“The North Carolina legislature has overridden the veto of Democratic Gov. Roy Cooper and passed multiple laws specifically targeting trans youth on issues including gender-affirming care, sports, and education. It’s the latest of several states with GOP-led legislatures to approve such bills, and it highlights how Republicans are continuing to make these policies central to their platform ahead of 2024.”
“The government may not compel someone to “create speech she does not believe,” the Supreme Court ruled this morning. In a 6–3 opinion authored by Justice Neil Gorsuch, the Court sided with a graphic designer, Lorie Smith, who wanted to expand into the wedding-website business without being forced by Colorado law to create products celebrating same-sex marriages.
Back in 2021, the U.S. Court of Appeals for the 10th Circuit found that the planned websites would each constitute “an original, customized creation,” designed by Smith “using text, graphics, and in some cases videos” with a goal of celebrating the couple’s “unique love story.” As such, it said they “qualify as ‘pure speech’ protected by the First Amendment.” The lower court admitted that Smith was willing to provide her services to anyone, regardless of race, religion, or sexual orientation, so long as the substance of the project did not contradict her values. It also recognized that “Colorado’s ‘very purpose’ in seeking to apply its law to Ms. Smith” was to stamp out dissenting ideas about marriage. Despite all of that, incredibly, the 10th Circuit held that the state government was within its authority to compel her to create such websites against her will.”
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“The ruling in 303 Creative LLC v. Elenis is neither as narrow nor as broad as it (theoretically) could have been. The Court didn’t do away with public accommodations, or businesses prohibited from discriminating against customers on the basis of characteristics such as skin color or national origin. It did note that “no public accommodations law is immune from the demands of the Constitution” and that “public accommodations statutes can sweep too broadly when deployed to compel speech.” (The Colorado law was guilty in this instance.)
The high court also didn’t establish a right for any and every business owner to decline to provide services for same-sex weddings—only those whose services involve expressive activity. Whether a particular service (say, cake baking) is expressive will have to be litigated case by case.
But the majority did decide Smith’s case by appealing to free-expression precedents rather than religious-liberty ones. In other words, the justices didn’t say that the faith-based nature of Smith’s beliefs about marriage entitled her to an exemption. Presumably, a secular person with moral or factual objections to expressing a particular message would receive all the same protections as a Christian or Muslim objecting on religious grounds. As it should be.”
“In 2018, 38 bills were introduced at the state level that targeted LGBTQ+ rights in one way or another. So far this year,2 411 anti-LGBTQ+ bills have been introduced, representing an almost 11-fold increase in just five years.
The majority (53 percent) of the 2018 bills were religious exemptions, which are bills that allow people or businesses to discriminate against others based on sexual orientation or gender identity if those characteristics violate their religious beliefs. For example, a bill in Oklahoma would have allowed individuals to deny services or goods that would have been used to “promote, advertise, endorse or advocate for a specific marriage, lifestyle or behavior,” if that marriage/lifestyle/behavior went against their religious beliefs.
In recent years, though, state lawmakers have expanded their ambitions, introducing a wider variety of anti-LGBTQ+ bills. There have been bills to ban books, bills to repeal bans on conversion therapy and bills to create a religious-based legal category of marriage that excludes same-sex couples. The most common types of legislation this year have been school restrictions (which include things like limiting classroom discussions of sexuality and gender), which account for 33 percent of anti-LGBTQ+ bills introduced in 2023, and health care restrictions (such as prohibiting trans kids from receiving gender-affirming care), which account for 27 percent. By contrast, religious exemptions were down to 8 percent of the bills introduced this year.”
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“The vast majority of these bills don’t become law. Between 2018 and today, 88 to 97 percent of anti-LGBTQ+ bills introduced did not become law. And of those that did, many have been challenged in and even overturned by the courts. But as the raw number of these bills has increased, so too has the number becoming law: In 2018, just two anti-LGBTQ+ bills were ultimately signed into law. So far this year, 51 have become law.”
“DeSantis wants us to believe that preventing a dietician, a property manager, or a professor from buying property in Florida, based purely on their national origin and non-immigrant status, somehow strikes a blow against “the Chinese Communist Party” and “crack[s] down on Communist China.” But it is hard to see why innocent people should suffer for the crimes of an oppressive regime they left behind.”
“Uganda is one of several African nations where it is illegal to be queer; the nation enacted its Anti-Homosexuality Act in 2014, which allowed for life imprisonment for some homosexual acts between consenting adults, and codified the repression of LGBTQ Ugandans. That legislation was annulled in court in 2014, though homosexuality was still illegal per previous law, according to a Human Rights Watch report.”
“The members of the church, also known as the Mayflower Church, were granted refugee status by the U.N. agency after their arrival in Thailand last year. They say they faced unbearable harassment in China and are seeking asylum in the United States.”
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“Human Rights Watch issued a statement on Saturday urging the Thai government not to deport the group due to “the grave dangers facing Christians back in China.”
In its annual report last year, the United States Commission on International Religious Freedom said the Chinese Communist Party requires religious groups to support its rule and political objectives, including by altering their religious teachings to conform with the party’s ideology and policy. “Both registered and unregistered religious groups and individuals who run afoul of the CCP face harassment, detention, arrest, imprisonment, and other abuses,” the commission said.”
“the federal law that prohibits sex-based discrimination in education is getting a radical overhaul that will gut critical due process protections for students accused of sexual misconduct.
Education Secretary Miguel Cardona touted the new proposals as necessary revisions to Trump-era rules that reasserted the need for colleges and universities to treat both parties to a sexual misconduct dispute fairly and equally. The Biden administration has apparently embraced the idea—one promoted by many progressive victims’ advocacy groups—that the rules propagated by previous Education Secretary Betsy DeVos made it too difficult to file sexual misconduct claims; Cardona’s proposals would substantially revert Title IX compliance to the Obama-era standards, under which hundreds of students allege that they were wrongfully expelled from college following adjudication procedures that were manifestly unfair.”