight separate significant discussions, news reads, or reports covering the proposal but failed to host a single LGBTQ person in its reporting. Though the network’s coverage was generally critical of the proposal, CNN’s shows only used staff commentators and reporters to discuss it.

    Broadcast TV news outlets ABC and CBS barely covered the story at all, only airing news reads with no comprehensive segments or reporting, and both networks failed to feature any LGBTQ voices. NBC, however, aired a package on NBC Nightly News with Lester Holt that included a clip from NCTE’s Freedman-Gurspan’s appearance on MSNBC Live with Hallie Jackson. It also aired a report on Today.

    Additionally, PBS aired a segment featuring LGBTQ legal group Lambda Legal’s Sharon McGowan and was the only TV outlet so far to contextualize the anti-LGBTQ track record of Roger Severino, head of the Department of Health and Human Services’ Office for Civil Rights, the department spearheading the proposal.

    Methodology

    Media Matters searched Nexis transcripts for cable TV coverage appearing between October 21 and 23 on CNN, Fox News, and MSNBC -- as well as transcripts of broadcast TV coverage on ABC, NBC, and CBS -- for mentions of the words “transgender” or “health and human services” as well as mentions of the words or variations of the words “trans,” “sex,” or “gender” occurring within 10 words of the words or variations of the words “memo,” “policy,” “definition” or “Trump.” Additionally, Media Matters conducted searches on Snapstream for the same time frame for the same terms. “Significant discussion” is defined as two or more speakers in the same segment discussing the proposal with one another.

  • Abortion opponents celebrate Kavanaugh’s confirmation as their chance to end Roe v. Wade

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the confirmation of Brett Kavanaugh to the Supreme Court, anti-abortion advocates stopped downplaying the newest justice’s stance on abortion rights. Instead, once Kavanaugh had secured the necessary votes in the Senate, abortion opponents celebrated his confirmation as an opportunity to end Roe v. Wade once and for all.

    On October 6, Brett Kavanaugh was confirmed 50-48 to be an associate justice on the Supreme Court despite multiple credible reports that Kavanaugh committed sexual assault when he was in high school and college. In order to generate support for Kavanaugh’s confirmation, some right-wing media and anti-abortion advocates argued that Kavanaugh would not pose a threat to Roe or abortion rights in general. This was belied by Kavanaugh’s record on abortion access and comments about Roe and contraception before and during his confirmation hearing.

    After his confirmation, abortion opponents dropped this pretense and celebrated Kavanaugh for what he always was: the culmination of years of work by conservative and anti-abortion activists to reverse Roe. Here are some examples:

    Anti-abortion advocates celebrated the confirmation of Brett Kavanaugh to the Supreme Court

    • Marjorie Dannenfelser, president of the anti-abortion organization Susan B. Anthony List and frequent White House guest, tweeted in celebration that “Beautiful change is afoot. The wheels are turning.” During the confirmation process, Dannenfelser tweeted in support of Kavanaugh following reports that he had previously committed sexual assault, saying that the anti-abortion movement was not going to “help destroy a man” as part of a “PR image” to appear “pro woman.”
    • Tony Perkins of the Family Research Council said in a press release, “For the first time in decades, this nomination -- his nomination -- brought with it the reality of returning to a truly constitutionalist court. Many on the Left couldn’t stand such a thought. And for that, he and his family have paid a tremendous price. … Today was a major step in the journey to restore the Constitution to its rightful and intended role in our Republic.” The idea of “returning to a truly constitutional court” or being a “strict constitutionalist” is often used by anti-abortion advocates to indicate coded support for overturning Roe because they do not believe the Constitution supports the Supreme Court’s decision.
    • Students for Life of America tweeted, “What do you call someone attacked viciously by Planned Parenthood, NARAL, and every other anti-life group in the country? Justice.”
    • National Review’s Alexandra DeSanctis tweeted, “Just got a fundraising email from Planned Parenthood with the subject line ‘we’re heartbroken.’ I’m not usually a huge fan of spiking the football but...that feels pretty good.”
    • The Federalist’s Bre Payton tweeted, “the tears... they taste... delicious” in response to an actor expressing distress over Kavanaugh’s confirmation.
    • In response to a tweet from NARAL Pro-Choice America’s Ilyse Hogue that “it’s okay to feel anything right now” about Kavanaugh’s confirmation, Media Research Center’s Katie Yoder replied, “Even happiness?”

    Some abortion opponents celebrated Kavanaugh’s confirmation as a sign that Roe v. Wade could be weakened or even imminently overturned

    • After Kavanaugh’s confirmation, Rep. Steve King (R-IA) tweeted a picture of a baby and said, “Soon, babies like this little angel will be protected in the womb by law.” King recently met with President Donald Trump to discuss his proposed federal heartbeat bill that would effectively ban abortion in the U.S.
    • White House adviser Kellyanne Conway said that by nominating Kavanaugh, Trump was fulfilling his promise to appoint justices who would overturn Roe, and that now “people are going to look at state law and circuit law” to determine the legality of abortion. Since former Justice Anthony Kennedy’s retirement in June, this talking point has been used frequently by abortion opponents to suggest that overturning Roe wouldn’t outlaw abortion, but would instead return power to regulate reproductive rights to the states. However, this argument ignores both the difficulties of accessing abortion -- particularly for low-income people -- in states that could ban or restrict abortion, as well as abortion rights’ precarious reliance on a handful of pro-choice governors and state legislatures.
    • Priests for Life’s Bryan Kemper celebrated Kavanaugh’s confirmation and outlined what he thought the process would now be for banning abortion nationwide:

