Hillary Clinton presidential campaign, 2016/LGBTQ rights

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Hillary Clinton announced her presidential run on April 12, 2015.[1]



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Hillary Clinton
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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

See also: Federal policy on LGBTQ rights, 2017-2020

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 Hillary Clinton and the 2016 Democratic Party Platform said about LGBTQ rights.

CANDIDATE SUMMARY
  • Clinton applauded the Obama administration’s guidance directing public schools to allow transgender students to use restrooms matching their gender identity.
  • Clinton said that she was committed to protecting LGBT and transgender rights.
  • Clinton praised the Supreme Court's decision in Obergefell v. Hodges.
  • She was critical of Republicans who rejected marriage equality.
    • Hillary Clinton LGBT ad December 6, 2015

    Democratic Party Clinton on LGBTQ rights

    • After the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity on May 13, 2016, Clinton spokeswoman Xochitl Hinojosa told The Washington Post, “Hillary Clinton applauds the Obama administration for taking actions this week to stand up for the rights of LGBT people–and particularly for the rights of transgender people–across the country.” She continued, “As president, she will fight to make sure all Americans can live their lives free from discrimination.”[12]
    • After North Carolina Governor Pat McCrory (R) signed House Bill 2 into law on March 24, 2016, Hillary Clinton tweeted, “LGBT people should be protected from discrimination under the law—period.”[13]
    • Clinton released a 70-second online ad on December 6, 2015, to show her support for LGBT equality. The video included scenes from a 2011 speech where she said “gay rights and human rights...are one and the same” played over clips of same-sex couples.[14]
    • Clinton argued on October 3, 2015, that the 14,000 soldiers forced to leave the military because of their sexual orientation should have their service records updated to reflect an honorable discharge.[15]
    • Clinton endorsed the Equality Act, a bill introduced on July 23, 2015, by U.S. Sen. Jeff Merkley (D-Ore.) and U.S. Rep. David Cicilline (D-R.I.), which sought “to protect LGBT people nationwide from discrimination in credit, education, employment, housing, federal financial assistance, jury service and public accommodations.”[16]
    • In March 2013, Clinton said, "I support marriage for lesbian and gay couples. I support it personally and as a matter of policy and law embedded in a broader effort to advance equality and opportunity for LGBT Americans and for all Americans."[17]
    Hillary Clinton for Human Rights Campaign's Americans for Marriage Equality
    • During a 2007 debate, Clinton said that "she wanted same-sex couples to have equal rights," according to The Washington Post. She also said, "I've...been a very strong supporter of letting the states maintain their jurisdiction over marriage."[18]
    • In 2003, Clinton opposed same-sex marriage, but she added, "I think most Americans are fair. And if they believe that people in committed relationships want to share their lives and, not only that, have the same rights that I do in my marriage, to decide who I want to inherit my property or visit me in a hospital, I think that most Americans would think that that's--that's fair and that should be done."[19]
    • In 2003, when asked if she supported a constitutional amendment banning same-sex marriage, Clinton said, "I think that would be a--a terrible step backwards. It would be the first time we've ever amended the Constitution to deny rights to people. And I think that should be left to the states. You know, I find it hard to believe in one program I'm agreeing with Newt Gingrich, now I'm about to agree with Dick Cheney. But I think Vice President Cheney's position on gay marriage is--is the right one."[19]
    Obergefell v. Hodges
    • Speaking at a fundraiser for the Virginia Democratic Party on June 26, 2015, Hillary Clinton applauded the Supreme Court's decision in Obergefell v. Hodges and criticized the Republicans' rejection of marriage equality. Clinton said, "This morning, they all decried the Supreme Court's ruling upholding marriage equality—we even heard them call for a constitutional amendment to strip away the right to equality from our gay brothers and sisters. Instead of trying to turn back the clock, they should be joining us in saying loudly and clearly, 'No, no' to discrimination once and for all. I'm asking them, please: Don't make the rights, the hopes, of any American, a political football for this 2016 campaign."[20]
    Transgender restroom access
    • After the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity on May 13, 2016, Clinton spokeswoman Xochitl Hinojosa told The Washington Post, “Hillary Clinton applauds the Obama administration for taking actions this week to stand up for the rights of LGBT people–and particularly for the rights of transgender people–across the country.” She continued, “As president, she will fight to make sure all Americans can live their lives free from discrimination.”[21]
    • After North Carolina Gov. Pat McCrory (R) signed House Bill 2 into law on March 24, 2016, Clinton tweeted, “LGBT people should be protected from discrimination under the law—period.”[13]
    • On Clinton's campaign website, the candidate described her commitment to protecting transgender rights: “We must do more to end discrimination against the transgender community. Hillary believes no one should be held back from fully participating in our society because of their gender identity. As secretary of state, Hillary made it possible for transgender Americans to have their true identity reflected on their passports. As president, she will work to protect transgender individuals from violence by directing the government to collect better data regarding crime victims and seeking to improve reporting of hate crimes; streamline identity documents to remove barriers to transgender Americans changing their gender marker on identification documents; and invest in law enforcement training focused on fair and impartial policing, including in interactions with LGBT individuals. Hillary will invest in law enforcement training that focuses on issues such as implicit bias, use of force, and de-escalation, as well as fair and impartial policing including in their interactions with the LGBT community, in particular transgender individuals. It will also focus on educating police officers on correctly identifying bias-motivated crimes.”[22]

