Donald Trump presidential campaign, 2016/LGBTQ rights
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The overview of the issue below was current as of the 2016 election.
A great deal can change in four years. In February 2012, nine months before the 2012 presidential general election, the 9th Circuit Court of Appeals ruled that California's Proposition 8, the state's ban on same-sex marriage, was unconstitutional. In February and March 2012, Washington and Maryland became the seventh and eighth states to legalize same-sex marriage. And in May 2012, while running for a second term, President Obama endorsed same-sex marriage.
The LGBTQ rights landscape was quite different in 2016. Same-sex marriage became legal throughout the country on June 26, 2015. On that day the Supreme Court issued its 5-4 decision in Obergefell v. Hodges. The court held that same-sex marriage is protected under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
On March 23, 2016, North Carolina Gov. Pat McCrory (R) signed into law a bill that prohibits transgender individuals from using a bathroom that does not match their gender at birth.[2] In reaction, the Departments of Education and Justice issued a directive on May 13, 2016, stating that transgender students must be afforded the right to use bathrooms and locker rooms that align with their gender identities under Title IX, the federal law prohibiting sex-based discrimination in educational programs and activities. The administration directed schools across the country to treat transgender students the same way they treat other students of the same gender identity.[3] In response to the directive, nearly half of the states filed suit against the Obama administration challenging its use of Title IX to protect transgender students.[4]
In 2016, voters and candidates were also debating some states' religious freedom laws and the need to clarify language that purports to permit businesses to deny services to LGBTQ individuals.
Donald Trump and Mike Pence
Donald Trump, who won the general election on November 8, 2016, has a complicated track record on LGTBQ issues. He was initially critical of North Carolina's law on transgender bathroom access, saying in April 2016, "North Carolina did something that was very strong and they’re paying a big price. There’s a lot of problems. You leave it the way it is. There have been very few complaints the way it is. People go, they use the bathroom they feel is appropriate, there has been so little trouble."[5] The next month, however, after the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity, Trump said, "I believe it should be states’ rights and the state should make the decision. They’re more capable of making the decision."[6] On the topic of same-sex marriage, Trump stated in June 2015 that he was "for traditional marriage" but in 2013 stated, "I think I’m evolving, and I think I’m a very fair person, but I have been for traditional marriage."[7][8]
Mike Pence, Trump's running mate, was at the center of a controversy about protecting religious rights and protecting the rights of LGTBQ Americans in 2015. On March 26, 2015, Pence signed Senate Bill 101, better known as the Religious Freedom Restoration Act (RFRA), into law.[9][10] The law "prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest."[9] Supporters of the bill said it would prevent the government from forcing business owners to act against religious beliefs, while opponents said it allowed for discrimination against LGBTQ citizens.[10]
Pence was critical of the Obama administration's directive on transgender bathroom access and supported Don’t Ask, Don’t Tell, the policy that prohibited soldiers from openly identifying as gay until it was ended in 2011. Pence told CNN in 2010 that without the policy, the military could become “a backdrop for social experimentation.”[11]
See below what Donald Trump and the 2016 Republican Party Platform said about LGBTQ rights.
| CANDIDATE SUMMARY | |
Trump on LGBTQ rights
- After previously stating that North Carolina should "[l]eave it the way it is," and permit transgender individuals to use the restroom they feel most comfortable using, Donald Trump told ABC News on May 13, 2016, “I believe it should be states’ rights and the state should make the decision. They’re more capable of making the decision.” Trump made this comment after the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity.[12][13]
- In an interview on April 21, 2016, Donald Trump said that North Carolina erred when it passed a bill restricting transgender individuals’ access to bathrooms that conform with their gender identity. “North Carolina did something that was very strong and they’re paying a big price. There’s a lot of problems. You leave it the way it is. There have been very few complaints the way it is. People go, they use the bathroom they feel is appropriate, there has been so little trouble, and the problem with what happened in North Carolina is the strife, and the economic punishment that they’re taking,” Trump said. He added that he would be comfortable with transgender activist Caitlyn Jenner using whichever bathroom she chose in Trump Tower.[5]
- On the issue of gay marriage, Donald Trump said during a November 2013 interview on MSNBC, "I think I’m evolving, and I think I’m a very fair person, but I have been for traditional marriage. I am for traditional marriage, I am for a marriage between a man and a woman.”[14]
- In a March 2011 interview with The Des Moines Register, Trump said gay couples should not be allowed to marry or receive the same benefits as married heterosexual couples.[15]
Obergefell v. Hodges
- In a June 28, 2015, interview on CNN's "State of the Union," Donald Trump was asked by anchor Jake Tapper how Trump's three marriages fit into the definition of "traditional marriage." Trump responded that someone asking the question has "a very good point" and suggested he was at fault for his divorces. Tapper said he wasn't asking for an explanation for Trump's divorces, but rather what he would say to a gay person on this question. Trump answered, "I don't say anything. I'm just for traditional marriage."[16]
- On June 26, 2015, following the Obergefell v. Hodges ruling, Trump tweeted, "Once again the Bush appointed Supreme Court Justice John Roberts has let us down. Jeb pushed him hard! Remember!"[17]
