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Biden labels Supreme Court ruling on Roe v. Wade ‘a sad day for court’

“Imagine, woman having to carry a child that’s a consequence of incest, with no option” to terminate the pregnancy, Biden said

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President Biden speaks to Americans after Supreme Court overturns Roe v. Wade (Screenshot/YouTube)

WASHINGTON – Just after the Supreme Court’s conservative majority moved to overturn the constitutional right to abortion on Friday in a 6-3 ruling, President Joe Biden vowed to protect American women from prosecution for traveling to other states to terminate their pregnancies. 

Thirteen states have made or will soon make abortion illegal, some without exceptions for rape and incest, following today’s ruling. After a draft of that ruling was leaked in May, some state legislatures considered bills to prevent women from circumventing their restrictions on abortion. 

“If any state or local official high or low tries to interfere with a woman exercising her basic right to travel, I will do everything in my power to fight that unamerican attack,” Biden said. 

Delivering his remarks from the Great Cross Hall of the White House, the President looked visibly upset, particularly when discussing the extreme abortion bans in some states that will now be allowed to go into effect. 

“They are so extreme that women can be punished for protecting their health; that some women and girls will be forced to bear their rapists’ child,” Biden said. It was at this point that he appeared to go off-script to share his personal feelings on the ruling and its implications. “It just stuns me,” he said. “Imagine, woman having to carry a child that’s a consequence of incest, with no option” to terminate the pregnancy.

Biden called for those who share his anger and outrage – many who gathered on the steps of the Supreme Court in protest – to remain peaceful. He urged Americans to vote to give Democrats in Congress the majority that will be necessary for them to codify the constitutional right to abortion first established by the Supreme Court’s 1973 ruling in Roe v. Wade and overturned today with the decision in Dobbs v. Jackson Women’s Health.

Biden warned of the “dangerous path the court is taking us on,” pointing to Justice Thomas’s comments in the decision that “In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” 

Should the court revisit the precedents established by those cases, it could mean constitutional protections for the return of laws banning birth control, sodomy and same-sex marriage. 

Biden noted Americans’ constitutional right to abortion was affirmed in multiple decisions by the Supreme Court, endorsed by justices who were appointed by presidents from both parties. 

“It was three justices named by one president, Donald Trump, who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country,” Biden said.

President Biden speaks on Supreme Court decision to overturn Roe v. Wade:

Full transcript:

REMARKS BY PRESIDENT BIDEN
ON THE SUPREME COURT DECISION
TO OVERTURN ROE V. WADE

Today is a — it’s not hyperbole to suggest a very solemn moment.  Today, the Supreme Court of the United States expressly took away a constitutional right from the American people that it had already recognized.

They didn’t limit it.  They simply took it away.  That’s never been done to a right so important to so many Americans.

But they did it.  And it’s a sad day for the Court and for the country.

Fifty years ago, Roe v. Wade was decided and has been the law of the land since then.

This landmark case protected a woman’s right to choose, her right to make intensely personal decisions with her doctor, free from the inter- — from interference of politics.

It reaffirmed basic principles of equality — that women have the power to control their own destiny.  And it reinforced the fundamental right of privacy — the right of each of us to choose how to live our lives.

Now, with Roe gone, let’s be very clear: The health and life of women in this nation are now at risk.

As Chairman and Ranking Member of the Senate Judiciary Committee, as Vice President and now as President of the United States, I’ve studied this case carefully.  I’ve overseen more Supreme Court confirmations than anyone today, where this case was always discussed.

I believe Roe v. Wade was the correct decision as a matter of constitutional law, an application of the fundamental right to privacy and liberty in matters of family and personal autonomy.

It was a decision on a complex matter that drew a careful balance between a woman’s right to choose earlier in her pregnancy and the state’s ability to regulate later in her pregnancy.  A decision with broad national consensus that most Americans of faiths and backgrounds found acceptable and that had been the law of the land for most of the lifetime of Americans today.

And it was a constitutional principle upheld by justices appointed by Democrat and Republican Presidents alike. 

