Over 180 LGBTQ+ groups strongly oppose Amy Coney Barrett’s confirmation to the Supreme Court, which is expected Monday.
In a letter organized by the Human Rights Campaign, LGBTQ+ advocacy groups warn that replacing the late liberal Justice Ruth Bader Ginsburg with Coney Barrett would reshape SCOTUS “in ways that may cause lasting harm to LGBTQ people and other vulnerable groups.” Coney Barrett, a staunch originalist, is a former mentee of Justice Antonin Scalia, whom the letter notes was “one of the most conservative justices ever to sit on our nation’s high court, and one who consistently voted against LGBTQ people in every LGBTQ rights case decided by the court during his tenure.”
“With all that is at stake for LGBTQ people, we urge you to take seriously your responsibility to ensure that the Supreme Court remains a forum that is genuinely open to all, committed to the principles of equality and justice for all, and a bulwark against tyranny, the scapegoating of vulnerable groups, and the abuse of public power,” the organizations wrote.
The seven page letter, published Friday, was co-signed by 185 organizations, including BiLaw, Black Trans Women Inc., Campaign for Southern Equality, GLAAD, Lambda Legal, Lesbians Who Tech & Allies, National Black Justice Coalition, National Queer Asian Pacific Islander Alliance, QLatinx, and the Trans Law Center.
A vote on Coney Barrett’s appointment will take place at approximately 7:30 p.m. Eastern Time today, and she is widely expected to be confirmed by the Republican-controlled Senate, where the GOP holds a 53-47 majority. Although Democrats hoped that Senators like Lisa Murkowski, Mitt Romney, Susan Collins, and Lamar Alexander would help stonewall the vote by voting against seating her to the bench, all but Collins have backed her. Murkowski, who originally signaled her intent to oppose the confirmation, flip-flopped in a public statement released Saturday.
“I believe that the only way to put us back on the path of appropriate consideration of judicial nominees is to evaluate Judge Barrett as we would want to be judged — on the merits of her qualifications,” Murkowski said. “And we do that when that final question comes before us. And when it does, I will be a yes.”
Critics warn that pushing through Coney Barrett, who is 48, just eight days before the 2020 election would give Republicans a 6-3 majority that could imperil LGBTQ+ rights for years to come. During questioning before the Senate, the Seventh Circuit Court justice dodged a question regarding whether she would vote to overturn Obergefell v. Hodges, the 2015 SCOTUS ruling legalizing same-sex marriage in all 50 states. Conservative Justices Clarence Thomas and Samuel Alito have already signaled that they intend to use her appointment to “fix” the five-year-old decision.
Coney Barrett’s views on equality also received widespread scrutiny during a confirmation process which saw her refer to LGBTQ+ identity as “sexual preference,” a dog whistle used by hate groups to suggest that sexual orientation and gender identity are a “choice.” In addition to signing onto a 2017 letter referring to marriage as the “indissoluble commitment of a man and a woman,” she signaled opposition to trans-inclusive civil rights laws in a speech misgendering trans women.
Further revelations were equally damning. From 2015 to 2017, Coney Barrett sat on the board of a school that denied admission to students with same-sex parents, and her secretive Catholic worship group, People of Praise, reportedly kicks out members for acting on same-sex desires.
LGBTQ+ groups expressed concern in the letter that her background would be a major liability not only in future challenges to marriage equality but also already scheduled cases like Fulton v. City of Philadelphia, which will decide if faith-based adoption and foster care centers have a constitutional right to turn away same-sex couples. And just one week after the election, the Supreme Court will also hear a challenge to the Affordable Care Act, which will affect access to critical health coverage for millions of LGBTQ+ Americans.