Transgender restroom access
- Before a campaign event in Raleigh, N.C., on July 5, 2016, reporters backstage asked Trump if he supported HB 2, the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth, or if he thought the state should make changes to it. Trump replied, "I'm going with the state. The state, they know what's going on. They see what's happening and generally speaking I go with the state on things like this." Later during his appearance, Trump told supporters that he would be “better for the gay community” than Clinton.[18][19]
- During an appearance on Jimmy Kimmel Live on May 25, 2016, Trump refused to take a stance on the transgender restroom issue and told Kimmel, “Let the states decide.” When Kimmel pressed Trump for his personal opinion, Trump said only, “I think the states will do the right thing.” Asked what the right thing is, Trump said, “I don’t know yet. I mean, I don’t know.”[20]
- After saying that transgender individuals should "use the "bathroom that they feel is appropriate," on April 21, 2016, Trump told Fox News host Sean Hannity later that day that while he disagrees with the law, he believes North Carolina had a right to enact it. “I think that local communities and states should make the decision,” Trump said. “And I feel very strongly about that. The federal government should not be involved.” Trump also told Hannity that states should “absolutely" be able to decide whether to implement such a law.[21]
- Discussing the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth during a town hall event on NBC's Today on April 21, 2016, Trump said, "There have been very few complaints the way it is. People go. They use the bathroom that they feel is appropriate." Trump continued "There has been so little trouble. And the problem with what happened in North Carolina is the strife and the economic -- I mean, the economic punishment that they're taking."[22]
- Referring to businesses that have canceled expansions in North Carolina because of the law, Trump also said, "Leave it the way it is. North Carolina, what they're going through with all the business that's leaving, all of the strife -- and this is on both sides. Leave it the way it is."[22]
- On August 17, 2015, MSNBC asked Gregory T. Angelo, executive director of the pro-LGBT Log Cabin Republicans, if it was safe to call Trump 2016’s most LGBT-friendly Republican. He responded, “I think that might be going a little overboard.” Angelo added: “It’s important to point out that Trump is not the first GOP Republican candidate to say he supports nondiscrimination protections for LGBT individuals.” Angelo was referring to former presidential candidate Jeb Bush, who said he didn’t think people should be discriminated against because of their sexual orientation. “Period. Over and out,” Bush said.[23]
- In an interview with The Brody File on April 12, 2011, Trump was asked whether he supported civil unions. Trump replied, “First of all, I live in New York. I know many, many gay people. Tremendous people. And to be honest with you, as far as civil unions are concerned, I haven't totally formed my opinion. But there can be no discrimination against gays.”[24]
- In his 2000 political manifesto, “The America That We Deserve,” Trump outlined his dream of an America free of “racism, discrimination against women, or discrimination against people based on sexual orientation.”[25]
| The 2016 Republican Party Platform on LGBTQ rights | ||||||
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Recent news
The link below is to the most recent stories in a Google news search for the terms Donald Trump Gay Rights LGBTQ LGBT. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Donald Trump
- Donald Trump presidential campaign, 2016
- 2016 presidential candidates on transgender restroom access
Footnotes
- ↑ The Wall Street Journal, "Donald Trump Enters 2016 Presidential Race," June 16, 2015
- ↑ The News & Observer, "NC lawmakers heading for special session Wednesday to discuss LGBT ordinance," accessed March 23, 2016
- ↑ U.S. Departments of Justice and Education, "Dear Colleague Letter on Transgender Students," May 13, 2016
- ↑ Politico, "10 more states sue Obama administration over transgender bathroom directive," July 8, 2016
- ↑ 5.0 5.1 The Huffington Post, "Donald Trump Thinks North Carolina Got It Wrong On Anti-LGBT Bathroom Bill," April 21, 2016
- ↑ Politico, "Trump: Transgender people can use whatever bathroom they want," April 21, 2016
- ↑ MSNBC, "Trump says he’s ‘evolving’ on gay marriage," November 9, 2013
- ↑ CNN, "Donald Trump on CNN's State of the Union: 'I'm in it to win it...I will make our country great again'," June 28, 2015
- ↑ 9.0 9.1 Indiana General Assembly, "Senate Bill 101," accessed April 15, 2015
- ↑ 10.0 10.1 Reuters, "Indiana governor signs religious freedom bill that could affect gays," March 26, 2015
- ↑ TIME, "Here’s What Mike Pence Said on LGBT Issues Over the Years," July 15, 2016
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedtrump - ↑ The Washington Post, "Are Democrats leaning into the transgender debate?" May 13, 2016
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedmarriage - ↑ The Des Moines Register, "Trump says he would play in Iowa, aides to visit Monday," March 3, 2011
- ↑ CNN, "Donald Trump on CNN's State of the Union: 'I'm in it to win it...I will make our country great again'," June 28, 2015
- ↑ Twitter, "Donald Trump," June 26, 2015
- ↑ BuzzFeed, "Feds Ask Court To Halt North Carolina’s Anti-Trans “Bathroom Bill” Provision," July 5, 2016
- ↑ The News & Observer, "Backstage with Donald Trump before his Raleigh speech," July 5, 2016
- ↑ Uproxx.com, "Donald Trump Backpedals On His LGBT Bathroom Stance During His ‘Jimmy Kimmel Live’ Appearance," May 26, 2016
- ↑ The Huffington Post, "Donald Trump Shifts Position On North Carolina Bathroom Bill," April 22, 2016
- ↑ 22.0 22.1 Politico, "Trump: Transgender people can use whatever bathroom they want," April 21, 2016
- ↑ Huffington Post, “Donald Trump Was Once Sued By Justice Department For Not Renting To Blacks,” April 29, 2011
- ↑ Human Rights Campaign, “Donald Trump: Opposes Nationwide Marriage Equality,” accessed April 6, 2016
- ↑ MSNBC, “Is Donald Trump 2016’s most LGBT-friendly Republican?” August 17, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
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