The Trump Administration
recently voted against a United Nations Human Rights Commission resolution (United Nations Human Rights Commission resolution) condemning the use of capital
punishment against people because they are gay, lesbian, bisexual, or
transgender. Reported here.
My initial reaction was
that not only does President Trump endorse a candidate for Senate, Roy Moore,
who would put my sons and sons-in-law in jail, but he goes along with foreign
governments who would execute them and make orphans of my grandchildren. What could the Trump Administration say in defense of its United Nations
vote? And what could Republican officeholders with gay children like Senator Robert Portman (R-Ohio) have to
say? Would they say that these are matters upon which reasonable people of good
will can differ?
Well, we have the answer
to the first of my questions. And I do not find it satisfactory.
The Administration
asserts that the language the UN Human Rights Commission of September 2017 principally
involved a total condemnation of capital punishment (something still legal in
most states and under federal law) and that that is why the Administration
voted NO. See here. A State Department spokesperson made the
following statement:
“As our representative to the Human
Rights Council said last Friday, the United States is disappointed to have
voted against that resolution. We voted against that resolution because of
broader concerns with the resolution’s approach in condemning the death penalty
in all circumstances, and it called for the abolition of the death penalty
altogether. We had hoped for a balanced and inclusive resolution that would
better reflect the positions of states that continue to apply the death penalty
lawfully, as the United States does. The United States unequivocally condemns
the application of the death penalty for conduct such as homosexuality,
blasphemy, adultery, and apostasy. We do not consider such conduct
appropriate for criminalization.”
I myself am not
a proponent of total abolition of the death penalty. After the Holocaust and
the Nuremberg Trials, I personally cannot be so categorical, even though I
recognize the horrible inconsistencies, unfairness, and invidious
discrimination in its implementation. This is a tough question over which, I believe, reasonable people may differ. But the September 2017 resolution, while it
“urges” States like the United States to “consider” abolition, it does not
itself require abolition. Rather, it
condemns discriminatory use -- like killing LGBT people for simply living their
lives.
So I believe that the Trump
Administration’s vote against the September 2017 resolution is essentially a wink
and a nod toward the most heinous of anti-LGBTQ forces, yet another attempt to
have it both ways on issues where Trump's Roy Moore/Steve Bannon base and the rest
of the American citizenry fundamentally differ.
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