LGBT advot fear Brett Kavangh's vot on gay-rights issu - CBS News

Contents:

• KAVANGH C LANDMARK GAY RIGHTS S ARGUMENT ABOUT ABORTN RTRICTNS
• BRETT KAVANGH'S OPN ON GAY MARRIAGE IS BACKED BY A NOTOR ANTI-LGBTQ GROUP
• LGBTQ ADVOT FEAR KAVANGH’S VOT ON GAY-RIGHTS ISSU
• WHERE DO BRETT KAVANGH STAND ON LGBT RIGHTS? IT’S A MYSTERYJTICEHRC, LAMBDA LEGAL, AND OTHER LGBT RIGHTS GROUPS ARE TERMED TO UNVER ANYTHG PRINT TMP’S SCOTUS PICK'S RERD THAT WOULD REVEAL HIS TE VIEWS ON LGBT EQUALY.SAMANTHA ALLENUPDATED AUG. 23, 2018 12:15PM EDT / PUBLISHED AUG. 22, 2018 5:18AM EDT PHOTO ILLTRATN BY KELLY CAMERO/THE DAILY BEASTMOST LGBT PEOPLE E OUT. BRETT KAVANGH’S VIEWS ON LGBT PEOPLE, BY NTRAST, SEEM TO BE STAYG THE CLOSET.AS LGBT ADVOCY GROUPS SH TO BLOCK PRINT TMP’S SUPREME COURT NOMEE DURG THE BUILD-UP TO SEPTEMBER’S NFIRMATN HEARGS, THEY FACE A DILEMMA: THERE IS NO SGLE, FLAGRANTLY OBV LGBT-SPECIFIC LG KAVANGH’S HISTORY THAT THEY N POT TO AS PROOF HE WOULD BE A THREAT TO THE LGBT MUNY—AND YET THE FACT THAT THE JUDGE WAS APPROVED BY THE FERALIST SOCIETY SUGGTS HE ALMOST CERTALY WILL BE.“OUR BIG TASK AHEAD OF IS TO MAKE SURE WE’RE TG THE AMERIN PEOPLE ABOUT WHAT HIS RERD IS—AND WHAT WE DON’T KNOW ABOUT HIS RERD THAT WE NEED TO FD OUT,” DAVID STACY, GOVERNMENT AFFAIRS DIRECTOR FOR THE HUMAN RIGHTS CAMPAIGN, TOLD THE DAILY BEAST.A MAJOR PRRY FOR HRC, LAMBDA LEGAL, AND OTHER LGBT RIGHTS GROUPS D.C. IS UNVERG ANYTHG KAVANGH’S RERD THAT WOULD MORE DIRECTLY REVEAL HIS VIEWS ON LGBT EQUALY. THEIR MAJOR FOC SO FAR IS THE THREE-YEAR PERD OM 2003 TO 2006 THAT TMP’S NOMEE SPENT AS PRINT GEE W. BH’S WHE HOE STAFF SECRETARY—A PERD THAT KAVANGH ONCE SAID WAS “ MANY WAYS AMONG THE MOST STCTIVE” FOR HIS SUBSEQUENT JUDICIAL REER.THAT WAS A TIME PERD WHEN LGBT ISSU—LIKE SAME-SEX MARRIAGE, NON-DISCRIMATN PROTECTNS, AND DON’T ASK, DON’T TELL—WERE BEG HOTLY BATED.DURG KAVANGH’S TENURE AS STAFF SECRETARY, FOR EXAMPLE, THE BH WHE HOE SUPPORTED THE FERAL MARRIAGE AMENDMENT, WHICH WOULD HAVE MA SAME-SEX MARRIAGE ILLEGAL NATNWI BY FG MARRIAGE THE U.S. CONSTUTN AS “THE UNN OF A MAN AND A WOMAN.”DIRECTLY PRR TO THAT WDOW—WHEN KAVANGH WAS WORKG THE WHE HOE COUNSEL’S OFFICE—THE SUPREME COURT NSIRED THE SE LAWRENCE V. TEXAS, WHICH PERTAED TO THE LEGALY OF A TEXAS SODOMY BAN. “IT’S LIKE THE LOWT-PROFILE, MOST IMPORTANT ROLE THE FERAL ERNMENT A WAY. THEY’RE NEVER OUT THERE PUBLIC—AND YET EVERY PIECE OF PAPER THAT GO TO THE PRINT’S SK GO THROUGH THEIR SK” ALTHOUGH THE BH ADMISTRATN DID NOT SUBM AN AMIC BRIEF, LATER LLG THE ISSUE A “STATE MATTER,” THE LANDMARK SE WAS ALMOST CERTALY ON THE WHE HOE’S RADAR.KNOWG MORE ABOUT KAVANGH’S MUNITNS AROUND LGBT ISSU DURG THIS TIME PERD ULD HELP FILL NECSARY GAPS PUBLIC KNOWLEDGE ABOUT HIS STANCE, ADVOT SAY.“WE HAVE A BIG HUGE QUTN MARK ABOUT HIS TIME AS STAFF SECRETARY,” SAID STACY. “IT’S A VERY KEY ROLE. IT’S LIKE THE LOWT-PROFILE, MOST IMPORTANT ROLE THE FERAL ERNMENT A WAY. THEY’RE NEVER OUT THERE PUBLIC—AND YET EVERY PIECE OF PAPER THAT GO TO THE PRINT’S SK GO THROUGH THEIR SK.”THAT’S WHY, AS WDY CY TIM REPORTED, LGBT LEGAL ADVOCY GROUP LAMBDA LEGAL FILED SEVERAL FREEDOM OF INFORMATN ACT REQUTS MID-AUGT ASKG FOR ALL OF KAVANGH’S MUNITNS ON A RANGE OF LGBT ISSU, CLUDG “ANY EFFORT TO AMEND THE FERAL CONSTUTN TO FE MARRIAGE” [PDF], THE “LAWRENCE V. TEXAS SUPREME COURT PROCEEDGS” [PDF], FERAL HATE CRIME LEGISLATN [PDF], AND NON-DISCRIMATN PROTECTNS FOR FERAL EMPLOYE [PDF].SHARON MCGOWAN, LEGAL DIRECTOR FOR LAMBDA LEGAL, TOLD THE DAILY BEAST THAT THE FOIA REQUTS ARE “A TOOL THAT WE’VE BEEN FORCED TO E,” BUT NOT NECSARILY ONE THAT WILL PROVE TO BE A GAME-CHANGER THE KAVANGH NFIRMATN PROCS.