GLAAD Statement on the Trump Administration's Nomination of Brett Kavanaugh to Supreme Court

Brett Kavanaugh has garnered the support of anti-LGBTQ organizations throughout his career
July 9, 2018

Sue Yacka-Bible
Director of Communications, GLAAD
(646) 871-8028

NEW YORK - GLAAD, the world’s largest LGBTQ media advocacy organization, today condemned President Trump’s nomination of Brett Kavanaugh for the U.S. Supreme Court seat made vacant by the retirement of Justice Anthony Kennedy. Kavanaugh’s extreme conservative record and his past support by Southern Poverty Law Center-designated anti-LGBTQ hate group Family Research Council (FRC) are deeply concerning. Kavanaugh could carry out the expressed views of President Trump, who as a candidate stated that he disagreed with the Supreme Court's gay marriage ruling in the case of Obergefell v. Hodges and said he would "strongly consider" appointing judges who would overturn the decision.

GLAAD encouraged supporters to contact their Senators via the organization’s Amp Your Voice Action Center.

“If confirmed, Brett Kavanaugh will have the chance to codify President Trump and Vice President Pence’s dangerous anti-LGBTQ record and the agenda of anti-LGBTQ groups into law for decades to come,” said Sarah Kate Ellis, President and CEO of GLAAD. “Like Neil Gorsuch before him, Kavanaugh is an ideologically driven pick designed to create an activist Supreme Court that will undermine rights and protections for women, LGBTQ people, immigrants, and all vulnerable people. Americans do not want or need 40 more years of Trump’s values.”

Known anti-LGBTQ hate group Family Research Council has supported Kavanaugh’s nomination to the D.C. Circuit Court of appeals, and several anti-LGBTQ groups and organizations are also known to have played a role in recommending and vetting President Trump’s lists of Supreme Court nominations in advance, including Kavanaugh.

The Federalist Society, a pipeline for conservative judges to gain appointments, including to the Supreme Court, vetted Kavanaugh. The Federalist Society has produced materials arguing against every major LGBTQ policy proposal including the Employment Non Discrimination Act, hate crimes legislation, Don’t Ask Don’t Tell, and transgender accommodations. Kavanaugh has been a member of the Federalist Society which was also instrumental in Chief Justice Roberts’ nomination and confirmation along with Justices Neil Gorsuch and Samuel Alito, all of whom were members.

Kavanaugh was also vetted, and is considered to be a “stellar” judge, by  the virulently anti-LGBTQ Heritage Foundation, which has claimed that marriage equality would make people less monogamous, increase abortions, and eventually lead to “group marriage,” and consistently opposes transgender rights.   

Should Kavanaugh be confirmed, marriage equality would not be the only Supreme Court precedent in jeopardy. As a candidate, President Trump stated that he will only put "pro life" judges on the court, and that he wants to overturn the landmark Roe v. Wade decision that recognized that the constitutional right to privacy extends to a woman’s right to make personal medical decisions, including access to abortion. Kavanaugh dissented on a recent decision that allowed an immigrant teenager to access an abortion.

President Trump’s concerning selection of Brett Kavanaugh, and his record of appointing anti-LGBTQ federal judges, have put hard won LGBTQ rights and protections in jeopardy. GLAAD is encouraging people to contact their Senators and ask them to support pro-equality judicial nominations and oppose Kavanaugh’s confirmation at our Amp Your Voice Action Center.