Roe v. Wade was a 7 to 2 decision written by a justice appointed by a Republican President, Richard Nixon.  In the five decades that followed Roe v. Wade, justices appointed by Republican Presidents — from Eisenhower, Nixon, Reagan, George W. [H.W.] Bush — were among the justices who voted to uphold the principles set forth in Roe v. Wade.

It was three justices named by one President — Donald Trump — who were the core of today’s decision to upend the scales of justice and eliminate a fundamental right for women in this country.

Make no mistake: This decision is the culmination of a deliberate effort over decades to upset the balance of our law.  It’s a realization of an extreme ideology and a tragic error by the Supreme Court, in my view.

The Court has done what it has never done before: expressly take away a constitutional right that is so fundamental to so many Americans that had already been recognized.

The Court’s decision to do so will have real and immediate consequences.  State laws banning abortion are automatically taking effect today, jeopardizing the health of millions of women, some without exceptions. 

So extreme that women could be punished for protecting their health.

So extreme that women and girls who are forced to bear their rapist’s child — of the child of consequence. 

It’s a — it just — it just stuns me. 

So extreme that doctors will be criminalized for fulfilling their duty to care.

Imagine having — a young woman having to ch- — carry the child of incest — as a consequence of incest.  No option. 

Too often the case that poor women are going to be hit the hardest.  It’s cruel.

In fact, the Court laid out state laws criminalizing abortion that go back to the 1800s as rationale — the Court literally taking America back 150 years. 

This a sad day for the country, in my view, but it doesn’t mean the fight is over.

Let me be very clear and unambiguous: The only way we can secure a woman’s right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law.

No executive action from the President can do that.  And if Congress, as it appears, lacks the vote — votes to do that now, voters need to make their voices heard.

This fall, we must elect more senators and representatives who will codify a woman’s right to choose into federal law once again, elect more state leaders to protect this right at the local level.

We need to restore the protections of Roe as law of the land.  We need to elect officials who will do that.

This fall, Roe is on the ballot.  Personal freedoms are on the ballot.  The right to privacy, liberty, equality, they’re all on the ballot. 

Until then, I will do all in my power to protect a woman’s right in states where they will face the consequences of today’s decision.

While the Court’s decision casts a dark shadow over a large swath of the land, many states in this country still recognize a woman’s right to choose.

So if a woman lives in a state that restricts abortion, the Supreme Court’s decision does not prevent her from traveling from her home state to the state that allows it.  It does not prevent a doctor in that state — in that state from treating her.

As the Attorney General has made clear, women must remain free to travel safely to another state to seek the care they need.  And my administration will defend that bedrock right. 

If any state or local official, high or low, tries to interfere with a woman’s ex- — exercising her basic right to travel, I will do everything in my power to fight that deeply un-American attack.

My administration will also protect a woman’s access to medications that are approved by the Food and Drug Administration — the FDA — like contraception, which is essential for preventative healthcare; mifepristone, which the FDA approved 20 years ago to safely end early pregnancies and is commonly used to treat miscarriages.

Some states are saying that they’ll try to ban or severely restrict access to these medications. 

But extremist governors and state legislators who are looking to block the mail or search a person’s medicine cabinet or control a woman’s actions by tracking data on her apps she uses are wrong and extreme and out of touch with the majority of Americans.

The American Medical Association and the American College of Obstetricians and Gynecologists wrote to me and Vice President Harris stressing that these laws are not based on — are not based on evidence and asking us to act to protect access to care.  They say by limiting access to these medicines, maternal mortality will climb in America.  That’s what they say.

Today, I’m directing the Department of Health and Human Services to take steps to ensure that these critical medications are available to the fullest extent possible and that politicians cannot interfere in the decisions that should be made between a woman and her doctor.  And my administration will remain vigilant as the implications of this decision play out.

I’ve warned about how this decision risks the broader right to privacy for everyone.  That’s because Roe recognized the fundamental right to privacy that has served as the basis for so many more rights that we have come to take — we’ve come to take for granted that are ingrained in the fabric of this country: the right to make the best decisions for your health; the right to use birth control — a married couple — in the privacy of their bedroom, for God’s sake; the right to marry the person you love. 