    • Operation Rescue’s Troy Newman said in a press release about Kavanaugh’s confirmation that Roe was a "wrongly decided ruling that has cost over 60 million innocent lives. I understand that overturning that horrendous decision will take time, but I believe we are now at last on the final road to accomplishing our goal of ending abortion in America.”
    • Similarly, March for Life President Jeanne Mancini said, “The Supreme Court plays a critical role in pro-life policy and has for decades. We look forward to Justice Kavanaugh’s tenure on the bench and the impact his dedicated public service will have towards creating a country where every human life is valued and protected equally under the law.”
    • The state anti-abortion group Texas Right to Life tweeted, “Texas Right to Life is optimistic that Judge Kavanaugh will prove to be a principled justice who will consistently recognize the Right to Life of all human beings.”
    • On Fox News Channel’s Fox & Friends, Fox News contributor Robert Jeffress said that he had “never seen Christians as stirred up about anything” as the Kavanaugh confirmation because “they knew that what really was at issue was the fear by the left that if Justice Kavanaugh got on the court, he might diminish in some way the number of babies being murdered every year through abortion -- that he would chip away at Roe v. Wade.”
    • Students for Life of America (SFLA) President Kristan Hawkins tweeted, “It’s done! Onward to reverse Roe and #abolishabortion!! This is the #prolifegen!”
    • On the day of the Senate confirmation vote, SFLA also posted a video titled “We Can Overturn Roe v. Wade.” The video argued that “the end of Roe v. Wade is in our sights now that Judge Brett Kavanaugh has been confirmed to the Supreme Court of the United States” and also outlined how Kavanaugh could be the fifth vote to overturn Roe. In the video, Hawkins also emphasized that allowing states to regulate abortion would be advantageous to the anti-abortion movement because SFLA has chapters in every state that would work to outlaw abortion entirely. Here are some screenshots from the video:

    Other abortion opponents used Kavanaugh’s confirmation to mock or attack those opposed to Kavanaugh

    • Eric Barber, a councilman in West Virginia, posted and then deleted a comment in a private Facebook group saying, “Better get you’re (sic) coathangers ready liberals” in response to the news that Sen. Joe Manchin (D-WV) was voting for Kavanaugh.
    • American Life League tweeted:

    • One America News’ Liz Wheeler, who has promoted conspiracy theories about Planned Parenthood, tweeted:

    • CRTV’s Allie Beth Stuckey -- best known for her fake interview with politician Alexandria Ocasio Cortez -- celebrated Kavanaugh’s confirmation and lambasted Democrats for their “debased, depraved tactics” and accused protesters of being “unhinged.”
    • Human Coalition’s Lauren Enriquez tweeted that she was “grateful to those men” in the Senate who voted to confirm Kavanaugh “for not letting tantrums interrupt the democratic process.”
    • In response to a video of an anti-Kavanaugh protester, Human Defense Initiative’s Devin Sena tweeted, “Purely demonic. Satan isn't happy that one day soon God's children will be allowed to be born.” As the Senate appeared likely to confirm Kavanaugh, Sena tweeted in celebration, “Roe v. Wade and Doe v. Bolton are without question the most egregiously unconstitutional decisions of all time. It's past time they are overturned! #ConfirmKavanaugh.”
    • Operation Rescue’s Cheryl Sullenger -- who was sentenced to prison for conspiring to bomb an abortion clinic in 1987, and has recently promoted Qanon conspiracy theories -- tweeted in response to a video of anti-Kavanaugh protesters:

  • Extreme anti-LGBTQ groups attack Christine Blasey Ford after she reported that Brett Kavanaugh attempted to rape her

    American Family Association: “Unless the biblical standard of two or three witnesses is met, an accusation should not be considered credible”

    Blog ››› ››› BRIANNA JANUARY


    Melissa Joskow / Media Matters

    Extreme anti-LGBTQ groups Family Research Council, Liberty Counsel, and American Family Association have attacked Christine Blasey Ford and worked to discredit her after she reported that Supreme Court nominee Brett Kavanaugh attempted to rape her in high school.

    Soon after President Donald Trump nominated Kavanaugh to the Supreme Court on July 9, extreme anti-LGBTQ groups united behind his nomination, offering praise for Kavanaugh’s candidacy and saying he would be “strong” on their issues. Many of those same groups have doubled down on their support by attacking Christine Blasey Ford and questioning her motivations after she reported that Kavanaugh groped her and attempted to remove her clothing and rape her in high school.

    Tony Perkins, president of the highly influential Family Research Council (FRC) who was reportedly “involved in discussions with the White House” on Kavanaugh’s nomination, attacked Ford’s credibility on the September 21 edition of Fox News Channel’s Special Report with Bret Baier. During his appearance, Perkins called Ford’s story “very, very suspect,” questioned why she hadn’t come forward sooner, and asked whether or not drinking alcohol may have affected her story. Perkins also questioned whether Ford and potential witnesses “really remember the facts” and whether her attempted rapist was even Kavanaugh at all, in line with a recent conspiracy theory created by conservative media figure Ed Whelan.

    Speaking at FRC’s anti-LGBTQ Values Voter Summit, Perkins urged Republican lawmakers in attendance to “move much more aggressively” to confirm Kavanaugh to the Supreme Court, and former FRC President Gary Bauer, declared the “political process” surrounding Kavanaugh’s nomination to be “political waterboarding” and a “travesty.” According to The Associated Press, Bauer mockingly re-enacted what a conversation with Ford and law enforcement may have sounded like and was reportedly met with laughter.

