Death in Chechnya

On Easter Sunday, prayers for the persecuted gays in Chechnay and throughout the world. Via the Huffington Post:

Chechen police are snaring gay men by posing as gays looking for dates on social media sites, then arresting the victims and using the contact lists on their phones to discover more closeted gays. Once in jail, forced into dark cells so small they can’t even lie down, the men are mercilessly beaten in various ways, including having to run through a gauntlet of twenty men wielding bats aimed at the victims from the waist down.

Some who survive are released to their families, a move that is usually a death sentence. Chechnya is a hotbed of Islamic honor killings, usually of young women, but of gay men as well. When gay Chechens who’ve somehow remained alive get out of jail, they are often taken by their male relatives to remote places to be killed and buried. No one even searches for them.

Good to see this tweet from a GOP senator, linking to a Washington Post story:

Of course, there also is still much of this.

More.


A GOP Bill to Ban Anti-LGBT Employment Discrimination Won’t Happen (IMHO)

Via the Washington Blade, a look at the chances of Republicans moving an LGBT anti-discrimination bill.


I agree that Donald Trump might sign a reasonable workplace anti-discrimination bill, and I had forgotten that House Speaker Paul Ryan was a co-sponsor of the Employee Non-Discrimination Act (ENDA), which the Democrats failed to move forward when during the first two years of the Obama presidency they controlled the White House and had supermajorities in Congress.

But I don’t think a Log Cabin-backed measure will go anywhere in the current political climate. For one thing, the establishment (i.e., Democratic) LGBT lobbies won’t support a bill that’s limited to employment discrimination and which includes reasonable religious exemptions. Without the support of the Human Rights Campaign, no Democrats will be on board.

The column’s author, Malcolm Lazin, executive director of the Equality Forum and LGBT History Month, says he would back such as measure. But he’s nevertheless dismissive of efforts to balance the competing rights of employment nondiscrimination and religious freedom, as if the latter was nothing but a right-wing ploy—a popular assertion by secular progressive who assign no value to constitutional protections against being forced by the state to violate deeply held religious convictions because, after all, only our rights matter.

Circuit Split

The U.S. 7th Circuit Court of Appeals in Chicago ruled that anti-gay workplace bias is unlawful under Title VII of the Civil Rights Act of 1964, reversing an earlier decision from a three-judge panel. As the Washington Blade reports, in a 8-3 decision the court found “discrimination based on sexual orientation constitutes discrimination based on one’s perception of gender stereotypes, which the U.S. Supreme Court has determined is unlawful under Title VII.”

As I blogged last month, a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ruled 2-1 that Title VII of the Civil Rights Act, which prohibits workplace discrimination based on a variety of factors including sex, doesn’t protect against workplace discrimination based on sexual orientation.

Unless the full 11th Circuit Court follows the 7th Circuit’s lead and reverses last month’s panel ruling, it Looks like this will be headed to the U.S. Supreme Court, where Justice Kennedy may again be the swing vote.

As I said before, Title VII has already been stretched so far beyond its original intent, to say it can be stretched no further seems arbitrary.

More. An interesting observation from The Volokh Conspiracy site:

The interesting opinion here is not the majority…. It’s Judge Flaum’s. He makes a novel and extremely clever argument (at least to me) to explain why discrimination against homosexuals is sex discrimination using mixed motive theory.

Title VII prohibits me from firing someone for a mix of good and bad reasons (“mixed motives”). So if I fire you because you’re a woman who is bad at your job, but don’t fire men who are equally bad at their jobs, I have violated the law–even though part of the reason for the firing is that you are bad at your job, a lawful (indeed, laudable) reason to fire someone.

Flaum’s innovative observation is to point out that firing someone for homosexuality means that I am firing them based upon TWO facts, not one: the person is 1. a woman who 2. is attracted to women. (Or 1. a man who 2. is attracted to men.) Voila– whether fact number 2 is a prohibited characteristic or not under the law is irrelevant, because firing someone based on fact number 1 is most definitely illegal, and firing someone for a mix of legal and illegal motives is also illegal.

