Archive for the ‘First Amendment’ Category

Giving back and speaking up: Meet the Philadelphia LGBTQ Bar Association – Pennsylvania Capital-Star

Stephen Kulp, Thomas Ude, Jr., Rebecca Levin Nayak, Gregory Yorgey-Girdy (Philadelphia Gay News photo collage).

By Victoria Brownworth

The import and impact of lawyers like those working under the rubric of the Philadelphia LGBTQ Bar Association is integral in the continuing fight for LGBTQ equity. This has never been more apparent nor more critical than now.

In the past decade, monumental legal cases have challenged and changed discriminatory policies and laws affecting LGBTQ people at all levels of society.

Among them have been landmark U.S. Supreme Court cases on same-sex marriage United States v. Windsorin 2013,Obergefell v. Hodgesin 2015, andBostock v. Clayton County, the 2020 anti-discriminationcasein which the Court held that Title VII of the Civil Rights Act of 1964 also protects gay and trans employees against employment discrimination.

More recently, in the case of Fulton v. City of Philadelphia, the U.S. Supreme Court found the City of Philadelphiaviolatedthe First Amendment rights to religious freedom of Catholic Social Services (CSS) when the City demanded CSS agree to certify same-sex couples as foster parents.

In2021, discrimination, hate crimes, custody issues, divorces and a plethora of other legal wrangles face LGBTQ people. The pandemic has heightened awareness of biases against LGBTQ people in healthcare, employment, housing and other venues. But where and how do queer and trans people search out an attorney if they need one sympathetic to their case and understanding of the problems and perils they face?

The plethora of issues that LGBTQ people face underscores the vital need for a group such as the Philadelphia LGBTQ Bar Association.

The history and growth of the group over the 35 years since its inception in 1986 runs parallel to the changes in the Philadelphia LGBTQ community as a whole. When the Philadelphia LGBTQ Bar Association was founded, it was as a group of 25 attorneys. As Philadelphia Attorneys for Human Rights (PAHR), the group advocated for the rights of the LGBTQ community in the greater Philadelphia area.

The group chose the ambiguity of that acronym during the apex of the AIDS crisis to protect the identities of its members, some of whom refused to receive communications from PAHR lest they be accidentally outed.

In 1992, PAHRs membership changed the organizations name to the Gay and Lesbian Lawyers of Philadelphia (GALLOP) and the group formally incorporated in 1997. The organizations role expanded quickly. GALLOP wrote, helped to write or co-signed amicus curiae briefs advocating for equal rights for LGBTQ people, including parental rights and marriage equality throughout the 1990s and 2000s.

In 2002 the National LGBT Bar Associations Lavender Law Conference was hosted by GALLOP, and now-judge Tiffany Palmer organized the first-ever Lavender Law Career Fair for students. That first career fair attracted 30 employers and around 200 students, but has since become a staple of Lavender Law that attracts over 175 employers annually.

In 2019 GALLOP changed its name to the Philadelphia LGBTQ Bar Association to fully include the diverse identities of its members. These name changes reflect the Philadelphia LGBTQ Bar Associations ongoing commitment to being forward-thinking and encouraging a diverse and inclusive group of LGBTQ+ leaders for tomorrow.

Diverse and inclusive it now is. In 2021, the Philadelphia LGBTQ Bar Association leadership is young, progressive and racially, ethnically and gender diverse, led by a millennial gay man of color, Stephen Kulp, who has chaired the organization since January 2021.

I am overwhelmed with gratitude to our members and our community for the privilege of serving as Chair of the Philadelphia LGBTQ Bar Association, Kulp told The Philadelphia Gay News.

But, says Kulp, there is hard and relentless work involved, as exemplified by the enumeration of recent legal battles.

As lawyers, we have a responsibility to be leaders in society, and as LGBTQ+ lawyers, we have a special responsibility to advocate for the entire LGBTQ+ community, Kulp said.

He added that although the organizations membership is now wholly out to the community, that carries its own burden. Kulp asserted, This work takes courage, bravery and a bit of grit. Our organizations success is a credit to the strength we have when we work together with purpose.