“WE MAY NOT SEE THE DOCUMENTS,” SHE SAID. “THEY MAY E BACK A HIGHLY REDACTED FORM. WE’RE NCERNED THAT WE MAY NOT SEE THE DOCUMENTS ON A TIMEAME THAT ALLOWS TO ACTUALLY E THEM AS PART OF THE PUBLIC NVERSATN.”AS THE HILL REPORTED, REPUBLIN SEN. CHUCK GRASSLEY, WHO SERV AS JUDICIARY COMMTEE CHAIRMAN, SCHLED KAVANGH’S HEARG TO BEG ALMOST TWO MONTHS BEFORE THE NATNAL ARCHIV WOULD BE ABLE TO PRODUCE PAPERWORK ABOUT KAVANGH’S TIME THE WHE HOE COUNSEL’S OFFICE. “THERE ARE CLEARLY A LARGE NUMBER OF ISSU THAT WE ABSOLUTELY KNOW HE WAS VOLVED , WE HAVE ANOTHER TIER OF ISSU THAT PEOPLE THK HE WAS VOLVED , AND WE KNOW THOSE DOCUMENTS EXIST. THEY RAISE LGBTQ ISSU” AS FOR ANY DOCUMENTS ABOUT KAVANGH’S TIME AS STAFF SECRETARY, THE HILL NOTED, GRASSLEY HAS REFED TO ASK FOR THEM. THAT CISN HAS ANGERED DEMOCRATS—AND PROMPTED LGBT ADVOT TO WONR WHAT’S THE ARCHIVE.“WE’RE NOT ARGUG THAT EVERY SGLE DOCUMENT UNR THE SUN HAS TO BE MA AVAILABLE,” STACY SAID. “WHAT WE’RE SAYG IS THAT THERE ARE CLEARLY A LARGE NUMBER OF ISSU THAT WE ABSOLUTELY KNOW HE WAS VOLVED , WE HAVE ANOTHER TIER OF ISSU THAT PEOPLE THK HE WAS VOLVED , AND WE KNOW THOSE DOCUMENTS EXIST. THEY RAISE LGBTQ ISSU.”AS STANDS, QUTN MARKS AROUND KAVANGH’S RERD HAVE LEFT ROOM FOR DISAGREEMENT ABOUT HIS STANCE ON LGBT ISSU—EVEN WH THE MUNY.IN A RECENT FOX NEWS OPN PIECE, GREGORY T. ANGELO, EXECUTIVE DIRECTOR OF THE NSERVATIVE LGBT GROUP LOG CAB REPUBLINS, ARGUED THAT ALTHOUGH “SER QUTNS REMA REGARDG KAVANGH’S PERSPECTIVE ON LGBT LEGAL ISSU CURRENTLY PERLATG THROUGH THE FERAL URTS,” THE LGBT MUNY NOHELS “OW HIM AN OPEN MD.” ANGELO IS UNNVCED BY ASSERTNS OM THE HRC THAT KAVANGH’S OTHER LGS ON OTHER ISSU NECSARILY SUGGT AN ANTI-LGBT STANCE.“WHAT IS ASTONISHG IS THAT THE DOZEN PAG ISSUED BY THE HRC PATG KAVANGH AS AN ENEMY OF THE LGBT MUNY, THERE IS NOT A SGLE MENTN OF ANYTHG HE HAS DONE, SAID, OR WRTEN THAT ULD BE EVEN REMOTELY NSTED AS ANTI-LGBT,” ANGELO WR THE OP-ED.HE’S REFERRG TO A REPORT OM THE HRC ENTLED “BRETT M. KAVANGH: WRONG FOR LGBTQ PEOPLE, WRONG FOR THE SUPREME COURT,” WHICH THE ADVOCY GROUP NOT THAT “MUCH OF KAVANGH’S PUBLIC RERD ON LGBTQ ISSU REMAS NEEDLSLY CLOAKED OM PUBLIC REVIEW.”HOWEVER, THE HRC ARGU THAT THE JUDGE’S OTHER WRGS—ON ISSU LIKE REPRODUCTIVE RIGHTS, THE AFFORDABLE CARE ACT, AND DISCRIMATN—SUGGT THAT TMP’S NOMEE ULD “SIGNIFINTLY AND UNNECSARILY RHAPE NSTUTNAL DOCTRE AND NONDISCRIMATN PROTECTNS AS THEY APPLY TO LGBTQ PERSONS.”LAMBDA LEGAL HAS ALSO POTED TO A 2016 TAPE UNEARTHED BY MSNBC HOST RACHEL MADDOW WHICH KAVANGH SEEMS SPEAKS POSIVELY ABOUT LATE JTICE ANTON SLIA’S POSN THAT THE COURT SHOULDN’T HAVE CREATED “NEW RIGHTS” S LIKE OBERGEFELL V. HODG.“NEW RIGHTS” LANGUAGE G OUT OF KAVANGH’S MOUTH, MCGOWAN SAYS, SHOULD SEND CHILLS UP THE SP OF LGBT AMERINS, BEE “THAT HAS BEEN THE MOVE THAT HAS BEEN MA AGAST LGBT PEOPLE EVERY TIME WE HAVE SOUGHT ACCS TO THE FULL GUARANTE OF THE CONSTUTN.” (THE PRO-LGBT POSN OBERGEFELL, AFTER ALL, WASN’T THAT SAME-SEX MARRIAGE WAS NOT A FUNDAMENTALLY “NEW RIGHT”—BUT AN EXPANSN OF ACCS TO A PRE-EXISTG RIGHT THAT HAD BEEN UNFAIRLY NIED TO SAME-SEX UPL.) EVEN THEN, KAVANGH’S REMARKS ABOUT SLIA ARE NOT QUE DIRECT ENOUGH ORR TO FIVELY NCLU THAT THE NOMEE HIMSELF OPPOS OBERGEFELL. ARMED WH MORE EXPLIC MENTS, LGBT LEGAL ADVOCY GROUPS MIGHT BE ABLE TO MORE EFFECTIVELY DRAW ATTENTN TO WHAT THEY BELIEVE WOULD BE THE DANGERS OF A JTICE KAVANGH.AS PARED TO SOME OTHER NAM ON TMP’S SCOTUS