    Extreme anti-LGBTQ group Liberty Counsel has also attacked Ford, including by writing a six point list of so-called “disturbing facts that undermine her story.” Several of those points suggest she came forward for political reasons. The post attempted to discredit Ford by highlighting her political affiliations and those of her lawyer, Debra Katz, claiming the two “have a history of Democratic activism” and anti-Trump advocacy. Liberty Counsel also launched a “fax barrage” directly linking its supporters to the offices of elected officials to send messages of support for Kavanaugh’s confirmation. The “fax barrage” served as a fundraiser for Liberty Counsel and claimed that Ford’s story does “not align with the moral integrity” of Kavanaugh. Additionally, Liberty Counsel sent an email blast to supporters in which its Chairman Mat Staver called Ford’s story “a shameful, desperate attempt to destroy a person in order to stop his nomination to the Supreme Court” and characterized her as “someone who has an ever-changing story with plenty of political motivation.”

    In a separate email to supporters on September 22, Staver continued attacks against Ford, saying she was “being used to create an excuse to delay the hearing” and listing statements from various supporters of Kavanaugh in an attempt to undermine her credibility. On September 24, Mat Staver’s wife Anita Staver, who serves as president of Liberty Counsel, suggested that Ford was a liar in a tweet: “I believe survivors but not liars!”

    Additionally, former Liberty Counsel attorney Matt Barber, who still co-hosts one of its radio programs, attacked Ford on Twitter, where he likened her to a “suicide bomber” and compared her story’s effect on the Kavanaugh confirmation to a “political witch burning.” Barber also said Ford “would be fully exposed & further discredited,” and that “true victims” will be “distrusted because political vultures cried wolf one too many times.” In a separate post, he claimed, “We have entered the age of #MeToo McCarthyism. Pure evil.”

    Extreme anti-LGBTQ group American Family Association (AFA) has also launched attacks against Ford. Bryan Fischer, host of AFA’s American Family Radio show Focal Point, attempted to use Ford’s political affiliations and her lawyer’s legal career to discredit her story in a September 17 blog post. Fischer claimed that Katz “has made a career out of dismissing sexual assault allegations against liberal politicians.” In the same blog post, Fischer wrote, “The Bible is very clear that no serious allegation should ever be accepted against someone on the basis of one lone allegation.” In a September 18 email to supporters, AFA President Tim Wildmon reiterated that claim and wrote that “unless the biblical standard of two or three witnesses is met, an accusation should not be considered credible.” AFA initially did not support Kavanaugh’s nomination to the Supreme Court but quickly reversed course after hearing the “passionate defense of Judge Kavanaugh by many we consider to be friends in the pro-life movement."

    Ford is set to testify before the Senate Judiciary Committee on Thursday, September 27, about Kavanaugh’s attempted rape.

  • Right-wing media pastor and GOP-backed congressional nominee favorably remembered when “homosexuality was once criminalized”

    Mark Harris: “We have watched in one generation where homosexuality was once criminalized to now we see the criminalization of Christianity”

    Blog ››› ››› ERIC HANANOKI


    Melissa Joskow / Media Matters

    Mark Harris is a pastor and GOP-backed congressional nominee who has regularly appeared in right-wing media outlets and worked with a notorious anti-LGBTQ group. In previously unreported comments, Harris said in 2015 that the country had descended into “moral decay” and cited as one of several examples that “we have watched in one generation where homosexuality was once criminalized to now we see the criminalization of Christianity.”

    Harris won the Republican nomination in North Carolina’s 9th District by defeating sitting Rep. Robert Pittenger in the state’s May GOP primary.

    Harris, who has been heavily involved in fighting against LGBTQ equality in North Carolina, was previously the pastor of First Baptist Charlotte. His sermons were streamed online and distributed through podcasts. He has regularly appeared in anti-LGBTQ media, making appearances on outlets such as Pat Robertson’s Christian Broadcasting Network and anti-LGBTQ group American Family Association’s American Family Radio.

    Harris has also been a go-to pastor for the Family Research Council (FRC), an extreme anti-LGBTQ organization that produces its own media content and policy papers. He has been a member of FRC’s ministry arm Watchmen on the Wall. He has also spoken at numerous FRC-affiliated events, including several that have been broadcasted nationwide by the group. FRC is one of the most influential anti-LGBTQ groups in the country and its official position is that “homosexual conduct is harmful to the persons who engage in it and to society at large” and “is by definition unnatural.”

    FRC Action, the political arm of FRC, endorsed Harris in April. FRC President Tony Perkins wrote in May that Harris is “one of FRC's Watchmen pastors who was critical in FRC Action’s highly successful effort in the 2016 general election.”

    Harris and FRC are a perfect fit when it comes to anti-LGBTQ activity.

    In a 2015, Harris spoke at an event in Jomeokee, NC, and complained that the nation is “floundering in moral decay,” explaining in part that “we have watched in one generation where homosexuality was once criminalized to now we see the criminalization of Christianity.” From his speech:

    MARK HARRIS: We are a nation that is so out of balance in our economy, in our foreign policy, in our treatment of the Constitution. But I want to leave you this afternoon as I wrap up with truly the most detrimental imbalance which many will argue is the root to all the others and that is, ladies and gentlemen, I've come here today to declare to you that we are a nation which is spiritually out of balance in every way.

    In one generation you and I have witnessed this country sliding from a nation who once shared a moral vision based on Judeo-Christian ethic to a nation floundering in moral decay. In one generation we have watched our nation who once believed in lifelong marriages to the same spouse to a divorce rate now well over 50 percent. We have watched in one generation where homosexuality was once criminalized to now we see the criminalization of Christianity. And I could go on and on with the entertainment, with the education, with the life issue.