    Recent news

    The link below is to the most recent stories in a Google news search for the terms Hillary Clinton Gay Rights LGBTQ LGBT. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

    Hillary Clinton presidential campaign, 2016/LGBTQ rights - Google News

    See also

    Footnotes

    1. ↑ CNN, "Hillary Clinton launches second presidential bid," April 12, 2015
    2. ↑ The News & Observer, "NC lawmakers heading for special session Wednesday to discuss LGBT ordinance," accessed March 23, 2016
    3. ↑ U.S. Departments of Justice and Education, "Dear Colleague Letter on Transgender Students," May 13, 2016
    4. ↑ Politico, "10 more states sue Obama administration over transgender bathroom directive," July 8, 2016
    5. ↑ The Huffington Post, "Donald Trump Thinks North Carolina Got It Wrong On Anti-LGBT Bathroom Bill," April 21, 2016
    6. ↑ Politico, "Trump: Transgender people can use whatever bathroom they want," April 21, 2016
    7. ↑ MSNBC, "Trump says he’s ‘evolving’ on gay marriage," November 9, 2013
    8. ↑ 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. ↑ 9.0 9.1 Indiana General Assembly, "Senate Bill 101," accessed April 15, 2015
    10. ↑ 10.0 10.1 Reuters, "Indiana governor signs religious freedom bill that could affect gays," March 26, 2015
    11. ↑ TIME, "Here’s What Mike Pence Said on LGBT Issues Over the Years," July 15, 2016
    12. ↑ The Washington Post, "Are Democrats leaning into the transgender debate?" May 13, 2016
    13. ↑ 13.0 13.1 The Advocate, “Clinton, Sanders Slam North Carolina’s Transphobic Law,” March 25, 2016
    14. ↑ Slate, "Hillary Clinton’s New LGBT Ad Is Radically Great—for One Very Specific Reason," December 7, 2015
    15. ↑ The Washington Post, "Hillary Clinton: Those kicked out of military for being gay should get honorable discharges," October 3, 2015
    16. ↑ The Huffington Post, "Hillary Clinton Endorses LGBT Nondiscrimination Bill," July 23, 2015
    17. ↑ NBC News, “Hillary Clinton backs gay marriage," March 18, 2013
    18. ↑ The Washington Post, “Democratic Candidates Address Gay Rights Issues," August 10, 2007
    19. ↑ 19.0 19.1 CBS News, “FACE THE NATION," December 7, 2003
    20. ↑ National Journal, "Hillary Clinton, Praising the Court's Marriage Decision, Pits Herself Against 'the Party of the Past,'" June 27, 2015
    21. ↑ The Washington Post, "Are Democrats leaning into the transgender debate?" May 13, 2016
    22. ↑ Hillary for America, “Issues: LGBT Equality,” accessed April 6, 2016
    23. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    24. ↑ Democratic Party, "The 2016 Democratic Party Platform," accessed August 23, 2016
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