SHORTLIST JUNE, KAVANGH’S RERD HAS GIVEN THOSE GROUPS TOUGHER MATERIAL TO CHEW ON. BUT BOTH THE HRC AND LAMBDA LEGAL SAY THEY ARE UNTERRED BY THE CHALLENGE. “WE KNOW ENOUGH ABOUT BRETT KAVANGH’S APPROACH TO THE LAW THAT I THK THAT HE GIV ENOUGH RMATN TO BE ABLE TO REALLY SOUND THE ALARM ABOUT WHAT HE WOULD DO TO LGBT JURISPNCE” “WELL, YEAH, IF HE HAD A BUNCH OF BAD S, ABSOLUTELY WOULD BE EASIER,” STACY TOLD THE DAILY BEAST. “ON THE OTHER HAND, LOTS OF JUDG DON’T HAVE RERDS, AND PEOPLE HAVE BEEN APPOTED TO THE COURT WHO HAVE NOT BEEN JUDG. YOU STILL HAVE TO LOOK AT THEIR PHILOSOPHY, YOU HAVE TO LOOK AT THEIR RERD, AT POLICY POSNS THEY HAVE TAKEN.”“FRANKLY, HIS JURISPNCE ON A NUMBER OF THGS IS SO CLOSELY RELATED TO THE LEGAL QUTNS THAT AFFECT LGBT PEOPLE THAT I DON’T NECSARILY THK THAT WE WOULD BE DIFFERENTLY POSNED IF WE HAD A NOMEE WH SOME SORT OF FLAMGLY HOMOPHOBIC OPN OUT THERE,” SAID MCGOWAN. “WE KNOW ENOUGH ABOUT BRETT KAVANGH’S APPROACH TO THE LAW THAT I THK THAT HE GIV ENOUGH RMATN TO BE ABLE TO REALLY SOUND THE ALARM ABOUT WHAT HE WOULD DO TO LGBT JURISPNCE.”LGBT ADVOT ARGUE THAT KAVANGH WOULD TAKE A STRICTLY ORIGALIST APPROACH TO THE CONSTUTN—AN APPROACH THAT MAY LEAD HIM TO LE UNFAVORABLY ON A NUMBER OF LGBT ISSU, MANY OF WHICH CENTER ON THE QUTN OF WHETHER OR NOR PROTECTNS ALREADY BAKED TO U.S. LAW—LIKE THE EQUAL PROTECTN CLSE OF THE FOURTEENTH AMENDMENT OR TLE VII OF THE 1964 CIVIL RIGHTS ACT—APPLY TO THE LGBT MUNY.BUT WHOUT ANT PARTICULAR SMOKG GUN, MCGOWAN SAYS THAT ’S UP TO GROUPS LIKE LAMBDA LEGAL TO “HELP NNECT THE DOTS” FOR AMERINS WHO MAY NOT BE AS WELL-VERSED THE JUDICIAL ISSU AS, SAY, A GROUP OF LGBT ATTORNEYS. THOSE DOTS CLU THE FACT THAT KAVANGH IS BEG SUPPORTED BY THE SOCIALLY NSERVATIVE HERAGE FOUNDATN—AND THE FACT THAT, AS AN APPELLATE JUDGE, HE WROTE A DISSENT A NTRACEPTN-RELATED SE WH LANGUAGE ABOUT “RELIG LIBERTY," WHICH ULD BE TERPRETED AS A HT THAT HE MIGHT BE AMENABLE TO ANTI-LGBT “RELIG EEDOM” ARGUMENTS.THIS WEEK, KAVANGH HAS BEEN TAKG MEETGS WH REPUBLIN AND DEMOCRATIC SENATORS ON CAPOL HILL—S-DOWNS THAT, SO FAR, HAVE PRODUCED NO NEW RMATN ON HIS LGBT VIEWS. WHEN THE NOMEE’S NFIRMATN HEARGS BEG ON SEPTEMBER 4, HE IS LIKELY TO FACE QUTNS ABOUT HIS VIEWS ON LGBT JURISPNCE, AMONG OTHER ISSU.BUT ALTHOUGH KAVANGH’S VIEWS ON LGBT ISSU REMA UNCLEAR, ONE THG IS CERTA: HE WILL PLAY AN ENORMO ROLE CIDG THE FUTURE OF LGBT RIGHTS THE UNED STAT. “WE’RE LOOKG AT 40 YEARS OF TMP VALU ON THE URT, WHICH SHOULD BE IGHTENG TO ALL OF ” WH KAVANGH POTENTIALLY REPLACG THE LATE JTICE ANTHONY KENNEDY, WHO WROTE THE LG OBERGEFELL AND SERVED AS THE CIDG VOTE OTHER LANDMARK LGBT EQUALY S, EVERYTHG IS AT STAKE, OM SAME-SEX MARRIAGE TO TRANSGENR PROTECTNS. AT 53, KAVANGH WILL LIKELY HAVE THE OPPORTUNY TO LE ON LGBT URT S FOR S.“WE’RE LOOKG AT 40 YEARS OF TMP VALU ON THE URT, WHICH SHOULD BE IGHTENG TO ALL OF ,” MCGOWAN TOLD THE DAILY BEAST.STACY, FOR HIS PART, HOP THAT, THE CURRENT BREAKNECK PACE OF THE DAILY NEWS CYCLE, THERE N BE ATTENTN PAID TO HOW A SUPREME COURT JTICE FEELS ABOUT ISSU THAT DIRECTLY IMPACT SOME 11 LN-PL AMERIN ADULTS.“THERE’S SO MUCH NOISE OUT THERE,” HE SAID. “LOTS OF THGS GOG ON. LOTS OF THGS TO BE OUTRAGED ABOUT. LOTS OF THGS TO BE NCERNED ABOUT. BUT FEW OF THOSE THGS, AT THE END OF THE DAY ARE GOG TO BE AS NSEQUENTIAL—AND MAYBE NONE OF THOSE THGS ARE GOG TO BE AS NSEQUENTIAL—AS THIS APPOTMENT.” SAMANTHA ALLEN
• LGBT ADVOT FEAR BRETT KAVANGH'S VOT ON GAY-RIGHTS ISSU
• SENATORS DEMANDG PRO-GAY STATEMENTS FROM KAVANGH REFE TO TAKE Y FOR AN ANSWER