    In 2013, as then-Right Wing Watch writer Brian Tashman documented, Harris said: “I’ve yet to buy in, as there is not the medical evidence, that an individual that chooses the homosexual lifestyle is born that way. That is a choice.” In a recent interview with Roll Call, Harris stood by those remarks. 

    Roll Call also reported that Harris said that women should submit to their husbands. The Washington, D.C.-based publication added that Harris said in an interview “that a wife submitting to her husband does not mean that they are not equal. He said he regularly mentions that in counseling sessions and when he presides at weddings.”

  • Extreme anti-LGBTQ groups are uniting behind Trump Supreme Court nominee Brett Kavanaugh

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    Extreme anti-LGBTQ groups such as the Family Research Council and Liberty Counsel are unifying behind President Donald Trump’s nominee to the Supreme Court, Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit.

    Trump nominated Kavanaugh to the court on July 9, and soon after, extreme anti-LGBTQ groups started pouring in praise. As a result, LGBTQ advocates and groups have sounded the alarm. The highly influential Family Research Council (FRC), whose president, Tony Perkins, reportedly was “involved in discussions with the White House” on the nomination, promoted Kavanaugh “heavily” when he was initially nominated to the D.C. Circuit in 2005, and Perkins quickly responded to his Supreme Court nomination by pledging “to help move the grassroots to gain the confirmation of Judge Kavanaugh.” He also praised Kavanaugh for previous rulings on “religious freedom and free speech” issues and for his “long and praiseworthy history of judging as an originalist.” FRC’s position is that “homosexual conduct is harmful to the persons who engage in it and to society at large” and “is by definition unnatural,” and the organization promotes the idea that “every effort should be made to assist such persons to overcome those attractions,” including by actively working against efforts to protect LGBTQ youth from the harmful and discredited practice of conversion therapy.

    Other extreme anti-LGBTQ organizations mirrored FRC’s messaging. Liberty Counsel praised Kavanaugh for a “pragmatic approach to judging” and compared his originalist judicial philosophy to that of notoriously anti-LGBTQ Justice Antonin Scalia. The group’s founder and chairman, Mat Staver, said, “I support the nomination of Judge Brett Kavanaugh to the Supreme Court,” and called him “the right kind of judge we need on the bench.” Staver is known for using extreme rhetoric against LGBTQ people, including comparing them to pedophiles and saying that LGBTQ History Month is a “sexual assault on our children.”

    The National Organization for Marriage, a group that was instrumental in rolling back marriage equality in California in 2008, called Kavanaugh an “outstanding pick” who “will be strong on our issues” and a “constitutionalist.” The group noted that it “intends to do everything [it] can to secure the confirmation of Judge Kavanaugh,” including launching a “Marriage Hero campaign” to organize anti-LGBTQ people at a grass-roots level in favor of his nomination. A July 10 blog post outlined several reasons NOM supports Kavanaugh.

    The Pacific Justice Institute (PJI), which in 2013 led a smear campaign against a transgender teenager who was harassed and received death threats after her name was leaked to the public, issued a statement calling Kavanaugh “fair and faithful to the Constitution” and noting that he had ruled in favor of PJI’s clients in a case about prayer at the presidential inauguration. PJI’s statement, however, was less enthusiastic than that of other groups and asserted that there are “important unanswered questions about his jurisprudence” and characterized his record on abortion issues as “mixed.” The American Family Association (AFA) showed a similar hesitation and initially called on its supporters to oppose Kavanaugh’s nomination. The following day, however, AFA issued another statement walking back its opposition and lining up more closely with other extreme anti-LGBTQ groups:

    [A]fter hearing the concerns of some of our supporters, and after hearing the passionate defense of Judge Kavanaugh by many we consider to be friends in the pro-life movement, we are willing to let this process play out. We eagerly await the confirmation hearings when we hope to get clarification from Judge Kavanaugh on aspects related to our concerns.

    Though extreme group Alliance Defending Freedom (ADF) claims to not “take a position on the merits of Supreme Court nominees,” its Twitter account posted a New York Times op-ed by a liberal law professor making the case to confirm Kavanaugh. Several ADF staff and board members have also tweeted in support of the nomination or shared articles backing the choice. ADF is one of the most influential anti-LGBTQ groups in the country and is leading the fight against LGBTQ equality at nearly every level, including working to combat transgender student equality, codifying discrimination against the community via religious exemptions, and exporting its anti-LGBTQ agenda abroad.

    It’s clear that though a few anti-LGBTQ groups showed some initial hesitation toward Kavanaugh’s nomination, they have quickly coalesced behind him. These groups are highly coordinated and would not support a nominee who they did not think shared their extreme anti-LGBTQ values. AFA’s statement reversing its opposition to Kavanaugh due to “the passionate defense of Judge Kavanaugh by many we consider to be friends in the pro-life movement” is telling on its own; these groups know what they would be getting with a Supreme Court Justice Kavanaugh, and it won’t be good for LGBTQ people.

    Additional research by Rebecca Damante.

  • Family Research Council is terrible, and its president Tony Perkins just got appointed to an international commission 

    FRC and its president Tony Perkins have long fought LGBTQ equality abroad, including supporting Uganda's "Kill the Gays" bill

    ››› ››› REBECCA DAMANTE

    Tony Perkins, president of the anti-LGBTQ hate group Family Research Council (FRC), was appointed commissioner of the U.S. Commission on International Religious Freedom, a federal government commission dedicated to the “right to freedom of religion or belief abroad” that “makes policy recommendations to the President, the Secretary of State, and Congress.” Over the years, FRC has worked to push its anti-LGBTQ extremism in other countries, including Perkins personally defending an anti-gay bill in Uganda that could have punished sodomy by death. FRC has also spoken out against the LGBTQ-inclusive actions by the State Department under the Obama administration and has a long-established relationship with newly-confirmed Secretary of State Mike Pompeo, who similarly has a record of anti-LGBTQ advocacy. 