That advocacy is apparent in the work of the organizations Secretary, Gregory Yorgey-Girdy, who justwonhis judicial race on Election Day, becoming the first openly gay man in history elected as a judge on the Philadelphia Municipal Court.

For Yorgey-Girdy, his role at Philadelphia LGBTQ Bar Association has been part of a journey culminating in that election. He told PGN, Im honored to have received the number of votes I did in both the primary and general election, and if you voted for me I again thank you. I owe so much of this win to my husband, my kids, and a close circle of friends who supported me.

Yet many would argue Yorgey-Girdy owes that win primarily to the work he has done over years in Philadelphia work that has helped make the community a safer space to be someone like himself: a Black gay man with a husband and children.

Yorgey-Girdy said, As a board member and current Secretary, it has been my privilege to help the Philadelphia LGBTQ Bar Association grow as a highly respected voice in the legal community. It is an incredible responsibility to help lead our organization in achieving its goals and purpose.

As Legal and Public Policy Director for the Mazzoni Center, Thomas Ude, Jr., Vice-Chair of the Philadelphia LGBTQ Bar Association, is dealing with the healthcare aspects of LGBTQ discrimination that have impacted the community since the inception of then-PAHR. Ude told PGN, I have been excited to see the Bar Association continue to grow and develop programs to help attorneys and law students across Philadelphias LGBTQ+ communities connect with one another.

Ude said, I have been excited to work with Stephen, Becca [Levin Navak, Treasurer] and Greg on the executive board this year.

Yorgey-Girdy echoed Ude, noting, Our Chair, Stephen Kulp, has inspired folks to believe in the power our community holds and the limitless potential in the sum of us.

Kulp has taken that dictate very seriously and is, with the help of the executive board, propelling the organization forward. He said, When my peers elected me to lead this organization, I promised to advance diversity and inclusion in the profession to promote and celebrate our members so that everyone is valued and has equal opportunity to participate and succeed as LGBTQ+ law students, lawyers and judges.

Kulp asserted that his work and that of the organization has also been to create access for growth. He notes, Our organization provided our members access to diverse CLE (Continuing Legal Education) programs focusing on policy, advocacy, health and wellness, and DEI (Diversity, Equity and Inclusion) in the past year at no charge.

Among the things Kulp says the organization has done this year is create an atmosphere of support by supporting newly admitted LGBTQ+ lawyers at a ceremonial swearing-in ceremony with Hon. Idee Fox, presiding and Hon. Ann Butchart, Hon. Abbe Fletman and Hon. Daniel Anders celebrating these young lawyers from the bench.

Kulp said making people aware of the organization and its myriad goals is also key. Kulp said, We hosted town halls to hear from candidates running for Municipal Court, Court of Common Pleas and District Attorney. We are expanding new legal pathways for LGBTQ+ rights that honor the trailblazers that formed our organization in 1986. We have collaborated with the other affinity bar associations in Philadelphia and Pennsylvania and expanded our work with National Bar Associations to ensure LGBTQ voices had a seat at the table.

For Yorgey-Girdy, there is yet more to accomplish. He notes that less than a year ago I wasnt seriously considering a run for public office. But with the encouragement of my family, friends and the grace of God, I decided that Id launch a campaign.

Now Yorgey-Girdy represents another achievement of the organization by being elected a judge. He said, I look forward to serving all Philadelphians as a judge, and I will uphold my campaign promise of doing what I can internally within the First Judicial District to be an agent of change from within.

Kulp says, Our diversity makes our organization unique. We give back to our community through pro bono initiatives that seek to protect those at the intersection of sexuality, race, age and gender.

He adds that it is essential to ensure we speak on behalf of the minorities within a minority. All of this is building blocks towards advocacy.

To learn more about the Philadelphia LGBTQ Bar Association visit:philalgbtqbar.org/.

Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site.

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Giving back and speaking up: Meet the Philadelphia LGBTQ Bar Association - Pennsylvania Capital-Star

Dershowitz: "I Hope Rittenhouse Sues CNN," "Have To Be Held Accountable For Abusing First Amendment And Lying" – RealClearPolitics

Law professor Alan Dershowitz told Fox News host Sean Hannity he hopes Kyle Rittenhouse sues CNN following his acquittal on Friday. Dershowitz said he would assist by sharing his "research about CNN with Rittenhouse and his lawyers."