KAVANGH C LANDMARK GAY RIGHTS S ARGUMENT ABOUT ABORTN RTRICTNS

However, cg two landmark gay rights s — Lawrence v. ”The lawyers who argued favor of gay rights the landmark LGBTQ s offered differg views on the validy of the argument by Kavangh, who was appoted 2018 by then-Print Donald Bonto, who argued on behalf of same-sex upl Obergefell v. ’ The end, ” she advot largely agreed wh Bonto, sayg that the landmark gay rights cisns Obergefell v.

Tmp's choice has left many LGBTQ advot on edge, and 's no wonr: Brett Kavangh's opn on gay marriage is backed by an anti-LGBTQ group. The Fay Rearch Council is a vol opponent of gay rights and has lled homosexualy "disgtg" and "unnatural.

" Kavangh has not aligned himself wh the group's strong anti-LGBTQ stance, and 's unclear what he thks about gay rights.

BRETT KAVANGH'S OPN ON GAY MARRIAGE IS BACKED BY A NOTOR ANTI-LGBTQ GROUP

"Though Kavangh’s rerd on gay rights is a "relatively blank slate, " as The Daily Beast lled , LGBT activists still worry Kavangh uld rtrict or overturn the gay muny's nstutnal right to marriage. While Kavangh's thoughts on same-sex marriage and gay rights are not transparent, you n certaly tell where anti-LGBTQ activists stand.

LGBTQ ADVOT FEAR KAVANGH’S VOT ON GAY-RIGHTS ISSU

Kavangh to the Supreme Court, gay Amerins have been among those most ncerned about the implitns of his past summer, the Human Rights Campaign lnched a “Stop Kavangh” vio hopg to enurage Amerins to exprs their disapproval of the judge. ), one of the more liberal members of Congrs on gay rights issu, took up their baton on Thursday when she qutned Kavangh about his views on the urt se that extend marriage rights to gay Amerins, known as Obergefell v. ] Breyer and Jtice [Elena] Kagan, the days of discrimatg agast gay and lbian Amerins, or treatg gay and lbian Amerins as ferr digny and worth, are over.

