We Have a Supreme Court Nominee. Here’s How We Move ForwardBy Shane Stahl • September 29, 2020 • 11:30 am
President Trump has nominated Judge Amy Coney Barrett to fill the seat left vacant by Justice Ruth Bader Ginsburg’s death. Here’s what this means for our movement to win nationwide LGBTQ nondiscrimination protections.
Judge Barrett could be seated in time to hear the next landmark case for LGBTQ freedom: Fulton v. City of Philadelphia, which concerns whether a religious foster care agency can refuse to work with same-sex couples in violation of the nondiscrimination provisions of a City contract they voluntarily entered and received taxpayer funds to carry out.
The outcome in Fulton could have broad implications for enforcing existing nondiscrimination laws around the country. It could even undermine this year’s victory in Bostock v. Clayton County, which found that anti-LGBTQ workplace discrimination is prohibited sex discrimination.
Judge Barrett’s record on LGBTQ rights is limited but concerning. She has also associated with anti-LGBTQ groups like the Alliance Defending Freedom. That’s why we’re calling on her to be clear that equality and freedom for all Americans—including LGBTQ Americans—cannot be compromised.
Justice Ginsburg dedicated her life to that notion. She affirmed LGBTQ protections under the law in every legal milestone we have achieved, from striking down laws criminalizing our relationships, to winning the freedom to marry, to prohibiting, in Bostock, discrimination against us.
Judge Barrett will carry the weight of serving our country for generations. She must similarly embody a commitment to the words carved above the Supreme Court’s entrance: equal justice under law.
We’re pushing all public officials—in the courts, Congress and state legislatures—to commit to protecting LGBTQ people from discrimination. These commitments are critical for ensuring, ultimately, that LGBTQ Americans are protected from discrimination by comprehensive federal legislation like the Equality Act.
There’s a lot of work ahead, and we’re so glad to have you with us.