  • The trans military ban is yet another example of the White House's cozy relationships with anti-LGBTQ hate groups

    Blog ››› ››› BRENNAN SUEN


    Dayanita Ramesh / Media Matters

    There’s new reporting about anti-LGBTQ hate group leader Tony Perkins’ role in crafting the latest White House policy banning transgender troops from serving in the military -- and that’s only the most recent reminder that we should be very, very worried about the Trump administration’s coziness with anti-LGBTQ hate groups and extremists.

    Hours after the White House released an updated policy banning transgender service members from serving in the military, Slate’s Mark Joseph Stern reported that “behind the scenes, a ‘panel of experts’” crafted a report justifying the ban. The so-called experts included Perkins, president of anti-LGBTQ hate group the Family Research Council (FRC), and the virulently anti-trans Ryan Anderson from the Heritage Foundation, who wrote an entire book dedicated to discrediting the transgender experience. Stern also reported that Vice President Mike Pence, who has a long history of anti-LGBTQ animosity and is a longtime friend of Perkins’, “played a leading role in the creation of this report.” This is yet another disturbing example of anti-LGBTQ extremists’ influence on White House policy and close relationships with the administration.

    Just one day before Trump announced the new policy, Tyson Langhofer, director of the Center for Academic Freedom at the anti-LGBTQ hate group Alliance Defending Freedom (ADF), spoke at an official youth outreach event at the White House. During the event, Justice Department Office of Public Affairs Director Sarah Isgur Flores praised ADF as a “great organization” and thanked Langhofer for its work.

    Here are just some of the ways ADF and other anti-LGBTQ hate groups and extremists are directly influencing White House policy beyond the newly released ban:

    • After consulting with ADF, Trump and Attorney General Jeff Sessions released religious exemptions guidance making it easier for individuals and businesses to discriminate against LGBTQ people.

    • The Justice Department issued an unusual brief on behalf of ADF’s client in the Masterpiece Cakeshop v. Colorado Civil Rights Commission Supreme Court court case.

    • ADF is reportedly in “negotiations” with the Trump administration to undo protections for incarcerated transgender people.

    • Perkins has bragged about how many times he has visited the White House.

    • Trump is nominating attorneys with ties to ADF for federal judgeships.

    • Former ADF legal counsel Matt Bowman works in the Health and Human Services Department (HHS), which has been employing more right-wing religious activists and has started a Conscience and Religious Freedom Division that makes it easier for health care providers to deny services to LGBTQ people, among others.

    • Roger Severino, who wrote an anti-trans report with Ryan Anderson at the Heritage Foundation, runs the HHS Office of Civil Rights.

    • Former Family Research Council Chief of Staff Shannon Royce has emerged “as a pivotal player” at HHS as director of its Center for Faith-based and Neighborhood Partnerships.

    • Former ADF Communications Director Kerri Kupec is a Department of Justice spokesperson.

    • ADF client Sara Hellwege spoke at the HHS announcement of its anti-LGBTQ rule granting religious exemptions for health care providers to deny services to LGBTQ people.

    • At least four people who have worked for the Family Research Council were on Trump’s transition team.

    These groups spent years under the Obama administration pushing anti-LGBTQ policies through municipalities and states and fighting equality in court while also strategizing over how to undo the progress that has happened over the past decade at the national level. Now the current administration is welcoming them to the table and fulfilling their wish lists. Trump made a clear play for these groups and their supporters' votes when he chose Pence as his running mate, and so-called “values voters” like Perkins have repeatedly abandoned their morals to defend Trump -- and reaped the rewards in policy.

    We are witnessing a massive effort to roll back LGBTQ equality at all levels of government and on nearly every issue affecting the lives and rights of community members, and these groups are at the forefront of it. And there are repercussions outside of the policy realm: Their attacks are creating a more hostile, anti-LGBTQ environment in society at large. For the first time in four years, acceptance of LGBTQ people has decreased, and violence against the community is surging without many Americans even being aware of it.

    The trans military ban was just the latest win for anti-LGBTQ hate groups. There will certainly be more. If you haven’t been alarmed by this yet, it’s time to be now.

  • 60 Minutes’ interview with Stormy Daniels airs tonight. Here are 5 ways conservative media figures have attacked or downplayed her story.

    Blog ››› ››› ZACHARY PLEAT

    Adult film actress and director Stephanie Clifford, known professionally as Stormy Daniels, recorded an interview about her alleged affair with President Donald Trump, which is scheduled to air tonight on CBS’ 60 Minutes. Since she first came forward, some conservative media figures have chosen to attack her or to minimize her story.

    According to Daniels, she and Trump had an affair in 2006. She first gave an interview about the affair in 2011 with In Touch Weekly, but it was only published in full earlier this year. While Trump has denied the affair took place, one of his lawyers, Michael Cohen, paid Daniels $130,000 just a month before the 2016 presidential election to keep her from speaking publicly about it. Trump and Daniels have recently sued one another over the 2016 agreement.

    Trump’s lawyers reportedly considered legal action to stop the broadcast of Daniels’ pre-recorded 60 Minutes interview, which will air tonight on CBS. And in recent weeks, some conservative media figures have also run defense for the president.

    Smearing Daniels over her adult film career

    Gateway Pundit’s Jim Hoft: Daniels is a “washed up porn star.”

    [Gateway Pundit, 3/6/18]

    CNN conservative political commentator Jason Miller: “I think it is clear that Ms. Clifford is trying to essentially launch a second act to her career now.”