Now, Justice Thomas said as much today.  He explicitly called to reconsider the right of marriage equality, the right of couples to make their choices on contraception.  This is an extreme and dangerous path the Court is now taking us on. 

Let me close with two points. 

First, I call on everyone, no matter how deeply they care about this decision, to keep all protests peaceful.  Peaceful, peaceful, peaceful.  No intimidation.  Violence is never acceptable.  Threats and intimidation are not speech.  We must stand against violence in any form regardless of your rationale.

Second, I know so many of us are frustrated and disillusioned that the Court has taken something away that’s so fundamental.  I know so many women are now going to face incredibly difficult situations.  I hear you.  I support you.  I stand with you. 

The consequences and the consensus of the American people — core principles of equality, liberty, dignity, and the stability of the rule of law — demand that Roe should not have been overturned.

With this decision, the conservative majority of the Supreme Court shows how extreme it is, how far removed they are from the majority of this country.  They have made the United States an outlier among developed nations in the world.  But this decision must not be the final word.

My administration will use all of its appropriate lawful powers.  But Congress must act.  And with your vote, you can act.  You can have the final word.  This is not over.

Thank you very much.  I’ll have more to say on this in weeks to come.  Thank you.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know — but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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HISTORIC: Biden pardons discharged LGBTQ veterans

Move will facilitate access to benefits they were denied

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President Joe Biden (Screen capture/YouTube)

President Joe Biden on Wednesday issued historic pardons for military service members who were discharged over their sexual orientation or gender identity under discriminatory policies of the past, like “Don’t Ask, Don’t Tell.”

“Our nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country,” he said in a statement. “Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity.”

“Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades,” the president said.

“As commander-in-chief, I am committed to maintaining the finest fighting force in the world. That means making sure that every member of our military is safe and respected — so they can focus on their mission,” he said.

“This is about dignity, decency, and ensuring the culture of our Armed Forces reflect the values that make us an exceptional nation,” Biden said. “We have a sacred obligation to all of our service members — including our brave LGBTQI+ service members: To properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home.”

“Today we are making progress in that pursuit.”

The president also issued a Proclamation on Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice, which specifies that “The Military Departments (Army, Navy, or Air Force), or in the case of the Coast Guard, the Department of Homeland Security, in conjunction with the Department of Justice, shall provide information about and publicize application procedures for certificates of pardon.”

Veterans who were discharged for their sexual orientation or gender identity are barred from accessing benefits through the U.S. Department of Veterans Affairs.

Senior administration officials explained during a call with reporters on Tuesday that veterans who obtain certificates of pardon will be able to petition for a change in their discharge status, which can facilitate their access to benefits.

Officials on Tuesday’s call said they will proactively reach out to these service members to make them aware of the president’s clemency action and to connect them with pro-bono attorneys who can help them navigate the process.

“We intend, and have intended, to design this process in a way where people do not need attorneys to go through it, and we think it is easily accessible, but we also recognize that for some people, that would be beneficial, and so are busy at work trying to make those connections happen,” an official said.

The officials did not address a question from the Washington Blade about whether LGBTQ groups including those representing LGBTQ veterans were involved in the administration’s work leading up to the president’s issuance of the pardons, but several organizations celebrated the announcement on Wednesday.

“We applaud President Biden for taking action today, and the Biden-Harris Administration’s efforts to address this historic injustice that impacted thousands of LGBTQ+ people in the military for decades, with the effects still felt by many to this day,” said Human Rights Campaign President Kelley Robinson.

“This move to rightfully restore reputations lost and gratitude owed to service members who were punished for who they loved is long overdue, and a significant step in the right direction,” she said.

GLAAD President Sarah Kate Ellis wrote on social media, “Today’s move by President Biden to pardon LGBTQ service members who were unfairly forced out of the military under the discriminatory ‘Don’t Ask, Don’t Tell’ is his administration’s 343rd pro-LGBTQ action. It is an important signal not only to the thousands of brave LGBTQ Americans who deserved better for defending our country but to all who understand that diversity, respect, and inclusion are American values.”

