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Amy Coney Barrett on LGBTQ Rights

Skeptic of LGBTQ protections (strong)

TL;DR

Amy Coney Barrett's judicial philosophy and past affiliations raise significant concerns regarding her commitment to existing LGBTQ rights protections.

Key Points

  • She was a paid speaker on five occasions in connection with the Alliance Defending Freedom (ADF), which opposes rights for LGBTQ adults.

  • During her confirmation hearing, she used the phrase “sexual preference” when referring to sexual orientation, later clarifying she did not mean to cause offense.

  • She served as a trustee at Trinity Schools Inc., a private institution with policies barring children of same-sex parents while she was on the board.

Summary

Amy Coney Barrett’s confirmation to the Supreme Court generated concern among LGBTQ advocacy groups who view her judicial philosophy and record as a threat to established rights. A primary area of concern stems from her past involvement with organizations like the Alliance Defending Freedom (ADF), for which she was a paid speaker on five occasions. The ADF has been designated as a hate group by some organizations due to its history of opposing the recriminalization of same-sex acts and defending policies against transgender individuals. Furthermore, during her tenure as a trustee at Trinity Schools Inc., the private religious schools maintained policies that effectively barred children of same-sex parents and expressed opposition to same-sex marriage, which critics argue signals hostility toward gay rights.

During her confirmation hearing, Barrett used the term “sexual preference” when discussing LGBTQ rights, a phrasing rejected by advocates as it implies sexual orientation is a choice; she later apologized for the wording. Her embrace of an extreme form of originalism suggests a willingness to overturn precedents, like the same-sex marriage ruling in Obergefell v. Hodges, which activists fear will be targeted alongside Justice Thomas and Justice Alito. Her judicial record, including a suggestion that Title IX does not protect transgender persons, indicates an alignment with those who oppose full rights for LGBTQ persons, making her appointment a crisis point for equality advocates.

Key Quotes

She has ruled that a co-worker calling another coworker the n-word does not constitute a hostile work environment.

Professor Barrett had the time to introduce a Federalist Society event, featuring homophobic Notre Dame alum Sherif Girgis, the author of, What is Marriage? Man and Woman: A Defense.

Frequently Asked Questions

Advocacy groups express deep concern about Justice Barrett’s record on LGBTQ rights, viewing her as a threat to existing protections. Her judicial philosophy, which suggests a skepticism toward broad interpretations of civil rights laws, is cited as a reason for potential future rulings against the community. She has demonstrated alignment with groups that actively oppose full equality for LGBTQ individuals.

During her Supreme Court confirmation process, Amy Coney Barrett repeatedly refused to say whether she agreed with the Obergefell v. Hodges ruling that legalized same-sex marriage nationwide. Opponents fear her originalist judicial philosophy would lead her to join a majority to overturn that precedent, as other conservative justices have signaled openness to reconsidering it.

There is no clear evidence that Amy Coney Barrett has fundamentally changed her judicial stance or core philosophy regarding LGBTQ rights since her confirmation. Her past affiliation with organizations opposing LGBTQ protections and her stated judicial methodology suggest a consistent judicial outlook that concerns civil rights organizations.