    CNN guest Michael Caputo: “Let's not forget, this is a woman who gets paid for sex wanting more money.”

    Telling other media outlets they shouldn’t be giving Daniels’ story much attention

    Fox host Sean Hannity dubbed CNN president Jeff Zucker the “‘porn king’ of cable news” for coverage of Daniels. Fox prime-time host Sean Hannity lashed out at CNN for covering Daniels’ allegations against Trump, calling CNN president Jeff Zucker the “porn king” of cable news. He also called CNN’s “non-stop coverage of Stormy Daniels” a “new obsession” of “basically soft-core pornography.” [Hannity.com, 3/23/18]

    Fox media critic Howard Kurtz suggested other media outlets were devoting too much coverage to Daniels and accused them of being “rather gleeful in covering these stories.”

    Conservative talk radio host Mark Simone: “Media [are] now in collusion with DNC to influence the next election” by covering Daniels.

    [Twitter, 3/11/18]

    Accusing Daniels of faking evidence

    Pro-Trump writer Jacob Wohl pointed to one photo to claim Daniels’ reported polygraph test was fake. NBC News acquired a report of a 2011 polygraph test Daniels took about her relationship with Trump, which came with a sworn declaration from the examiner about its authenticity. According to NBC, “the examiner found there was a more than 99 percent probability she told the truth when she said they had unprotected sex in 2006.” Jacob Wohl of The Washington Reporter used an image taken from a video of the polygraph test to claim it was fake.

    [NBC News, 3/20/18; Twitter, 3/21/18]

    Downplaying the relevance of the interview

    Fox News contributor Marc Thiessen: Conservative Christians will stand by Trump because he keeps his promises to them. Fox News contributor and Washington Post columnist Marc Thiessen defended conservative Christian supporters of President Trump from accusations of hypocrisy for violating their espoused values because he “does have one moral quality that deserves admiration: He keeps his promises.” From Thiessen’s March 23 FoxNews.com column:

    During the 2016 campaign, Trump pledged to defend religious liberty, stand up for unborn life and appoint conservative jurists to the Supreme Court and federal appeals courts. And he has done exactly what he promised. The abortion-rights lobby NARAL complains that Trump has been "relentless" on these fronts, declaring his administration "the worst .?.?. that we've ever seen." That is more important to most Christian conservatives than what the president may have done with a porn actress more than ten years ago.

    [...]

    No one upholds Trump as moral exemplar. He is not the most religious president we have ever had, but he may be the most pro-religion president. Christian conservatives are judging Trump not by his faith, but by his works. And when it comes to life and liberty, his works are good. [FoxNews.com, 3/13/18]

    National Religious Broadcasters president Jerry Johnson: “People knew the accusations against the president” but didn’t care about them. In an interview with the Christian Broadcasting Network (CBN) about Daniels upcoming 60 Minutes interview, National Religious Broadcasters president Jerry Johnson said conservative Christians just don’t care that Trump allegedly cheated on his wife Melania:

    "Christians want the president to be pastoral. We like that but that isn't really the job assignment," National Religious Broadcasters president Jerry Johnson told CBN News. "People knew the accusations against the president before he was elected and they said, 'Actually, we care about security. Actually, we care about the economy.' "

    Johnson added that Christians "should identify with Christ" before any politician and called his vote in the 2016 election a "prudential" one. "You've got to vote. You have a choice. Who are you going to vote for?" Johnson said. "I voted for Mr. Trump. I don't regret that vote. I don't think Christians who voted for him regret that vote. We knew this was in the past, but his job is to keep us safe and to keep the government out of the way of business so the economy can grow and I think he's doing that." [CBN, 3/23/18]

    Anti-gay hate group Family Research Council leader Tony Perkins: Trump’s behavior was in the past. Tony Perkins, president of the anti-gay Family Research Council, also told CBN that Trump’s past behavior doesn’t matter because he’s keeping political promises he made to conservative Christians:

    Tony Perkins, president of the Family Research Council, echoed the same sentiment to CBN News and said Trump should be judged on his behavior and accomplishments in office.
     
    "To date, what has the president done?" Perkins asked. "The president has not engaged, to our knowledge, and I think we would know, in any of the behavior that he did in the past, prior to the election. What he has done is he's actually followed through on political promises." [CBN, 3/23/18]

    Barely mentioning Daniels’ alleged affair with Trump

    In early through mid-March, Fox News barely mentioned Daniels’ story. The news explainer website Vox examined cable news transcripts and found Fox News has barely even mentioned Daniels’ name, especially compared to its main competitors.

    [Vox, 3/21/18]

  • 2017's worst anti-trans lies and smears 

    Media Matters looks back at some of the worst smears, lies, and liars attacking the transgender community in 2017

    Blog ››› ››› REBECCA DAMANTE


    Sarah Wasko / Media Matters

    Right-wing media figures and anti-LGBTQ hate group representatives have a long history of spreading anti-trans hatred and lies, and 2017 was no different. From hate groups attacks on trans children and students to Alex Jones’ anti-LGBTQ extremism, Media Matters rounded up some of 2017’s most transphobic misinformers and their lies.

    Alex Jones cemented his place as an anti-trans extremist

    Hate groups and right-wing media figures attacked transgender children and students

    Hate groups and right-wing media continued to weaponize the thoroughly debunked “bathroom predator” myth

    Conservative media figures misinformed about the transgender military ban and told lies about trans service members

    Right-wing media figures used anti-trans language and slurs when talking about transgender people

    Alex Jones cemented his place as an anti-trans extremist

    Right-wing conspiracy theorist and ally to President Donald Trump Alex Jones has cemented his place as an anti-trans extremist this year as he repeatedly used the slur “tranny,” dehumanized trans people's existence, and spread vile rhetoric about them. Though Jones has repeatedly said he is “not against gay people,” Media Matters has documented a pattern of extreme anti-LGBTQ rhetoric that proves otherwise. 

