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Judge Kavanaugh Refuses to Condemn Discrimination In Hearing

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Ash Orr (they/he)

Trump's nominee dodged basic questions about the rights of LGBTQ Americans.

In heated exchanges with several Senators, Trump’s nominee to a lifetime appointment on the Supreme Court would not stand up for the rights of LGBTQ Americans.

In an exchange with Sen. Cory Booker, Kavanaugh refused to say whether it is illegal— or even immoral—to fire someone simply for being LGBTQ. Citing ongoing litigation, Kavanaugh flatly refused to reveal his views on the employment rights of tens of millions of Americans. 

The litigation mentioned by Kavanaugh likely includes the case of Aimee Stephens, a Michigan woman who won a strong victory in federal court after she was fired from her job of six years after she came out as transgender. Last month, 16 states asked the Supreme Court to overturn Ms. Stephens’ case and allow employers to legally fire transgender people.

In a separate exchange with Sen. Kamala Harris, the Judge also refused to answer questions about Obergefell v. Hodges, the Supreme Court’s historic case affirming the right of same-sex couples to marry. Though willing to agree with several other landmark court rulings, he refused to say that any landmark LGBTQ equality case was correctly decided. 

The judge also dodged questions from other senators on his involvement in efforts by the George W. Bush White House to promote employment discrimination and enact a Constitutional amendment banning same-sex marriage nationwide.

Mara Keisling, executive director of the National Center for Transgender Equality, condemned Kavanaugh’s evasions:

“We are starting to understand what Judge Kavanuagh is hiding. His silence on these basic rights is a deep betrayal of tens of millions of Americans. There is no more fundamental right than the right to have a job, and Judge Kavanaugh’s failure to support that basic value proves he is a direct threat to the well-being of 2 million transgender people and their families. Allowing Judge Kavanaugh to have a lifetime seat on the Supreme Court would be nothing short of a moral failure to defend the rights of all Americans to live, love, and prosper without prejudice or fear.”
 

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