During the time the senate had been involved with the confirmation of Brett Kavanaugh to a seat on Supreme Court much attention has been given to his being a potential threat to Roe v Wade, the impression that that is the only threat to people’s rights has overshadowed his being a threat to GLBT rights.
Although no Gay rights related cases came to him on the bench, Brett Kavanaugh was White House Staff Secretary for the three years George W. Bush was dealing with wars in Iraq and Afghanistan, Hurricane Katrina, battles over abortion and immigration, and when he sought a constitutional amendment banning same-sex marriage.
His job during that time was, according to Kavanaugh himself, to “give recommendations and advice”. And the issues he gave advice on during that time were partial-birth abortion ban, a same-sex marriage ban, expanded Medicare, opposition to stem cell research, and partially privatize Social Security.
And he holds to the idea that rights not enumerated in the Constitution could be recognized by courts only if they were rooted in the nation’s history and tradition. This would rule out GLBT rights whose only history is that of denial for politics and religious recruitment.
One of Kavanaugh’s biggest advocates of his SCOTUS nomination was from the Family Research Council, a group not known for actually doing any research but is notorious for undermining anti-discrimination protections for GLBTQ people.
When Kavanaugh was nominated by Trump FRC stated,
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“Under the Obama administration, we saw a growing assault on religious freedom and the courts became a battleground for secularists seeking to remove faith from the public square. Judge Kavanaugh resisted this trend in at least two instances — an HHS contraceptive mandate case and in an opinion supporting inauguration prayers. We are committed to working with President Trump and senators to help move the grassroots to gain the confirmation of Judge Kavanaugh.”
The National Review considers Judge Kavanaugh a “steadfast and fearless supporter of religious liberty for decades” citing his private practice in the 1990s when he chaired the Federalist Society’s Religious Liberty practice group, worked pro bono on cases defending religious liberty, his advocacy for judges who protected religious liberty and his belief that courts can’t “second-guess[] the correctness or the reasonableness” of a plaintiff’s sincere religious beliefs.
Considering Jeff Sessions’s support of religious liberty being preferred to the Constitution, he may be an ally on the Supreme Court.
There are numerous cases coming before the Supreme Court that could allow people to deny the GLBT Community its rights while allowing people to choose which law the will follow based on their claimed firmly held religious beliefs.
To keep its rights and not lose those which have been won through the years of hard work, rights to such things as housing, employment, public accommodations, inheritance, and health care, the GLBT Community might have to go back to existing in the closet.