    In one segment on his show, for example, Jones said that transgender women may be gay men who want “to go pick up more guys” by getting “breast implants” and trying to “doll [their] hair up.” On another episode, Jones compared a transgender man who had a baby to Jones deciding that he is a “50-foot, red, purple, striped giraffe” that “give[s] birth to leprechauns.” In other segments, Jones has said that accepting transgender people is a slippery slope to “brain chips” and suggested that former first lady Michelle Obama has a penis and may have killed late comedian Joan Rivers, saying that he was “not putting trannies down” with the comments.

    Jones accused transgender women of being gay men who want “to go pick up more guys” by getting breast implants and dolling up their hair.

    [Genesis Communications Network, The Alex Jones Show, 7/10/17]

    Jones compared a pregnant transgender man to a “50-foot, red, purple, striped giraffe” that gives “birth to leprechauns.”

    [Genesis Communications Network, The Alex Jones Show, 8/3/17]

    Jones said that accepting transgender people is a slippery slope to “brain chips.”

    [Genesis Communications Network, The Alex Jones Show, 8/7/17

    Hate groups and right-wing media figures attacked transgender children and students

    In 2017, hate group leaders and right-wing media personalities continued their fight against LGBTQ equality in schools, attacking transgender students and children, their parents, and teachers who teach trans-inclusive lessons. These attacks are also happening on a policy level, with hate group Alliance Defending Freedom spending much of the year trying to block transgender student equality by inserting itself in debates at local school districts and in state legislatures about transgender students’ access to restroom facilities that align with their gender identity.

    In July, anti-LGBTQ hate group American College of Pediatricians (ACPeds) President Dr. Michelle Cretella asserted that parents accepting their transgender children's’ gender identity is “child abuse” and spread myths and junk science about transgender people during an episode of Fox News’ Tucker Carlson Tonight. ACPeds is a small, deceptively named hate group with only a few hundred members that is meant to be confused with the 60,000-member American Academy of Pediatrics. In another example, right-wing media figures attacked a California elementary school teacher for reading two children’s books about gender identity to her kindergarten classroom after a transgender student brought one in to share. Right-wing website PJ Media suggested that parents “move out of [their] community” if they feel it is necessary to protect their children from being turned into “mind-numbed robots who nod affirmatively in the face of lies,” and anti-LGBTQ FoxNews.com contributor Todd Starnes called the events “an example of how schools have been indoctrination grounds for the LGBT agenda” and “activist bullies.”

    Anti-LGBTQ hate group ACPeds’ Cretella called accepting transgender children “child abuse.”

    [Fox News, Tucker Carlson Tonight, 7/24/17]

    Hate groups and right-wing media continued to weaponize the thoroughly debunked “bathroom predator” myth

    Right-wing figures and anti-LGBTQ hate groups continued to reinforce the debunked “bathroom predator” myth, which asserts that policies allowing trans people to use restrooms that align with their gender identity will create an opening for sexual predators to assault women. That myth has been long debunked by experts and government officials in more than a dozen states, school administrators, and sexual assault and domestic violence prevention experts, but pundits and anti-LGBTQ figures continued to push the lie in 2017.

    On February 15, Tony Perkins, the president of anti-LGBTQ hate group Family Research Council (FRC), dubiously claimed that Target’s trans-inclusive bathroom policy gives people a “good chance” of seeing a “live rendition of CSI … because increasingly you’ve had crime scenes in their restrooms and in their changing rooms.” Similarly, on an episode of a special panel show on Houston’s Fox 26, president of the anti-LGBTQ hate group Conservative Republicans of Texas (CRTx) Jared Woodfill said that “registered sex offenders who somehow believe that they’re a woman” would be “allowed to go into the restroom where our wives, our daughters, and our mothers are going to be.” In yet another example, Charmaine Yoest, a right-wing political commentator who is now in a top communications post at the Department of Health and Human Services, asserted that “the real issue” with trans-inclusive policies “is the opening that it provides for sexual predators … who might be using this as a way to get access to young girls and women.

    FRC’s Perkins claimed that Target’s trans-inclusive restroom policy gives people a “good chance” of seeing a “live rendition of CSI … because increasingly you’ve had crime scenes in their restrooms and in their changing rooms”

    [Fox Business, Varney & Co., 2/15/17]

    CRTx’s Woodfill claimed that “registered sex offenders who somehow believe that they’re a woman” would be “allowed to go into the restroom where our wives, our daughters, and our mothers are going to be” with trans-inclusive restroom policies.

    [Fox 26, What’s Your Point, 5/22/17]

    Former right-wing pundit Yoest said that “the real issue” with trans-inclusive policies “is the opening that it provides for sexual predators … who might be using this as a way to get access to young girls and women.”

    [CNN, CNN Newsroom, 2/23/17]

    Conservative media figures misinformed about the transgender military ban and told lies about trans service members

    When Trump announced he would ban transgender people from the military, right-wing media and hate groups pushed misinformation about transgender service members and called them “mentally ill.” (The ban has so far been paused by the courts.) Other right-wing lies about the ban included the claim that the cost of medically necessary health care for transgender service members would be in the billions, that allowing transgender members to serve would interfere with military readiness and cohesion, and that a majority of transgender people are unable to be deployed due to their health care needs. Analysts have found minimal additional costs involved in providing health care to transgender service members and no negative impacts on military cohesion or readiness.