"Critics and people who support the conviction just heard a different case," Dershowitz said. "They heard a case of a white supremacist crossing state lines with an AR-15 who had no business being in the place that he went to. Who went for no good reason, who was not chased and had no fear for his life."

"That's what CNN told their viewers," Dershowitz said. "I hope that Rittenhouse sues CNN. I want to make an offer. I will share my research about CNN with Rittenhouse and his lawyers. As you know, I am suing CNN because they totally distorted and edited a tape of my defense of President Trump. They have a policy, a history of distorting facts in order to present a narrative."

"I think that you have to distinguish between opinions and facts," he said. "You can't sue somebody for calling Rittenhouse a vigilante. That's an opinion. But you can sue them for saying he crossed state lines with an illegal weapon or that he was a white supremacist. And I do think, although I am a strong supporter of the first amendment, that CNN and others have to be held accountable for abusing the First Amendment and lying about individuals, and creating an expectation of a conviction in a case where there was no realistic possibility of a conviction for anybody who actually saw the trial live on television."

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Dershowitz: "I Hope Rittenhouse Sues CNN," "Have To Be Held Accountable For Abusing First Amendment And Lying" - RealClearPolitics

Leaked HHS Memo Reveals Biden Admin Seeks to Strip Americans of Religious Protections – CBN News

A leaked memo from the Department of Health and Human Services (HHS) reveals plans by the Biden administration to make changes to Americans' First Amendment rights and other religious liberty protections.

The internal memo describes plans to "sign delegation of authority on the Religious Freedom Restoration Act (RFRA) and religion clause of the First Amendment" to the Office for Civil Rights (OCR).

It's a move that Oklahoma Republican Sen. James Lankford believes will undo religious liberty protections and disregard the First Amendment.

"I am an outspoken advocate for religious liberty, and I have a very 'negative reaction' to this Administration ignoring the First Amendment and failing to protect Americans of conscience," he wrote in a statement. "Americans do not support President Biden and his team's absolute lawlessness when it comes to upholding Americans' Constitutional rightsincluding our right to freely live our faith."

The memopenned by Lisa J. Pino, director of the OCRdoes not deny there will be pushback if enacted.

"The action will likely be well-received among civil rights advocates and litigators, as well as groups advocating for the separation of church and state," the memo reads.

"Groups who share the prior Administration's broad view of the application of RFRA or who will interpret this action as an indication that the Department is abdicating its responsibility for compliance with RFRA will likely issue strong negative reactions," it continues. "This includes members of Congress who have been outspoken about OCR's conscience and religious freedom activities and who have repeatedly asked questions about changes to OCR's organizational structure and legal authorities."

The memo recommends HHS Secretary Xavier Becerra sign the action as soon a possible.

Becerra has claimed he supports religious liberty. During his narrow Senate confirmation, 50-49, he promised to uphold religious protections.

"I believe deeply in religious freedom, and I will make sure that as Secretary of HHS that you will know that I will not only respect the law when it comes to these issues of religious freedom, but I will enforce them as Secretary of HHS within my department," he said in February.

BECERRA: Nurses Forced to Help with Abortions - GOP Lawmakers Say HHS Secretary 'Sabotaging Federal Conscience Protections'

But Lankford, who did not support Becerra's confirmation, has cited his concern with the secretary's hostility toward conscience protections and lack of experience to lead the agency.

"This action from HHS means that the Office for Civil Rights will no longer uphold the civil rights of religious Americans," Lankford wrote. "HHS clearly intends to go back to the days of light to no enforcement of the law that protects the rights of people of any faith."

Liberty Counsel Founder and Chairman Mat Staver told CBN News that RFRA is a major legal obstacle stopping the Biden administration from enforcing the federal COVID-19 mandate.

"Certainly the federal government can't force it. And moreover, they're not even considering religious freedom," he said. "They're pretending that the First Amendment and the federal Religious Freedom Restoration Act just don't exist."

