The Human Rights Campaign Reinforces Strong Opposition to Nomination of Amy Coney Barrett to United States Supreme Court

by Nick Morrow

Today, the Human Rights Campaign responded to a new AP story that notes Amy Coney Barrett served as a high-level trustee for Trinity Schools, Inc., which oversees schools that barred admissions to children of same-sex couples and prohibited openly LGBTQ teachers.

Amy Coney Barrett has shown us who she is – someone who is hostile to the rights of LGBTQ people. Her professional actions as a scholar and jurist raise significant concerns about her ability to be impartial and fair when considering cases that impact the LGBTQ community. In her hearing, she shockingly refused to say that landmark Supreme Court cases that decriminalized relationships between LGBTQ people and subsequently legalized marriages for same-sex couples correctly decided. These cases go to the core of LGBTQ rights and her failure to even recognize their precedential value is enough to disqualify her to serve on the Court. The fact that we have now learned – during a rushed hearing process that should not be occurring – that she held a position atop a network of schools that discriminated against LGBTQ parents and students, serves as yet another warning as to the type of anti-LGBTQ bias that she would bring to the Supreme Court if confirmed. There is no room for hate or discrimination on the Supreme Court. If Barrett is confirmed, our marriages, our families, our health care and our LGBTQ youth would be at risk. This upcoming term and beyond, we expect crucial cases about the future of LGBTQ rights to appear before the Court. Amy Coney Barrett poses a clear threat to any progress we can expect to see from the Court and her record shows she will take every opportunity to oppose us and scale back our rights.

Alphonso David, Human Rights Campaign President

The Human Rights Campaign recently released a report on Amy Coney Barrett’s troubling record. To read the full report, click here.

Barrett has demonstrated hostility toward LGBTQ rights in her words and rulings. She defended the Supreme Court’s dissenters on the landmark marriage equality case of Obergefell v. Hodges, questioning the role of the court in deciding the case. She said Title IX protections do not extend to transgender Americans, claiming it’s a “strain on the text” to reach that interpretation. She misgendered transgender people, referring to a transgender women as “physiological males,” while casting doubt on transgender rights. Barrett has also consistently demonstrated opposition to reproductive rights, calling Roe v. Wade an “erroneous decision.” She also refused to rehear a racial segregation case, raising significant concerns about her approach to Civil Rights law.

She has criticized the ruling which upheld the Affordable Care Act—which has helped millions attain quality, affordable healthcare—and expressed opinions that suggest she would strike down the law. Days after the election, the Supreme Court is scheduled to hear an argument in a case that could undermine this transformative piece of legislation, and with it the healthcare security of tens of millions of people, including a disproportionate number of LGBTQ people.

The day after Election Day, the Court will hear Fulton v. City of Philadelphia, which considers whether governments must allow taxpayer-funded organizations to discriminate against LGBTQ people when providing critical services. A ruling hostile to equality in this case could have staggering consequences for American social safety net programs including services for veterans, people experiencing homelessness, runaway youth, refugees, and those needing emergency shelters and services.

Her hostility towards many of society’s most marginalized, victimized and vulnerable groups raises serious concerns about her ability to be impartial and fairly consider the rights of all who come before the Court, including LGBTQ people; therefore, the Human Rights Campaign opposes her nomination in the strongest terms and will work steadfastly against it.

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