    Right-wing pundit Ben Shapiro responded to the ban by saying that “the military should not accept mentally ill soldiers.” Shapiro tweeted that “no one has the ‘right’ to serve in the military,” and again implied that transgender people have a “mental illness.” Retired Lt. Gen. Jerry Boykin, who is the vice president of anti-LGBTQ hate group FRC, similarly pushed the myth that transgender people have some “kind of physical or mental illness” and claimed that their inclusion in the military was part of “a test bed for nothing but social experiments.” According to the American Psychological Association, “Identifying as transgender does not constitute a mental disorder.” Other leading medical organizations agree.

    FRC’s Boykin pushed the lie that transgender people are mentally ill, saying, "We shouldn't recruit people with any kind of physical or mental illness."

    [Fox News, The Story with Martha MacCallum, 8/24/17]

    Shapiro claimed that “no one has the ‘right’ to serve in the military. People are 4F [unfit to serve] for a variety of reasons. Mental illness can be such a reason.”

    [Twitter, 7/26/17]

    Shapiro said that “The military should not accept mentally ill soldiers,” but Trump’s announcement “should not have been done by tweet.”

    [Twitter, 7/26/17]

    Right-wing media figures used anti-trans language and slurs when talking about transgender people

    Over the past year, right-wing media figures attacked transgender people with offensive language, anti-trans slurs, and even the denial of trans existence. In addition to the steadfast slandering of transgender people by Alex Jones, other right-wing media figures employed transphobic rhetoric that can have severe consequences on transgender people and youth. Calls from transgender youth to the Trevor Project’s suicide hotline increased this year, and the project cited “anti-transgender rhetoric” coming from elected officials and others as “putting lives at risk.”

    In a November rant lamenting the surge of LGBTQ victories in 2017 elections, right-wing radio host Rush Limbaugh used the anti-trans slur “tranny” and insisted that LGBTQ people be referred to only as “homosexual,” saying, “the word is homosexual.” On Fox, Carlson hosted a transgender guest and insulted her by accusing transgender people of “faking” and repeatedly pushing the myth that people can just “decide” to be transgender on a whim. This kind of rhetoric places doubt on transgender existence.

    After trans candidates won 2017 elections, Limbaugh insisted that all LGBTQ people be referred to as “homosexual” and used the anti-trans slur “tranny.”

    [Premiere Radio Networks, The Rush Limbaugh Show, 11/9/17]

    Carlson insulted a transgender guest and accused transgender people of "faking."

    [Fox News, Tucker Carlson Tonight, 2/24/17]      

  • Anti-LGBTQ hate groups stand by Roy Moore after report that he molested a child

    Groups including Family Research Council have largely stayed silent, defended Moore after Washington Post report

    Blog ››› ››› BRENNAN SUEN

    Anti-LGBTQ hate groups and their representatives who endorsed anti-LGBTQ extremist and Alabama Republican Senate candidate Roy Moore have largely rushed to defend him or remained silent in the day following reports in The Washington Post that he engaged in sexual misconduct in his 30s with a 14-year old.

    On November 9, The Washington Post reported on a woman’s story that Moore molested her when she was 14 years old and he was 32. The Post interviewed three other women who also went on the record saying that he pursued them when they were teenagers “and he was in his early 30s.” Moore is a known anti-LGBTQ extremist, who has said that “homosexual conduct should be illegal” and that being queer is “a criminal lifestyle,” and as such has received the endorsements of a number of anti-LGBTQ hate group leaders. These figures include Mat Staver of Liberty Counsel, Brian Brown (who endorsed Moore representing his extremist organization National Organization for Marriage (NOM) but also runs hate group World Congress of Families), Tim Wildmon of American Family Association (AFA), Peter Labarbera of Americans for Truth about Homosexuality (AFTAH), and Tony Perkins and Jerry Boykin of Family Research Council (FRC).

    Between 12:30 p.m. EST on November 9, shortly before the Post published the piece, and 12:30 p.m. EST on November 10, only AFA and AFTAH commented on the report. AFA repeatedly defended Moore across social platforms. On Facebook, AFA Action refused to withdraw its endorsement, writing: “AFA Action believes Justice Roy Moore to be a truthful man and a solid Christian. Based on his statement of denial we are proud to stand by our endorsement of Justice Roy Moore.” The group also retweeted four of Moore’s tweets defending himself, including one saying, “Our children and grandchildren’s futures are on the line.” AFTAH's Labarbera, however, tweeted a CNN article about a White House statement that Moore should "step aside" if the stories are true.

    FRC Action leaders Perkins and Boykin endorsed Moore in September but have not commented on the report. The group’s Twitter account tweeted about Moore’s lead in the race shortly before the Post broke the news but has made no statements about Moore afterward. Liberty Counsel and NOM have failed to release any statement regarding Moore in the wake of the story.

    Methodology:

    Media Matters reviewed the available Twitter accounts and Facebook pages of Liberty Counsel, NOM, AFA, AFTAH, and FRC, as well as the accounts of individual figures Mat Staver, Brian Brown, Peter Labarbera, Tony Perkins, and Jerry Boykin between 12:30 p.m. EST on November 9, shortly before the Post story was published, and 12:30 p.m. EST on November 10. We also reviewed the groups’ websites and press releases, and Google News searches for each figure and group within the same time frame.

    Rebecca Damanate contributed research to this report.

    Update: After this post's publication, FRC's Perkins tweeted, "The allegations reported by the media against Roy Moore are beyond disturbing and, if true, would disqualify him or anyone else engaged in such behavior from holding a position of public trust." In addition, Liberty Counsel's Staver was quoted defending Moore as "a man of integrity who respects women."