Flaum’s a conservative’s conservative. When he is going out of his way to explain to conservatives the obvious errors of the “sexual-orientation-isn’t-sex” line of argument, it’s time to pack it in.

A Compromise in the Bathroom War

Walter Olson writes:

The new compromise is being met with peals of outrage from some of the predictable ultras on both sides. But it looks to me like a more careful attempt to respect the legitimate rights of both sides than we’ve seen in this controversy up to now.

One problem with ordinances that require restrooms and locker rooms to be open to all regardless of gender, in an effort to end discrimination against transgender men and women, is that you get situations like this: Large Burly Man’ Lurking in Disney Ladies’ Room Should Make Everyone Stop and Think:

If this had been 5 years ago, you bet your ass every woman in there would’ve been like, “Ummm what are you doing in here?”, but in 2017? The mood has shifted. We had been culturally bullied into silenced. Women were mid-changing their baby’s diapers on the changing tables and I could see them shifting to block his view. But they remained silent. I stayed silent. We all did. Every woman who exited a stall and immediately zeroed right in on him…said nothing. And why? B/c I and I’m sure all the others were scared of that “what if”. What if I say something and he says he “identifies as a woman” and then I come off as the intolerant asshole at the happiest place on earth? So we all stood there, shifting in our uncomfortableness…trading looks. I saw two women leave the line with their children. Still nothing was said. An older lady said to me out loud, “What is he doing in here?” I’m ashamed to admit I silently shrugged and mouthed, “I don’t know.” She immediately walked out, from a bathroom she had every right to use without fear.

The Census Brouhaha

Meghan Maury, of the Criminal and Economic Justice Project at The LGBTQ Task Force, emails:

The Trump Administration is trying to make us invisible by excluding LGBTQ people from the 2020 Census and the American Community Survey (ACS). This is yet another attack on LGBTQ people’s freedom, justice, and equity.

Please sign our petition to the Trump Administration to demand that they reverse their decision not to collect data about LGBTQ people and their families.

We cannot allow LGBTQ lives to be erased! If the government doesn’t know how many LGBTQ people live in our country, how can it do its job to ensure we’re getting fair and adequate access to the rights, protections, and services we need?

[Request for donation]

Gregory T. Angelo, head of the Log Cabin Republicans, emails:

How many more times can the Gay Left cry wolf?

The latest outrage du jour? Word that the 2020 Census will not include a question demanding survey respondents out themselves as gay or transgender.

Nevermind — the fact that outing is always wrong . . .

Nevermind — the fact that the Census has never included any LGBT questions in its history . . .

Nevermind — the fact that the Census recommendations were made by an Obama appointee . . .

In this era of hot takes and fake news, there’s nothing quite like a clickbait headline to set the wheels of The Liberal Outrage Machine™ whirring with breathless exasperations about anything and everything GOP.

It’s possible to have a good-faith debate about the size and scope of the federal Census, but half-truths and a lefty-media blame game in which everything Republicans do is bad and the Democrats are the sole arbiters of good is a disservice to journalism and a disservice to our republic.

[Request for donation]

Guy Benson tweets:


Walter Olson has more:

Double Standards All Round

Gay fashion guru Carson Kressley, formerly of TV’s “Queer Eye for the Straight Guy,” was asked by Washington, D.C.’s Metro Weekly about designers who have publicly refused to dress the First Lady Melania Trump in protest against her husband. Kressley’s response:

“Designers are artists and many of them have very strong political views. That’s the beauty of our country. If you don’t want to work with somebody, you don’t have to. I think it’s well within their rights to say no. I don’t think it’s disrespectful. It’s just a personal choice.”

Hmmm. If only LGBT progressives would recognize that same right for photographers, bakers and other creative types.

The New York Post reports that Guy wearing Trump hat sues bar for refusing to serve him. I don’t think the bar did the right thing as a matter of fairness and civility, but I also think suing for service is a bad idea.

The Post further reports that:

A manager said he spoke to the bar owner, and was told, “Anyone who supports Trump or believes what you believe is not welcome here. And you need to leave right now because we won’t serve you!,” according to the suit.

I’d argue this is murkier than cases where business owners are operating out of religious belief and not political pique, but I still think the Trump supporter shouldn’t go running to the state to punish the bar owner.