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Leaked HHS Memo Reveals Biden Admin Seeks to Strip Americans of Religious Protections - CBN News

Letters to the Editor: Nov. 26, 2021 – TCPalm

Treasure Coast Newspapers

Funny that Star Parker, in her Nov. 12 column, says our country keeps moving left. The 13 colonies were strung along the right side of this continent.

Then Americans went looking for free land beyond the Appalachians, after first the Brits cleared out the French and Indians at great expense.

Then further left across the Mississippi, and over two more mountain ranges to the Pacific, and even across the other ocean to Hawaii and the Philippines.

Parker is worried about government expanding fiscally into peoples lives. Yet the U.S. Constitution sure seems to give the government a whole lot of powers to do stuff, as long as there are regular accountings, and it is done fairly.

Our founding fathers seemed way more worried about religion taking control. See the very First Amendment. Read George Washington. But here goes Parkerinsisting we accept biblical values.

The first part of the Bible tells us to be stewards of His creation. Conserve means save, doesnt it?

Parker asserts that Republicans have grown more conservative.So how can they demand more drilling for oil, more mining for mineralsand continuingto clear cut trees?

The Tower of Babel is in the Bible too, warning us not to try to search for heaven. Yet former President Donald Trump increased spending for NASA to $42 billion a year, while cutting the budgets of so many government entities that do take care of planet Earth.

Was it Republican Gov. Rick Scott who poured more concrete on the beach for Space Florida? What kind of toxins are going into our air and water?

Florida Republicans still continue to refuse to expand Medicaid, for 10 years now. Brings to mind the biblical tale of the Pharaoh hardening his heart.

War is over, if we want it, John Lennon said. Do we?

Helen Frigo, Jensen Beach

Taxpayer dollars are being used to build a security wall costing more than$445,000 around President Joe Bidens $2.7-million-dollar beach house in Rehoboth Beach, Delaware.

Biden chose to keep himself safe and secure, but canceled contracts to complete the southern border wall that would assist in keeping Americans safe and secure.

Biden has not visited the southern border to evaluate the continuation of constructing the border wall to enhance security and safety for Americans.

This is just another example of Biden's belief for me, but not for thee.

The southern border with Mexico has seen the highest level of border crossings by illegal migrants in 35 years. According to The New York Times, migrants were encountered 1.7 million times in the last 12 months, the highest number of illegal crossings recorded since at least 1960.

Data released by U.S. Customs Border Protection revealed that in August, 208,887 illegal migrants were apprehended trying to enter our country through the southern border.

American citizens living in Texas cities that border with Mexico have not felt safe and secure with the entry of thousands of illegal migrants at the southern border.

Another large caravan of migrants is passing through Mexico traveling to the southern border and Biden has not addressed the issue with the American people.

Biden has ignored the safety and security of American citizens while he used taxpayer dollars to secure his own safety. A president should advocate to protect and secure the safety of American citizens.

Pam Ouellette, Jensen Beach

Childrens play teachesessential skills

Childrens play serves many purposes and provides an excellent vehicle for learning. As teachers, we can guide the development of social-emotional competence by using different strategies.

Play materials can support and challenge childrens abilities. Play promotes problem solving and appropriate risk taking. Play provides appropriate responsibilities and meaningful jobs in the classroom or at home.

Play helps children express their feelings and resolve conflicts in constructive ways. Play supports children as they interact with one another. Play supports childrens memory development.

Play teaches turn-taking and sharing, and models cooperation. Play helps children detect and interpret cues about how other people feel.

Play is also linked to self-regulation skills, memory development, language and literacy skills, math skills, positive approaches to learning, and social skills.

Purposeful, engaging play also supports character development. Character development is about building good habits and habits take time to form. As our kids are playing, they are building character.

Courage: Courage involves making good choices, developing our skills and doing what is right;

Resilience: Grit involves sticking with something until you succeed. It gives us the strength to try, try again;

Responsibility: Means being dependable, making choices, and taking accountability for your actions;

Honesty: Honesty means we are truthful in what we say and do. It means people can rely on us;

Compassion: Means we care about others, treat them with kindness and feel a strong desire to help people in need;

Gratitude: Involves both feelings and expressing our thankfulness. Show our appreciation for others. Know how and when to say thank you.

Through imagination, creativity and music children learn the key skills necessary for school and life.