”And other advot for gay rights shared her pot.

In some ways, the 2016 printial electn pted whe evangelils and gay-rights activists agast one another, as both sis were hopg to have judg and jtic nomated that terpreted the law ways that protect the rights of their rpective many Amerins, the right to marry seems like settled law.

WHERE DO BRETT KAVANGH STAND ON LGBT RIGHTS? IT’S A MYSTERYJTICEHRC, LAMBDA LEGAL, AND OTHER LGBT RIGHTS GROUPS ARE TERMED TO UNVER ANYTHG PRINT TMP’S SCOTUS PICK'S RERD THAT WOULD REVEAL HIS TE VIEWS ON LGBT EQUALY.SAMANTHA ALLENUPDATED AUG. 23, 2018 12:15PM EDT / PUBLISHED AUG. 22, 2018 5:18AM EDT PHOTO ILLTRATN BY KELLY CAMERO/THE DAILY BEASTMOST LGBT PEOPLE E OUT. BRETT KAVANGH’S VIEWS ON LGBT PEOPLE, BY NTRAST, SEEM TO BE STAYG THE CLOSET.AS LGBT ADVOCY GROUPS SH TO BLOCK PRINT TMP’S SUPREME COURT NOMEE DURG THE BUILD-UP TO SEPTEMBER’S NFIRMATN HEARGS, THEY FACE A DILEMMA: THERE IS NO SGLE, FLAGRANTLY OBV LGBT-SPECIFIC LG KAVANGH’S HISTORY THAT THEY N POT TO AS PROOF HE WOULD BE A THREAT TO THE LGBT MUNY—AND YET THE FACT THAT THE JUDGE WAS APPROVED BY THE FERALIST SOCIETY SUGGTS HE ALMOST CERTALY WILL BE.“OUR BIG TASK AHEAD OF IS TO MAKE SURE WE’RE TG THE AMERIN PEOPLE ABOUT WHAT HIS RERD IS—AND WHAT WE DON’T KNOW ABOUT HIS RERD THAT WE NEED TO FD OUT,” DAVID STACY, GOVERNMENT AFFAIRS DIRECTOR FOR THE HUMAN RIGHTS CAMPAIGN, TOLD THE DAILY BEAST.A MAJOR PRRY FOR HRC, LAMBDA LEGAL, AND OTHER LGBT RIGHTS GROUPS D.C. IS UNVERG ANYTHG KAVANGH’S RERD THAT WOULD MORE DIRECTLY REVEAL HIS VIEWS ON LGBT EQUALY. THEIR MAJOR FOC SO FAR IS THE THREE-YEAR PERD OM 2003 TO 2006 THAT TMP’S NOMEE SPENT AS PRINT GEE W. BH’S WHE HOE STAFF SECRETARY—A PERD THAT KAVANGH ONCE SAID WAS “ MANY WAYS AMONG THE MOST STCTIVE” FOR HIS SUBSEQUENT JUDICIAL REER.THAT WAS A TIME PERD WHEN LGBT ISSU—LIKE SAME-SEX MARRIAGE, NON-DISCRIMATN PROTECTNS, AND DON’T ASK, DON’T TELL—WERE BEG HOTLY BATED.DURG KAVANGH’S TENURE AS STAFF SECRETARY, FOR EXAMPLE, THE BH WHE HOE SUPPORTED THE FERAL MARRIAGE AMENDMENT, WHICH WOULD HAVE MA SAME-SEX MARRIAGE ILLEGAL NATNWI BY FG MARRIAGE THE U.S. CONSTUTN AS “THE UNN OF A MAN AND A WOMAN.”DIRECTLY PRR TO THAT WDOW—WHEN KAVANGH WAS WORKG THE WHE HOE COUNSEL’S OFFICE—THE SUPREME COURT NSIRED THE SE LAWRENCE V. TEXAS, WHICH PERTAED TO THE LEGALY OF A TEXAS SODOMY BAN. “IT’S LIKE THE LOWT-PROFILE, MOST IMPORTANT ROLE THE FERAL ERNMENT A WAY. THEY’RE NEVER OUT THERE PUBLIC—AND YET EVERY PIECE OF PAPER THAT GO TO THE PRINT’S SK GO THROUGH THEIR SK” ALTHOUGH THE BH ADMISTRATN DID NOT SUBM AN AMIC BRIEF, LATER LLG THE ISSUE A “STATE MATTER,” THE LANDMARK SE WAS ALMOST CERTALY ON THE WHE HOE’S RADAR.KNOWG MORE ABOUT KAVANGH’S MUNITNS AROUND LGBT ISSU DURG THIS TIME PERD ULD HELP FILL NECSARY GAPS PUBLIC KNOWLEDGE ABOUT HIS STANCE, ADVOT SAY.“WE HAVE A BIG HUGE QUTN MARK ABOUT HIS TIME AS STAFF SECRETARY,” SAID STACY. “IT’S A VERY KEY ROLE. IT’S LIKE THE LOWT-PROFILE, MOST IMPORTANT ROLE THE FERAL ERNMENT A WAY. THEY’RE NEVER OUT THERE PUBLIC—AND YET EVERY PIECE OF PAPER THAT GO TO THE PRINT’S SK GO THROUGH THEIR SK.”THAT’S WHY, AS WDY CY TIM REPORTED, LGBT LEGAL ADVOCY GROUP LAMBDA LEGAL FILED SEVERAL FREEDOM OF INFORMATN ACT REQUTS MID-AUGT ASKG FOR ALL OF KAVANGH’S MUNITNS ON A RANGE OF LGBT ISSU, CLUDG “ANY EFFORT TO AMEND THE FERAL CONSTUTN TO FE MARRIAGE” [PDF], THE “LAWRENCE V. TEXAS SUPREME COURT PROCEEDGS” [PDF], FERAL HATE CRIME LEGISLATN [PDF], AND NON-DISCRIMATN PROTECTNS FOR FERAL EMPLOYE [PDF].SHARON MCGOWAN, LEGAL DIRECTOR FOR LAMBDA LEGAL, TOLD THE DAILY BEAST THAT THE FOIA REQUTS ARE “A TOOL THAT WE’VE BEEN FORCED TO E,” BUT NOT NECSARILY ONE THAT WILL PROVE TO BE A GAME-CHANGER THE KAVANGH NFIRMATN PROCS.