Yet how many on the left who think the bar did the right thing, or at least had the right to do so, also believe that government should force caterers and wedding planners to provide their services to same-sex weddings?

Competing Headlines

Take One

Anti-LGBT adoption bill sent to South Dakota governor. (State law allows adoption agencies to discriminate against same-sex couples.)


Liberals Call SD Religious Freedom Adoption Law ‘Anti-LGBT’
. (State law allows religious nonprofits to follow principles of their faith.)

Honorable Mention:

LGBTQ Advocates Fear ‘Religious Freedom’ Bills Moving Forward in States. (Count on NPR online to use scare quotes around a pivotal constitutional right that’s out of favor on the left.)

Take Two

Amid Dramatic Cuts, HIV/AIDS Funding Spared in New Trump Budget. (Despite our best efforts, we really couldn’t spin this as anti-LGBT; a source does say “What’s unknown is how this might affect a whole range of other programs that provide HIV support.”)

GOP health plan’s ‘devastating’ impact on those with HIV. (One way or another, Trump will imperil the HIV-positive.)

Honorable Mention:

Trump budget slashes State Department, USAID funding. (One of the revolving marquee headlines this weekend at Washington Blade online, apparently for no reason other than AID at first glances looks like AIDS.)

Court: Title VII Prohibits Discrimination Against Transgender People, Not Gays and Lesbians

Earlier this week, AP reported that “in a setback for gay rights advocates hoping for an expansion of workplace discrimination protections,” a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ruled 2-1 that Title VII of the Civil Rights Act, which prohibits workplace discrimination based on a variety of factors including sex, doesn’t protect against workplace discrimination based on sexual orientation.

In 2011, the 11th Circuit ruled that discrimination against a transgender employee did amount to unlawful sex discrimination under Title VII because the individual faced discrimination based on her behavior not conforming to gender stereotypes. In its new ruling, the court clarified that discrimination against an individual who is undergoing a gender transition is based on behavior while discrimination against an employer for being gay or lesbian is based on “status.”

The 11th Circuit ruling follows a decision in which a three-judge panel of the 7th Circuit in Chicago last July upheld a lower court’s dismissal of a similar case trying to extend Title VII to include sexual orientation.

LGBT rights groups had hoped these rulings would go their way and “would mark a significant step forward for gay rights,” the AP reported. And indeed, if the courts had extended Title VII to include sexual orientation it would have avoided the need to pass federal legislation like the overly broad Equality Act, which seeks to amend Title VII to prohibit discrimination based on sexual orientation and gender identity while decreeing that existing Title VII exemptions based on religious belief may not be used as a defense in suits charging anti-LGBT discrimination.

“Sex discrimination” under Title VII was clearly meant to apply to discrimination based on physical sex, so it seems to makes some sense that it could apply to transgender men and women facing discrimination but not to gay men and lesbians. There is only so far you can stretch an existing statute to try to make it do something it was never meant to do (although that doesn’t stop progressives from trying). However, it does mean that transgender people have far more legal protections under federal law than do gay, lesbian and bisexual people.

We were told we couldn’t pass the Employee Non-Discrimination Act (ENDA) with only sexual orientation (which had the votes in Congress) and not gender identity (which did not), and so ENDA fell by the wayside. The Equality Act is a fundraising ploy that has no chance of passing in a Republican congress, and would face opposition from some African-American legislators who don’t want to meddle with the Civil Rights Act if the Democrats again take power.

But I don’t see transgender activists saying they won’t accept their court-provided protections under Title VII because they also don’t extend to LGB folks.

More. From the comments, “Will” writes:

Seems to me if you face discrimination because you’re a man who has sex with men (or desires to), and being sexual with a man is something that is stereotypically female behavior, then why wouldn’t that be discrimination against a gay man for “behavior not conforming to gender stereotypes” as prohibited under Title VII?

And

Once the courts expanded Title VII to include “gender nonstereotypical behavior”—which was quite a stretch of the statute, and arguably without foundation—I don’t know how they can find that Title VII protections cover trans people but not gays/lesbians.