Alma Collins, Fellsmere

If Gov. Ron DeSantis thinks northerners and Canadians are flocking to Florida because of your schools, roads, etc., created by his Trumpian politics, his incredible ego needs a cold dose of reality. We come to Florida for one thing the warm weather!

Paul Kozel, Jensen Beach

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Letters to the Editor: Nov. 26, 2021 - TCPalm

Supreme Court will hear Boston flag case that pits First Amendment religious liberty clauses against each other – Baptist News Global

The U.S. Supreme Court has agreed to hear a case this term that pits the two religious liberty clauses of the First Amendment against each other on a flagpole.

At issue is a request by a Christian civic group, Camp Constitution, for the City of Boston to allow a Christian flag to fly on one of two City Hall flagpoles commonly used by civic groups and movements. The city offers groups the opportunity to fly their flags briefly on the two poles to encourage civic engagement.

To date, the city has allowed at least 284 private organizations to raise their flags and never had turned down a request until Camp Constitution asked to fly what is commonly known as the Christian flag a white background with a blue square at the upper-left corner containing a red cross. The group wanted to fly the flag for about an hour on Constitution Day 2017, to commemorate Constitution Day and the civic and cultural contributions of the Christian community to the city of Boston, the Commonwealth of Massachusetts, religious tolerance, the rule of law and the U.S. Constitution.

Flags previously flown on the poles include the flags of various countries, a Juneteenth flag,the LGBTQ rainbow pride flag and the transgender rights flag.

Camp Constitutions request was denied because the group wanted to fly the flag of a single religion, which city leaders feared would place them in violation of the First Amendments Establishment Clause, which says government may not give preferential treatment to one religion over other religions.

On the other hand, Camp Constitution claims the city denied its First Amendment rights to free exercise of religion the other half of the First Amendments religious liberty statement.

There is no evidence the city had been asked previously to fly the flag of any other single religion, although Camp Constitutions attorneys point out that they had flown the Turkish flag, which depicts the Islamic star and crescent, and the Portuguese flag, which uses religious imagery.

In January, the First U.S. Circuit Court of Appeals sided with the city, which argued that the flagpole is not a public forum, the citys raising of a third-party flag is government speech, and the city can choose the views it wants to express. The appeals court supported the original ruling of a federal judge who first heard the case.

Camp Constitution appealed that January ruling to the Supreme Court, which chose the case from among hundreds of other cases denied hearing.

Americans United for Separation of Church and State was among the first religious liberty watchdog groups to urge the Supreme Court to reject Camp Constitutions claim, noting the case, Shurtleff v. Boston, could significantly endanger religious freedom and church-state separation.

Americans United President Rachel Laser said: The separation of church and state is the constitutional principle that guarantees everyones right to religious freedom and to be treated equally under the law. To protect this core American principle and to respect the religious diversity that defines our country, the Supreme Court should not force the City of Boston to fly a Christian flag at city hall.

Forcing the city government to fly a Christian flag on its property would not only undermine the foundational principle of church-state separation, it would play right into the hands of Christian nationalists who want the government to force everyone to live by their beliefs threatening everyones religious freedom and widening inequality in our communities and country, she added.

Camp Constitution is being represented by Liberty Counsel, an evangelical Christian ministry active in pursing religious liberty cases, especially those focused on free exercise claims.

We look forward to the U.S. Supreme Court hearing Bostons unconstitutional discrimination against Camp Constitutions Christian viewpoint, said Liberty Counsel Founder and Chairman Mat Staver. The city cannot deny the Christian flag because it is Christian and allow every other flag to fly on its flagpoles. There is a crucial difference between government endorsement of religion and private speech, which government is bound to respect. Censoring religious viewpoints in a public forum where secular viewpoints are permitted is unconstitutional and this case will set national precedent.

Related articles:

On religious liberty views and other issues, theres still a wide gap between evangelicals and the rest of America

Religious liberty is being hijacked: expressing our faith responsibly within the civic realm | Opinion by Molly Marshall

BJC offers timely answers to questions about religious liberty

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Supreme Court will hear Boston flag case that pits First Amendment religious liberty clauses against each other - Baptist News Global