"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
A week after announcing a mysterious new “religious liberty task force,” Attorney General Jeff Sessions once again addressed the Alliance Defending Freedom (ADF) on Wednesday. He assured them that he does not believe they are a hate group for constantly advocating for discrimination against LGBTQ people, and then claimed that his Department of Justice does not “partner with any groups that discriminate.”
Sessions previously spoke to ADF last June, and his at-the-time secret address caused quite a backlash as many in the media pointed out that the Southern Poverty Law Center (SPLC) has identified ADF as an anti-LGBTQ hate group. His remarks were later made public, and ADF took a conservative media tour to claim that they were a victim of this false accusation.
This time, Sessions addressed the controversy head on. After mentioning “the ordeal faced bravely by Jack Phillips,” the baker ADF represented in Supreme Court who blatantly discriminated against a same-sex couple, Sessions told the group that people of faith are facing “a bigoted ideology which is founded on animus towards people of faith.”
“You’ll notice that they don’t rely on the facts,” he said. “They don’t make better arguments. They don’t propose higher ideals. No, they just call people names—like ‘hate group.’”
Sessions claimed that groups like the SPLC wield the “hate group” designation to “bully and intimidate” conservative groups “that refuse to accept their orthodoxy and choose instead to speak their conscience.” He noted, for example, that the label led Amazon to disqualify ADF from its Smile fundraising program.
“You and I may not agree on everything — but I wanted to come back here tonight partly because I wanted to say this: you are not a hate group,” he said.
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Contrary to Sessions’ claims, there are ample facts to substantiate ADF’s designation as an anti-LGBTQ hate group — so much so that it’s pure gaslighting to say otherwise. The group has defended wedding vendors challenging nondiscrimination laws, parents and schools that want to reject transgender students, and businesses that want the right to refuse to even employ LGBTQ people. They have even repeatedly advocated for the criminalization of homosexuality. Media Matters recently published a massive report cataloging the litany of ways ADF has demonized LGBTQ people and lobbied against their basic civil rights.
Sessions had made similar remarks about hate group designations at last week’s religious liberty summit, and the SPLC responded. In a letter to Sessions, SPLC President Richard Cohen highlighted some of the facts that led to hate group designations for groups like ADF and the Family Research Council (FRC). “Linking the LGBT community to pedophilia as the FRC and the ADF have done is not an expression of a religious belief,” he wrote. “It is simply a dangerous and ugly falsehood. As you know, FBI hate crime data show that the LGBT community is the minority group most likely targeted for violent hate crimes.”
“If the ADF had its way, gay people would be back in the closet for fear of going to jail,” Cohen wrote. “It’s inappropriate for the nation’s top law enforcement officer to lend the prestige of his office to this group. And it’s ironic to suggest that the rights of ADF sympathizers are under attack when the ADF is doing everything in its power to deny the equal protection of the laws to the LGBT community.”
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Sessions may also have been trying to protect his own reputation. In the same speech to ADF, he also insisted that the DOJ “will not partner with hate groups. Not on my watch.”
But of course the DOJ partners constantly with ADF. The Trump administration has backed ADF’s position in multiple cases, ADF’s representatives were front and center at last week’s religious liberty summit (including former ADF staff who now work for the DOJ), and Sessions even consulted with ADF when drafting the “religious freedom” guidance that the new task force will enforce. It’s just that Sessions himself has long advocated against LGBTQ equality, so he doesn’t think there’s anything wrong or hateful when it comes to taking such positions.
Anti-LGBTQ conservatives were quite flattered to have the U.S. attorney general’s support. The Heritage Foundation and The Federalist, as examples, were quick to praise Sessions’ remarks and join the pile-on to smear the SPLC. Rather than respond to the detailed critiques the SPLC provides about their prejudiced positions, anti-LGBTQ hate groups have instead campaigned to besmirch the historic civil rights organization’s reputation.
With Sessions constantly catering to these groups, they have only been more emboldened to express their discriminatory beliefs — further confirming the legitimacy of the SPLC’s designation.
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Yeah, pretty much says it all about our totally unqualified AG. Pumping up hate groups on the eve of a White Supremacist rally. Just what the country needs from its chief law officer! But, I suppose what you’d expect from a unrepenitent child abuser. Senator Elizabeth Warren tried to tell America who Jeff Sessions really is. But she was silenced and smeared by Mitch McConnell and the GOP, just like the SPLC is being smeared by Sessions.
I actually do have some “higher ideals” to propose — stop misusing the loving, inclusive, foregiving teachings of Jesus Christ in support of hate campaigns against the LGBTQ community; tolerate and respect all people as they are; stop discriminating against LGBTQ individuals; let transgender kids use the bathroom; stop trying to criminalize consenting sexual relations between adults; stop defending business people who bring their religion into the public marketplace by refusing to supply goods and services to members of the LGBTQ community based on so-called “religious beliefs.” Fundamentally, it’s no different than a lunch counter owner claiming that his “religion” forbade him to serve African Americans or Jews.
This story is “Classic Gonzo.” Confronted with facts — ADF is a hate group — and the law — ethics considerations forbid the AG from speaking to hate groups, Sessions lies — says ADF isn’t a hate group — implicitly blames the victims — the LGBTQ community,— and smears their defenders — the SPLC — who happened to be on the side of truth. He also, as he no doubt intended, sent a strong message to all hate groups in America, from White Supremacists on down — Don’t worry, I’ve got your back! As if there were ever any doubt!
Fortunately, Sessions and his disingenuous cohorts won’t be able to evade the judgment of history. That’s why it’s important to keep making the record about who he really is and what he really believes in. And, I can guarantee you it’s not the U.S. Constitution, the rule of law, human decency, or American democracy!
