The Republican-led United States Supreme Court could soon undo the nationwide recognition of marriage equality following a lawsuit filed by Kim Davies, a former clerk who opposes queer rights. Meanwhile, President Donald Trump is trying to push the judiciary even further to the right by appointing staunchly conservative judges. The 79-year-old head of state, according to a report by law professor JP Collins in the magazine “Balls and Strikes,” is counting on individuals who do not hide their hostility toward queer people. Collins described the list of nominees as a “Horrorshow.”
Direct link | Eric Tung has already been questioned in the U.S. Senate Judiciary Committee, including by Democratic lawmakers
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Among the candidates is Eric Tung, who is slated to join one of the 13 federal circuit courts—in particular, the one in San Francisco. He describes himself as an “Originalist,” meaning he intends to interpret the American Constitution as it was understood at the time of its adoption in the late 18th century. When asked in March whether there is a constitutional right to abortion, same-sex marriage, or fornication, he replied, “That’s simple: no.” The backdrop is that sodomy laws were deemed unconstitutional by the Supreme Court only in 2003, and the nationwide legalization of same-sex marriage was mandated by the high court in 2015.
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Another nominee is Joshua Dunlap, a judge on a federal court of appeals in Boston, who has previously worked for the anti-LGBTQ legal group Alliance Defending Freedom. The organization conducts high-profile lawsuits across the United States and Europe, using the asserted protection of “religious liberty” as a weapon against queer rights. Dunlap received his legal training at Pensacola Christian College, a private university known for its anti-queer stance. The university notably canceled a performance by the Grammy-winning a cappella group the King’s Singers in 2022 after learning that one of the members is gay, arguing that his “lifestyle” violated the Bible.
In total, 47 federal judicial seats remain unfilled, and Trump has thus far announced eleven nominations. The president appears to favor ideological alignment over judicial qualification, a point of criticism from the opposition. Federal judges must be confirmed by the U.S. Senate, which is currently controlled by Republicans.
During nearly eight months in office, Trump has waged a campaign against queer people, including rolling back anti-discrimination guidelines. He has been especially aggressive toward transgender individuals, who have faced military bans, and the new policies also affect transgender foreigners who, according to Germany’s foreign ministry, could encounter difficulties when entering the United States (TheColu.mn reported).
Recently, Trump stated that transgender women should not compete in the Olympics. Earlier, under government pressure, the U.S. Olympic Committee had already effectively barred transgender women from all events (TheColu.mn reported). (dk)
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