“WE MAY NOT SEE THE DOCUMENTS,” SHE SAID. “THEY MAY E BACK A HIGHLY REDACTED FORM. WE’RE NCERNED THAT WE MAY NOT SEE THE DOCUMENTS ON A TIMEAME THAT ALLOWS TO ACTUALLY E THEM AS PART OF THE PUBLIC NVERSATN.”AS THE HILL REPORTED, REPUBLIN SEN. CHUCK GRASSLEY, WHO SERV AS JUDICIARY COMMTEE CHAIRMAN, SCHLED KAVANGH’S HEARG TO BEG ALMOST TWO MONTHS BEFORE THE NATNAL ARCHIV WOULD BE ABLE TO PRODUCE PAPERWORK ABOUT KAVANGH’S TIME THE WHE HOE COUNSEL’S OFFICE. “THERE ARE CLEARLY A LARGE NUMBER OF ISSU THAT WE ABSOLUTELY KNOW HE WAS VOLVED , WE HAVE ANOTHER TIER OF ISSU THAT PEOPLE THK HE WAS VOLVED , AND WE KNOW THOSE DOCUMENTS EXIST. THEY RAISE LGBTQ ISSU” AS FOR ANY DOCUMENTS ABOUT KAVANGH’S TIME AS STAFF SECRETARY, THE HILL NOTED, GRASSLEY HAS REFED TO ASK FOR THEM. THAT CISN HAS ANGERED DEMOCRATS—AND PROMPTED LGBT ADVOT TO WONR WHAT’S THE ARCHIVE.“WE’RE NOT ARGUG THAT EVERY SGLE DOCUMENT UNR THE SUN HAS TO BE MA AVAILABLE,” STACY SAID. “WHAT WE’RE SAYG IS THAT THERE ARE CLEARLY A LARGE NUMBER OF ISSU THAT WE ABSOLUTELY KNOW HE WAS VOLVED , WE HAVE ANOTHER TIER OF ISSU THAT PEOPLE THK HE WAS VOLVED , AND WE KNOW THOSE DOCUMENTS EXIST. THEY RAISE LGBTQ ISSU.”AS STANDS, QUTN MARKS AROUND KAVANGH’S RERD HAVE LEFT ROOM FOR DISAGREEMENT ABOUT HIS STANCE ON LGBT ISSU—EVEN WH THE MUNY.IN A RECENT FOX NEWS OPN PIECE, GREGORY T. ANGELO, EXECUTIVE DIRECTOR OF THE NSERVATIVE LGBT GROUP LOG CAB REPUBLINS, ARGUED THAT ALTHOUGH “SER QUTNS REMA REGARDG KAVANGH’S PERSPECTIVE ON LGBT LEGAL ISSU CURRENTLY PERLATG THROUGH THE FERAL URTS,” THE LGBT MUNY NOHELS “OW HIM AN OPEN MD.” ANGELO IS UNNVCED BY ASSERTNS OM THE HRC THAT KAVANGH’S OTHER LGS ON OTHER ISSU NECSARILY SUGGT AN ANTI-LGBT STANCE.“WHAT IS ASTONISHG IS THAT THE DOZEN PAG ISSUED BY THE HRC PATG KAVANGH AS AN ENEMY OF THE LGBT MUNY, THERE IS NOT A SGLE MENTN OF ANYTHG HE HAS DONE, SAID, OR WRTEN THAT ULD BE EVEN REMOTELY NSTED AS ANTI-LGBT,” ANGELO WR THE OP-ED.HE’S REFERRG TO A REPORT OM THE HRC ENTLED “BRETT M. KAVANGH: WRONG FOR LGBTQ PEOPLE, WRONG FOR THE SUPREME COURT,” WHICH THE ADVOCY GROUP NOT THAT “MUCH OF KAVANGH’S PUBLIC RERD ON LGBTQ ISSU REMAS NEEDLSLY CLOAKED OM PUBLIC REVIEW.”HOWEVER, THE HRC ARGU THAT THE JUDGE’S OTHER WRGS—ON ISSU LIKE REPRODUCTIVE RIGHTS, THE AFFORDABLE CARE ACT, AND DISCRIMATN—SUGGT THAT TMP’S NOMEE ULD “SIGNIFINTLY AND UNNECSARILY RHAPE NSTUTNAL DOCTRE AND NONDISCRIMATN PROTECTNS AS THEY APPLY TO LGBTQ PERSONS.”LAMBDA LEGAL HAS ALSO POTED TO A 2016 TAPE UNEARTHED BY MSNBC HOST RACHEL MADDOW WHICH KAVANGH SEEMS SPEAKS POSIVELY ABOUT LATE JTICE ANTON SLIA’S POSN THAT THE COURT SHOULDN’T HAVE CREATED “NEW RIGHTS” S LIKE OBERGEFELL V. HODG.“NEW RIGHTS” LANGUAGE G OUT OF KAVANGH’S MOUTH, MCGOWAN SAYS, SHOULD SEND CHILLS UP THE SP OF LGBT AMERINS, BEE “THAT HAS BEEN THE MOVE THAT HAS BEEN MA AGAST LGBT PEOPLE EVERY TIME WE HAVE SOUGHT ACCS TO THE FULL GUARANTE OF THE CONSTUTN.” (THE PRO-LGBT POSN OBERGEFELL, AFTER ALL, WASN’T THAT SAME-SEX MARRIAGE WAS NOT A FUNDAMENTALLY “NEW RIGHT”—BUT AN EXPANSN OF ACCS TO A PRE-EXISTG RIGHT THAT HAD BEEN UNFAIRLY NIED TO SAME-SEX UPL.) EVEN THEN, KAVANGH’S REMARKS ABOUT SLIA ARE NOT QUE DIRECT ENOUGH ORR TO FIVELY NCLU THAT THE NOMEE HIMSELF OPPOS OBERGEFELL. ARMED WH MORE EXPLIC MENTS, LGBT LEGAL ADVOCY GROUPS MIGHT BE ABLE TO MORE EFFECTIVELY DRAW