Photo: Barack Obama. Credit: Christopher Dilts/Obama for America.
A coalition of 130 LGBT or allied organizations is urging President Obama to rescind a memo from George W. Bush’s administration that they claim has been used to justify taxpayer-funded discrimination.
In a letter addressed to Obama, the groups say the memo in question, which was issued in 2007 by the Office of Legal Counsel, “reaches the erroneous and dangerous conclusion that the Religious Freedom Restoration Act of 1993 (RFRA) provides a blanket override of a statutory nondiscrimination provision.”
Signatories of the letter include Americans United for Separation of Church and State, the American Civil Liberties Union, Gay & Lesbian Advocates & Defenders, the Human Rights Campaign, and a variety of religious and civil rights groups.
“RFRA was intended to provide protection for free exercise rights, applying strict scrutiny, on a case-by-case basis, to federal laws that substantially burden religious exercise,” the coalition’s letter reads. “RFRA was not intended to create blanket exemptions to laws that protect against discrimination. Yet, in contrast to this, the OLC Memo relies on flawed legal analysis and wrongly asserts that RFRA is ‘reasonably construed to require’ a federal agency to categorically exempt a religiously affiliated organization from a grant program’s explicit statutory nondiscrimination provision, thus permitting the grantee to discriminate in hiring with taxpayer funds without regard to the government’s compelling interest in prohibiting such discrimination.”
One of the ramifications of the Bush-era OLC memo is that it is being used to permit religiously-affiliated organizations that receive Violence Against Women Act (VAWA) funds to use religion as one criterion when hiring employees, despite VAWA’s clear prohibitions against such discrimination. The coalition also says the memo’s broad interpretation is being used to undercut Obama’s executive order barring contractors from discriminating LGBT workers. Lastly, the coalition argues, some grantees and contractors are trying to extend the memo’s reach beyond hiring, citing the memo to create a blanket exemption justifying their refusal to provide certain services or referrals, such as medical care for unaccompanied immigrant children who have suffered sexual abuse.
“The Bush-era policy is based on faulty legal assumptions and is being used to put the government in the business of funding discrimination,” said David Stacy, government affairs director for the Human Rights Campaign. “By rescinding this flawed memo, President Obama can make clear that taxpayer money cannot be used for unjust discrimination — period. The President has an unprecedented legacy of advancing fairness and equality for the LGBT community, and with the limited time he has remaining in office, we urge him to solidify that legacy by taking action on this critically important issue.”
The coalition concluded its letter asking Obama to carefully review and correct the interpretation of and extent to which RFRA applies.
“Contrary to the conclusion in the OLC Memo, RFRA is not a tool to categorically override statutory protections against religious hiring discrimination,” the groups write. “Nor does it create an absolute free exercise right — without regard to countervailing compelling interests, as required by RFRA — to receive government grants without complying with applicable regulations that protect taxpayers and participants in federally funded programs. We accordingly request that the OLC Memo be reviewed and its erroneous and dangerous interpretation of RFRA be reconsidered as soon as possible.”
Two college students in Indonesia have been sentenced to be publicly caned for engaging in same-sex relations.
The couple, aged 24 and 18, were arrested on November 7, 2024, after neighborhood vigilantes in the city of Banda Aceh, who suspected them of being gay, broke into their rented room to find them naked and hugging each other.
The lead judge, Sakwanah, said that the two students were "legally and convincingly" proven to have had gay sex -- which is forbidden under Sharia law -- and would thus be caned, receiving 85 and 80 lashes, respectively.
"During the trial it was proven that the defendants committed illicit acts, including kissing and having sex," she said. "As Muslims, the defendants should uphold the Sharia law that prevails in Aceh."
Not for anything I've said over the course of our lively hour-long phone interview one recent Saturday, but for this magazine's past transgressions.
This issue, you see, marks Cho's fourth appearance on a Metro Weekly cover in three decades, and I'm sheepishly begging forgiveness for how we handled the previous headlines, bastardizing her last name for the sake of a pun.
"Cho-Zen."
"On With the Cho."
"Cho Girl."
"It's all good," she laughs, taking it in stride. One thing about Margaret Cho is that she doesn't offend easily, if at all.
It takes two to tango, with good reason -- add one, and the footwork gets way more intricate, to say nothing of where all the other parts go. An adventurous couple and an enthusiastic third try out their footwork, and stumble through the dance, in the Brooklyn-set queer indie Throuple, a notable feature debut for director Greyson Horst.
Michael Doshier wrote the script and stars as perpetually single singer-songwriter Michael, who lives too co-dependently with best friend and fellow musician Tristan (Tristan Carter-Jones). She's getting more and more serious with her girlfriend Abby (Jess Gabor), so, essentially, Michael's already playing third wheel in their relationship.
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
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