Category Archives: Transgender

Ben Carson’s “Judeo-Christian Nation” Vision Threatens Housing Equality

Today, former Presidential candidate Ben Carson is appearing before the Senate Judiciary Committee for a hearing on his nomination to become Secretary of the Department of Housing and Urban Development, or HUD. HUD is the federal agency tasked with administering and overseeing a wide range of vital housing programs and services, with a budget of over $32 billion. It is also the agency responsible for enforcing the federal Fair Housing Act, or FHA, which prohibits discrimination on the basis of race, color, religion, sex, familial status, or national origin, in the selling, renting or securing of funds for a dwelling.

Throughout his campaign for President, Carson argued that he would ground his role as a government official in his own religious principles—which he contends do not require him to protect the rights of lesbian, gay, bisexual, transgender and queer, or LGBTQ, people or Muslim communities, among other groups. Carson’s confirmation as Secretary of HUD would call into question whether this important role as HUD Secretary will be faithfully executed and whether the agency will continue to adequately protect those whose existence Carson deems to be in conflict with a properly organized “Judeo-Christian nation.

LGBTQ Communities

Despite the fact that the Supreme Court has made clear that the Fourteenth Amendment of the Constitution requires states to license marriage certificates to same-sex couples, Carson has stated emphatically that he does not support same-sex marriage, calling it an “extra right” and the LGBTQ people seeking it, “abnormal.” During his run for president, he strongly supported Kim Davis, the infamous Kentucky county clerk who refused to issue marriage licenses to same-sex couples, arguing that LGBTQ people should not be able to force their “way of life upon everybody else.” He has also asserted that Congress should fire federal judges who support marriage equality and pass a law to nullify the Supreme Court’s marriage equality decision, comparing LGBTQ people to those who practice bestiality and pedophilia.

Carson has also stated numerous times that transgender people’s desire to be legally recognized as their authentic selves is the “height of absurdity,” and should not be forced upon “normal people” by “secular progressives.” He also claims that gender is a biological fact, grounded in both biblical and genetic truths, despite contrary consensus from the country’s leading medical associations and the lived reality of actual transgender people.

Muslim Communities

Carson’s brand of biblical governance also distorts the lived experiences of Muslim Americans, despite his alleged commitment to religious freedom and liberty. Leading Muslim American groups have widely questioned the impact of Carson’s statements about Islam on his ability to govern fairly.

For example, in response to questions on whether he would support having a Muslim president, Carson claimed that “Muslims feel that their religion is very much a part of [their] public life and what [they] do as a public official, and that’s inconsistent with our principles and our Constitution,” going on to say he would not support a Muslim President unless they disavow their faith.  During a speech at Iowa University, Carson claimed that Islam is actually not a religion, but is instead “a life organization system” that has an “apocalyptic vision.”

These statements exist, ironically, in tandem with his insistence that “it is absolutely vital that we do all we can to allow Americans to practice their religious ways, while simultaneously ensuring that no one’s beliefs infringe upon those of others.”

Significant Gains May be Lost

Carson’s potential confirmation, and insistence on misunderstanding or ignoring constitutional and legislative protections for vulnerable communities, is both dangerous and will likely damage the protective framework created by the Fair Housing Act and regulations promulgated by HUD under the Obama administration.

For example, in 2012 HUD released urgently needed regulations to ensure LGBTQ people have equal access to housing and housing services, and in 2016, it extended those protections to emergency homeless shelters that were not previously covered.  These policies have been important not only because of the high rates of discrimination that LGBTQ people,  particularly transgender people of color, experience in housing, but also because LGBTQ people can still be denied housing and shelter in most states, absent federal protections from HUD. Further, Muslim Americans also report experiencing significant discrimination in housing, and under the Obama administration, both HUD and agencies including the Department of Justice, have been committed to forming partnerships to combat Islamophobia.

As Secretary of HUD, Carson would have the power to nullify and dismantle anti-discrimination gains made under the Obama administration. He would also have the ability to significantly weaken enforcement of the Fair Housing Act, and his statements indicate that he is likely to do just that for communities he deems unworthy of equal protection.

Religious Discrimination Removed from National Defense Bill

In a briefing with reporters on Tuesday, a Congressional aide confirmed that the final version of the National Defense Authorization Act (NDAA) will not contain what has come to be known as the “Russell Amendment.” The Amendment would have required the Federal Government and all of its agencies to allow federally-contracted religious organizations and associations to discriminate against current and potential employees when those employees do not share their employers’ religious beliefs or adhere to the tenets of their employers’ religion. These exemptions already exist in private employment contexts, but the Amendment would have codified the requirement for all federally-contracted programs, which collectively employ approximately 28 million people, or more than 20 percent of the American workforce.

Although this is a positive development for those concerned with the potential consequences of the Amendment, the aide indicated that its removal is directly related to “new paths” that have opened up to address the Amendment’s intended purpose, indicating a related stand-alone bill may be introduced in the near future.  Steve Russell, a member of the U.S. House of Representatives from Oklahoma, attached the contentious amendment to the NDAA in May, and it passed narrowly in a late night House vote. Today, that Amendment seems to have been stripped from the bill’s current version, which will likely come up for a floor vote on Friday.

Opponents of the Amendment claim that, had it passed, it would have been a direct and intentional threat to a 2014 Executive Order signed by President Obama (EO 13672), which prohibits federal contractors and sub-contractors from engaging in employment discrimination on the basis of a worker’s sexual orientation or gender identity.  EO 13672 amended an earlier Executive Order signed by President Lyndon Johnson in 1965—which has been enforced by subsequent Administrations—prohibiting federal contractors from discriminating against their employees on the basis of religion, sex, race, and national origin.

Proponents of the Amendment argued that the measure would simply reinforce the current legal status quo, by incorporating exemptions for religious organizations found within Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA), both of which do provide limited nondiscrimination exemptions to religious organizations—but neither of which clearly apply in the context of federal contractors.

As opponents of the Amendment rightly point out, had it passed, the law would have undermined existing federal nondiscrimination protections not only for lesbian, gay, bisexual, transgender and queer (LGBTQ) workers and communities, but also for communities of color, people living with disabilities, immigrant communities, women and gender non-conforming people, people of faith or no faith who hold different views than their employers, and others who would otherwise be protected under Title VII, the ADA, or other nondiscrimination regulations that federal agencies have already promulgated.

For example, under this Amendment, an organization, using federal funds, might refuse to hire a transgender person simply by claiming that their identity and non-conformity to certain sex stereotypes did not meet a tenet of that employer’s religion—namely, that if a person is assigned a particular sex at birth, they must have a particular gender identity or set of gender expressions. While the Supreme Court has ruled clearly that employment discrimination on the basis of sex stereotyping is a violation of Title VII—and the Equal Employment Opportunities Commission and federal courts have confirmed this applies to transgender and gender non-conforming people—the Amendment would have created a broad exemption for all federal contractors that fall under the exemption, without guidance on how existing nondiscrimination protections might be threatened or undermined.

Furthermore, proponents failed to address the unique constitutional concerns that arise under the Establishment Clause when government funds, as opposed to private funds, are used to promote and endorse religion and further discriminatory behavior against third parties. In this case, job applicants or current employees of religious organizations could have been directly harmed.

Although the removal of the Russell Amendment is welcome news to those concerned with its consequences, given the recent election outcome and the current list of proposed Presidential appointments, similar legislative and administrative efforts seem inevitable in the immediate future and over the next several years.