ATTENTN TO WHAT THEY BELIEVE WOULD BE THE DANGERS OF A JTICE KAVANGH.AS PARED TO SOME OTHER NAM ON TMP’S SCOTUS SHORTLIST JUNE, KAVANGH’S RERD HAS GIVEN THOSE GROUPS TOUGHER MATERIAL TO CHEW ON. BUT BOTH THE HRC AND LAMBDA LEGAL SAY THEY ARE UNTERRED BY THE CHALLENGE. “WE KNOW ENOUGH ABOUT BRETT KAVANGH’S APPROACH TO THE LAW THAT I THK THAT HE GIV ENOUGH RMATN TO BE ABLE TO REALLY SOUND THE ALARM ABOUT WHAT HE WOULD DO TO LGBT JURISPNCE” “WELL, YEAH, IF HE HAD A BUNCH OF BAD S, ABSOLUTELY WOULD BE EASIER,” STACY TOLD THE DAILY BEAST. “ON THE OTHER HAND, LOTS OF JUDG DON’T HAVE RERDS, AND PEOPLE HAVE BEEN APPOTED TO THE COURT WHO HAVE NOT BEEN JUDG. YOU STILL HAVE TO LOOK AT THEIR PHILOSOPHY, YOU HAVE TO LOOK AT THEIR RERD, AT POLICY POSNS THEY HAVE TAKEN.”“FRANKLY, HIS JURISPNCE ON A NUMBER OF THGS IS SO CLOSELY RELATED TO THE LEGAL QUTNS THAT AFFECT LGBT PEOPLE THAT I DON’T NECSARILY THK THAT WE WOULD BE DIFFERENTLY POSNED IF WE HAD A NOMEE WH SOME SORT OF FLAMGLY HOMOPHOBIC OPN OUT THERE,” SAID MCGOWAN. “WE KNOW ENOUGH ABOUT BRETT KAVANGH’S APPROACH TO THE LAW THAT I THK THAT HE GIV ENOUGH RMATN TO BE ABLE TO REALLY SOUND THE ALARM ABOUT WHAT HE WOULD DO TO LGBT JURISPNCE.”LGBT ADVOT ARGUE THAT KAVANGH WOULD TAKE A STRICTLY ORIGALIST APPROACH TO THE CONSTUTN—AN APPROACH THAT MAY LEAD HIM TO LE UNFAVORABLY ON A NUMBER OF LGBT ISSU, MANY OF WHICH CENTER ON THE QUTN OF WHETHER OR NOR PROTECTNS ALREADY BAKED TO U.S. LAW—LIKE THE EQUAL PROTECTN CLSE OF THE FOURTEENTH AMENDMENT OR TLE VII OF THE 1964 CIVIL RIGHTS ACT—APPLY TO THE LGBT MUNY.BUT WHOUT ANT PARTICULAR SMOKG GUN, MCGOWAN SAYS THAT ’S UP TO GROUPS LIKE LAMBDA LEGAL TO “HELP NNECT THE DOTS” FOR AMERINS WHO MAY NOT BE AS WELL-VERSED THE JUDICIAL ISSU AS, SAY, A GROUP OF LGBT ATTORNEYS. THOSE DOTS CLU THE FACT THAT KAVANGH IS BEG SUPPORTED BY THE SOCIALLY NSERVATIVE HERAGE FOUNDATN—AND THE FACT THAT, AS AN APPELLATE JUDGE, HE WROTE A DISSENT A NTRACEPTN-RELATED SE WH LANGUAGE ABOUT “RELIG LIBERTY," WHICH ULD BE TERPRETED AS A HT THAT HE MIGHT BE AMENABLE TO ANTI-LGBT “RELIG EEDOM” ARGUMENTS.THIS WEEK, KAVANGH HAS BEEN TAKG MEETGS WH REPUBLIN AND DEMOCRATIC SENATORS ON CAPOL HILL—S-DOWNS THAT, SO FAR, HAVE PRODUCED NO NEW RMATN ON HIS LGBT VIEWS. WHEN THE NOMEE’S NFIRMATN HEARGS BEG ON SEPTEMBER 4, HE IS LIKELY TO FACE QUTNS ABOUT HIS VIEWS ON LGBT JURISPNCE, AMONG OTHER ISSU.BUT ALTHOUGH KAVANGH’S VIEWS ON LGBT ISSU REMA UNCLEAR, ONE THG IS CERTA: HE WILL PLAY AN ENORMO ROLE CIDG THE FUTURE OF LGBT RIGHTS THE UNED STAT. “WE’RE LOOKG AT 40 YEARS OF TMP VALU ON THE URT, WHICH SHOULD BE IGHTENG TO ALL OF ” WH KAVANGH POTENTIALLY REPLACG THE LATE JTICE ANTHONY KENNEDY, WHO WROTE THE LG OBERGEFELL AND SERVED AS THE CIDG VOTE OTHER LANDMARK LGBT EQUALY S, EVERYTHG IS AT STAKE, OM SAME-SEX MARRIAGE TO TRANSGENR PROTECTNS. AT 53, KAVANGH WILL LIKELY HAVE THE OPPORTUNY TO LE ON LGBT URT S FOR S.“WE’RE LOOKG AT 40 YEARS OF TMP VALU ON THE URT, WHICH SHOULD BE IGHTENG TO ALL OF ,” MCGOWAN TOLD THE DAILY BEAST.STACY, FOR HIS PART, HOP THAT, THE CURRENT BREAKNECK PACE OF THE DAILY NEWS CYCLE, THERE N BE ATTENTN PAID TO HOW A SUPREME COURT JTICE FEELS ABOUT ISSU THAT DIRECTLY IMPACT SOME 11 LN-PL AMERIN ADULTS.“THERE’S SO MUCH NOISE OUT THERE,” HE SAID. “LOTS OF THGS GOG ON. LOTS OF THGS TO BE OUTRAGED ABOUT. LOTS OF THGS TO BE NCERNED ABOUT. BUT FEW OF THOSE THGS, AT THE END OF THE DAY ARE GOG TO BE AS NSEQUENTIAL—AND MAYBE NONE OF THOSE THGS ARE GOG TO BE AS NSEQUENTIAL—AS THIS APPOTMENT.” SAMANTHA ALLEN

