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GLSEN’s Opposition to the Appointment of Brett Kavanaugh for Associate Supreme Court Justice

The next Supreme Court Justice will influence the legal landscape of the United States for generations to come. The Trump Administration’s nominee Brett Kavanaugh is a threat to GLSEN’s mission and values. His record indicates that he would not protect marginalized students, educational equity, the rights of educators, and fundamental civil rights of all Americans. Given the following pillars of Kavanaugh’s jurisprudence, and statements he has made both to the press and in support of his public service career, GLSEN strongly opposes his nomination and we are asking our advocates to contact your Senators now to oppose Kavanaugh's nomination. 

1. Kavanaugh is a threat to public education. Throughout his career, Kavanaugh has defended school voucher programs, which divert taxpayer money from public schools that are obligated to uphold federal non-discrimination measures and invest in schools that are not legally held to the same standards. This could result in LGBTQ students being turned away from some private schools or being left to attend schools that are discriminatory. We cannot allow for public funds to be invested in institutions that demonize and/or erase the existence of LGBTQ people. Furthermore, private school vouchers may serve to further segregate schools, and in fact, were originally conceived as a way for white parents to remove their children from schools in the wake of Brown v Board of Education.

2. Kavanaugh is a threat to the separation between church and state. In Santa Fe Independent School District v. Jane Doe (1999), Kavanaugh submitted an amicus brief supporting expansive recognition of school prayer. Additionally, he has demonstrated a commitment to jurisprudence that fights the “strict wall of separation between church and state.” The advancement of religious liberty is not inherently opposed to the advancement of civil rights for LGBTQ youth, but in the last several decades, anti-LGBTQ positions have been tied to religious exemptions in legislation protecting civil and human rights. In our current political moment, we cannot allow Kavanaugh’s approach to reducing the crucial separation between church and state that hinders the advancement of protections for LGBTQ students.

3. Kavanaugh is a threat to the civil rights of the LGBTQ community. While there are no public statements of Kavanaugh’s position, his record on civil rights and the support from anti-LGBTQ groups like the Family Research Council are strong indicators of how he may rule in future cases. We worry that he will fulfill the agenda of the historically anti-LGBTQ Trump administration, which has already taken actions like the reversal of guidance affirming transgender students. As cases like Doe v. Boyertown and Gavin Grimm v. Gloucester may soon be heard by the Supreme Court, advocates for LGBTQ students cannot afford to risk having Kavanaugh on the bench.

GLSEN’s concerns regarding a lifetime appointment of Brett Kavanaugh to the Supreme Court extend beyond our core mission of creating safe and inclusive schools for all. Brett Kavanaugh passed President Trump’s ‘litmus test’ to uphold and represent to the values of his administration. His record includes rulings against affordable health care and reproductive rights, opposition to affirmative action, support of expanded presidential powers, and harmful decisions on important issues that could set the health and prosperity of our nation back for generations.

CALL YOUR SENATOR NOW

You can do this by texting THREAT to 21333 or entering your number below. Enter your zipcode and you will be connected directly to your Senator’s Capitol office.

Feel free to use this script when you call:

My name is _____, and I'm a constituent from __(town)__. [As a student/ teacher/ parent/], I oppose Brett Kavanaugh's nomination to the Supreme Court and ask Senator _____ to OPPOSE his nomination. Thank you.

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