BREAKING: FFAA Statement on Brett Kavanaugh’s Nomination to Supreme Court

July 9, 2018 • 9:21 pm

Growing number of Americans recognize importance of treating LGBTQ people fairly under the law; so too should SCOTUS nominee

WASHINGTON — President Donald Trump tonight nominated D.C. Circuit Court Judge Brett Kavanaugh to serve on the U.S. Supreme Court. Kavanaugh — who previously worked in the George W. Bush administration — hasn’t weighed in explicitly on high-profile issues related to LGBTQ nondiscrimination, though the rabidly anti-LGBTQ Family Research Council has in the past lavished praise on his judicial record. Kavanaugh’s nomination comes at a critical moment for the LGBTQ community: more Americans than ever before support ensuring LGBTQ people are treated fairly and equally under the law, and a growing number of court cases are affirming the importance of nondiscrimination protections. Any number of LGBTQ-related issues could land before the Supreme Court in the coming years, including whether anti-LGBTQ employment and housing discrimination is prohibited under federal law, the validity of exemptions from nondiscrimination laws that allow a special ‘License to Discriminate’ for businesses, the dignity of transgender students in schools, and the constitutionality of the Trump-Pence transgender military ban.

“A supermajority of Americans from all walks of life support treating LGBTQ people fairly and equally under our laws,” said Freedom for All Americans CEO, Masen Davis. “Lawmakers on Capitol Hill should do what they know is right and only confirm a Supreme Court nominee who has demonstrated a commitment to our nation’s founding values. There is too much at stake for lawmakers to simply give this seat away without a thorough and thoughtful vetting process.”

Today, according to the Pew Research Center, Americans who strongly favor the freedom to marry outnumber those who strongly oppose it by more than a two-to-one margin (30% vs. 14%). Pew research shows a record high percentage of registered Republicans, 40 percent, now support the freedom to marry. Six in ten Americans oppose allowing a small business owner in their state to refuse products or services to gay or lesbian people if providing them would violate their religious beliefs. And 70 percent of Americans are broadly supportive of laws that would protect LGBTQ people against discrimination in jobs, public accommodations, and housing. In recent years a growing consensus has been building in the lower courts – including multiple federal appellate courts – that federal laws prohibiting discrimination based on sex also prohibit discrimination based on sexual orientation and gender identity. A Supreme Court appointment hostile to the dignity of LGBTQ Americans, however, could undermine and overrule that consensus. The progress Americans have seen for the LGBTQ community both in the courts and in the court of public opinion, should be maintained.

FFAA is asking everyone to contact their senators and urge them to press the nominee on LGBTQ issues,
Freedom for All Americans is the bipartisan campaign to secure full nondiscrimination protections for LGBTQ people nationwide. Our work brings together Republicans and Democrats, businesses large and small, people of faith, and allies from all walks of life to make the case for comprehensive nondiscrimination protections that ensure everyone is treated fairly and equally.

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