But to the gay muny, fears that the lg is anythg but cid are very real, nsirg the number of people who voted for Tmp wh the hope that he would appot judg who would overturn cisns popular wh more liberal Amerins. And many gay Amerins feared that judg would allow for further discrimatn agast gay people unr the guise of relig future is not clear for gay cizens’ abily to share the marriage rights that straight Amerins do. Kavangh’s non-answer likely reaffirmed the fears of gay Amerins and enuraged the nservative Christians who backed Tmp wh the hope that he would liver the urts to them.

For many years, Jtice Anthony Kennedy was the pivotal figure the legal stggle for gay equaly.

Evans (1996), the first Supreme Court cisn tablishg that the Constutn plac lims on the ernment’s abily to target gay or bisexual dividuals. Given his longtime role as the Court’s voice on gay rights, ’s temptg to thk of Kennedy as a stnch supporter of the rights (I e the word “gay” and not “LGBTQ” bee Kennedy’s four opns ncerned discrimatn on the basis of sexual orientatn and not genr inty). The rult is that Kennedy’s great gay rights cisns were poorly argued.

LGBT ADVOT FEAR BRETT KAVANGH'S VOT ON GAY-RIGHTS ISSU

By the mid-20th century, for example, many cy police forc employed “morals squads” that arrted hundreds of gay men every year.

In 1952, Congrs prohibed gay men and lbians om immigratg to the Uned Stat.

A year later, Print Dwight Eisenhower signed an executive orr barrg gay people om the feral workforce and requirg feral ntractors to discharge employe who engage “sexual perversn. Congrs did not lift the ban on gay immigrants until 1990. The ban on gay feral employe wasn’t fully lifted until 1998.

SENATORS DEMANDG PRO-GAY STATEMENTS FROM KAVANGH REFE TO TAKE Y FOR AN ANSWER

By adoptg the weaker unenumerated rights amework, other words, Kennedy tied gay rights to a legal regime that was already unr attack om the Court’s right flank.

Clayton County (2020), which held that existg civil rights laws prohib discrimatn agast LGBTQ employe, Kavangh nclud his Bostock dissent by clarg his rpect for the “extraordary visn, tenacy, and gr” of “gay and lbian Amerins” who’ve “worked hard for many s to achieve equal treatment fact and law.

And lawyers eager to ban marriage equaly or crimalize gay sex most likely start wh at least three jtic their pocket.