On reflection, those do seem like good points. Having stretched Title VII so far beyond its original intent, to then say it can be stretched no further seems arbitrary.

Warring over Teens and the “T”

Miriam Ben-Shalom, a lesbian Army Reserve veteran who was the first person the Pentagon reinstated for being discharged under “Don’t Ask, Don’t Tell,” sharply criticized those who encourage trans children and adolescents to transition before they are adults, the Washington Blade recently reported.

“As a teacher I care about my students and I believe it’s abuse,” said Ben-Shalom. “In this culture you cannot vote until you’re 18. You can’t drink until you’re 21. You can’t have a credit card of your very own that you applied for until you’re after 18 years of age. How the hell is it that you’re going to allow kids in kindergarten and 11-year-olds take all kinds of chemicals?”

There’s some merit in this, as studies show that some children who identify as transgender stop doing so once through puberty, when they may start to see themselves as gay young men or lesbian young women instead (as referenced in an earlier post).

Somewhat more problematically, the story continues:

“I don’t care if a biological male wants to wear a dress and put on a wig and put on make up,” she said. “That’s his choice and as long as whatever he does doesn’t hurt another human being and whatever else he does is with a consenting adult human being, I don’t have a problem with it. I don’t care.”

“I do have a problem with their insisting that they’re something that they are not,” added Ben-Shalom.

The Blade notes that organizers of the Milwaukee Pride Parade last year invited Ben-Shalom to serve as their grand marshal. They rescinded the invitation after they discovered “anti-trans” comments that she had posted to her Facebook page (Ben-Shalom denies she is transphobic).

In Texas, controversy is swirling around high school wrestler Mack Beggs, born female but who identifies as male and is taking testosterone that has increased his muscle bulk. Under Texas policy, he must compete in women’s wrestling, where’s he’s winning handily, and some say posing a physical threat to the girls he’s going up against (performance-enhancing drugs don’t bar one from Texas high school competition if they have been prescribed by a physician). According to press reports:

In an interview with ESPN this weekend, the 17-year-old junior discussed being forced to wrestle girls when he would rather wrestle boys, how it felt to win a state title, and what he thought of those who felt he shouldn’t be allowed to compete in high school sports at all. The prep governing body, the University Interscholastic League, passed a rule in 2016 that uses a student’s birth certificate to determine student athlete participation in sports.

“It’s not like I’m doing this because I want to, like, call myself a boy and just dominate all these girls,” Beggs told ESPN. “What do I get out of that? I don’t get anything out of that. I was put in this position. Change the laws and then watch me wrestle boys.”

This week, Beggs won the girls regional championship after a female opponent forfeited the match.

Virginia high school student Gavin Grimm, born female but who now identifies as male, is suing to use the boys restroom and locker room. The school district offered him a private restroom and changing area, which he rejected. The Supreme Court has remanded the case to be reheard by a lower court after President Trump rescinded Obama’s order that students nationwide be able to use public school facilities based on how they gender identify.

I can’t find the cite, but I recall reading about another high school transgender teen boy, born female, who was requesting to use the boys restroom, except that he was more comfortable using the girls restroom when he was menstruating.

The left’s response, to let anyone use any restroom and locker room based on how they self-identify, isn’t going to work. The right’s response, to limit intimate facilities to birth certificate gender, isn’t going to work. This is a social issue that will have to be played out over time and through the courts. While I hope reasonableness prevails, the history of the culture wars doesn’t particularly lead to optimism.

If You’re Pro-Gay but Offend Progressives, You’re ‘Anti-Gay’

An ugly and violent protest at Middlebury College in Vermont kept scholar and author Charles Murray from addressing students and put him in danger—students tried to overturn his car as he left, and they physically assaulted the professor who had agreed to serve as the event moderator, pulling her hair and twisting her neck; she emerged from a hospital emergency room wearing a neck brace.

Murray had come to discuss his ground-breaking book about class in America, Coming Apart (reviewed here by the New York Times), which contends that the white working class is, literally, falling apart while the wealthy elites profit mightily. He draws a distinction between residents of what he calls “Fishtown,” who are down and out of work, and those of “Belmont,” who are getting richer.