The Congressional Equality Caucus released a statement from the chair, U.S. Rep. Mark Pocan (D-Wis.): “I thank President Biden for taking this important step to right the wrongs of the past and restore honor to LGBTQI+ Americans who bravely served their nation in uniform.” 

“This is an important step forward in addressing the wrongs of anti-equality policies like ‘Don’t Ask, Don’t Tell,’ and I urge the Military Departments to ensure these pardons are processed as swiftly as possible,” the congressman said. “I am committed to building upon this important action, including by passing my Restore Honor to Service Members Act into law to ensure that the service and sacrifice of every veteran is honored, regardless of who they are or who they love.”

“PFLAG families have advocated for the dignity and respect due our LGBTQ+ heroes in uniform since the dark days of ‘Don’t Ask, Don’t Tell,’ and the shadow discharges that predated that discriminatory policy,” said PFLAG National CEO Brian K. Bond.

“As someone who worked on repeal during the Obama-Biden administration I met incredible patriots that just wanted to serve their country,” he said. “Thank you to the Biden-Harris administration and those who continue to fight for military families’ freedom to serve. This welcomed day is long overdue for thousands of LGBTQ+ veterans and their families.”

Lawyers for a group of LGBTQ veterans who are plaintiffs in Farrell v. Department of Defense also released a statement:

“We applaud President Biden and his administration for today’s announcement pardoning approximately 2,000 LGBTQ+ veterans who were court-martialed under ‘Don’t Ask, Don’t Tell’ and similar policies. This is a necessary and important step in recognizing and remediating the harms — that still exist today — caused by these policies, despite their repeals.

“While the pardons represent an important milestone, we must emphasize that there is still critical work to be done. Those pardoned will still need to obtain new discharge papers from the Department of Defense, which are essential for accurately reflecting their service and accessing veterans’ benefits. And, of course, there are tens of thousands of other veterans who continue to suffer the ongoing stigma of their discriminatory discharge. 

“We will continue to vigorously litigate our case, Farrell v. Department of Defense, to ensure that all LGBTQ+ veterans who were wrongfully discharged from the military based on sexual orientation receive upgraded discharge papers with all indicators of sexual orientation removed. This remains a critical step for these veterans to receive the honor and status they rightfully deserve, having served our country with dignity and integrity.”

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EXCLUSIVE: Jill Biden to host White House Pride celebration

Event to take place on June 26

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First lady Jill Biden (Washington Blade photo by Michael Key)

First lady Jill Biden will host the White House Pride Month celebration on June 26, according to a press release previewed by the Washington Blade.

The party on the South Lawn will also feature a performance by singer, songwriter, actress, and record producer Deborah Cox and musical selections by DJ Trifle.

This year’s event comes on Equality Day this year, which honors the anniversaries of three landmark U.S. Supreme Court decisions that expanded rights and protections for LGBTQ Americans: Lawrence v. Texas (2003), which struck down sodomy laws, United States v. Windsor (2013), which struck down the Defense of Marriage Act, and Obergefell v. Hodges (2015), which made marriage equality the law of the land.

The White House highlighted some of the “historic action” taken by President Joe Biden to “advance LGBTQ+ equality for the community,” including:

  • Signing into law the landmark Respect for Marriage Act which protects the rights of same-sex and interracial couples;
  • Appointing a historic number of LGBTQI+ and transgender appointees, including the first transgender American to be confirmed by the U.S. Senate;
  • Directing all federal agencies to strengthen civil rights protections on the basis of gender identity, resulting in agencies working to strengthen protections in housing, health care, education, employment, the criminal justice system, nutrition programs, and more;
  • Reversing the ban on open service by transgender members of the military;
  • Signing an executive order focused on LGBTQI+ children and families that directs agencies to address the dangerous and discredited practice of so-called “conversion therapy” and finalized rule-making that ends disparities that LGBTQI+ children and parents face in the child welfare and foster care system and protects against disparities in health care; and
  • President Biden continues to call on Congress to pass the Equality Act to enshrine civil rights protections for LGBTQI+ Americans in federal law.

Last year, the president and the first lady hosted the celebration, which was the largest Pride event ever held at the White House.

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