You might think this would be an interesting topic to discuss and question him about given recent political developments that caught the left off-guard, but the students decided otherwise, shouting Murray down as a “white nationalist.” This was apparently triggered by Murray’s 1994 study The Bell Curve, in which he argued, as the New York Times review above puts it, that “that those with high I.Q.’s have replaced the old WASP elite in a modern economy that rewards brains over bloodlines.” And yes, he presented data on I.Q. distribution by factors including race. The findings and their accuracy were not at issue (although the objectivity of the I.Q. test itself has been debated). Following the angry response that The Bell Curve received from the left, in Coming Apart Murray looked only at the white working class and elites.

(Last year, Murray responded to distortions being spread about The Bell Curve by those who’ve never read it.)

Here’s why I’m blogging this. As noted in a roundup of press reports by the Unz Review:

Several groups in the audience stood as Murray began to speak. They turned their backs and spoke over him. Single voices merged into a call and response that included “Who is the enemy? White supremacy,” and “Charles Murray go away. Racist. Sexist. Anti-gay.”

Here’s the deal: Murray has been an advocate of marriage equality within conservative circles, even making the case for recognizing same-sex marriage at CPAC, as the New Yorker reported.


Whatever anyone might think of Murray’s arguments on I.Q. and economic success in modern America, he is certainly not “anti-gay.” The Middlebury students, ignorant as they are, just assumed he was.

Also, I liked the Unz Review commenter who noted: “The children of Belmont don’t want to hear about the woes of Fishtown.” Indeed.

More. In response to those alleging that the students seeking to prevent Murray from speaking were possibly small in number or outside agitators, in the comments below Josh remarks that “none of the students are reported to have responded by shouting back ‘let him speak,’ did they.”

Also, prior to his speaking, “More than 600 Middlebury College students and faculty have signed a letter to President Laurie Patton condemning the invitation of Charles Murray to speak at the college….”

Furthermore. From Murray’s own account of the event, which clarifies that he had been invited to speak by a small group of conservative students:

About a week before the event, plans for protests began to emerge, encouraged by several faculty members. Their logic was that since I am a racist, a white supremacist, a white nationalist, a pseudoscientist whose work has been discredited, a sexist, a eugenicist, and (this is a new one) anti-gay, I did not deserve a platform for my hate speech, and hence it was appropriate to keep me from speaking. …

Some were just having a snarky good time as college undergrads have been known to do, dancing in the aisle to the rhythm of the chants. But many looked like they had come straight out of casting for a film of brownshirt rallies. In some cases, I can only describe their eyes as crazed and their expressions as snarls. Melodramatic, I know. But that’s what they looked like. …

I didn’t see it happen, but someone grabbed Allison’s hair just as someone else shoved her from another direction, damaging muscles, tendons, and fascia in her neck. I was stumbling because of the shoving. If it hadn’t been for Allison and Bill keeping hold of me and the security guards pulling people off me, I would have been pushed to the ground. That much is sure. What would have happened after that I don’t know, but I do recall thinking that being on the ground was a really bad idea, and I should try really hard to avoid that. …

The pressure to refrain from suspending and expelling large numbers of students will be intense. Parents will bombard the administration with explanations of why their little darlings are special people whose hearts were in the right place. Faculty and media on the left will urge that no one inside the lecture hall be penalized because shouting down awful people like me is morally appropriate.

A progressive education.

Finally, Prof. Stanger’s account of the attack.

Ok, one more addendum. Andrew Sullivan writes:

They then expel the heretic in a unified chant: “Hey hey, ho ho! Charles Murray has got to go.” Then: “Racist, Sexist, Anti-gay. Charles Murray, Go away!”

Murray’s old work on IQ demonstrates no meaningful difference between men and women, and Murray has long supported marriage equality. He passionately opposes eugenics. He’s a libertarian. But none of that matters. Intersectionality, remember? If you’re deemed a sinner on one count, you are a sinner on them all. …

The final climactic chant is “Shut it down! Shut it down!” It feels like something out of The Crucible. Most of the students have never read a word of Murray’s — and many professors who supported the shutdown admitted as much. But the intersectional zeal is so great he must be banished — even to the point of physical violence.

Along similar lines: