Utah Senator Mike Lee, a Republican, is
leading a one-man effort to block the nomination of attorney Chai
Feldblum to a third term on the U.S. Equal Employment Opportunity
Commission (EEOC).
Earlier this year, President Donald
Trump, at the request of Senate Democrats, nominated Feldblum, who is
openly gay, and, at the request of Senate Republicans, two others to
the EEOC.
On Wednesday, Lee, a Mormon, accused
Feldblum of being an “activist” opposed to “religious freedom.”
He also said that he could not support her nomination because of her
support for same-sex marriage.
“Ms. Feldblum has written that she
sees a conflict between religious belief and LGBT liberty as 'a
zero-sum game' where 'a gain for one side necessarily entails a
corresponding loss for the other side,'” Lee said on the Senate
floor. “These are not the words of an open-minded lawyer. These
are the words of an activist intent on stamping out all opposition to
her cause.”
According to Senate rules, a single
senator can block – possibly kill – a presidential nomination to
a non-judicial appointment.
Currently, the EEOC will have only two
out of five members beginning on January 1. They need at least three
members to form a quorum.
In an op-ed, Feldblum denied Lee's
assertions, adding that Lee refused to meet with her.
“Senator Lee asserts that my use of
the term 'zero sum game' to describe the conflict that can arise
between LGBT rights and religious liberty means that I believe LGBT
rights must always prevail in such a conflict,” Feldblum
wrote. “Senator Lee has it completely backwards. I used the
term 'zero sum game' in a law
review article in 2006 for the precise purpose of calling
attention to the potential conflict that concerns Senator Lee and
others. As
I have explained, the point of using that term was to force
people, particularly defenders of LGBT rights, to acknowledge that a
conflict can indeed arise when those who believe homosexuality is
sinful are forced to comply with a non-discrimination law protecting
LGBT people. It is only if one acknowledges such a conflict in the
first place that one can begin to explore what rights should be
protected under different circumstances.”
“During the confirmation process, I
asked Senator Lee several times to meet with me so he could hear my
views directly. He chose not to do. It is unfortunate that I did not
have the opportunity to explain to Senator Lee how the quotes he was
using failed to capture my full position.”
“Senator Lee and others may feel they
have kept a rabid opponent to religious liberty off the Equal
Employment Opportunity Commission. They are wrong. It is true that
they have ensured that someone who cares deeply about both religious
liberty and LGBT rights won’t be protecting those interests from
the perch of the EEOC. But I have fought for the civil rights of LGBT
people, religious people and others for years. I won’t be stopping
now,” she concluded.
Lee scored zero on the Human Rights
Campaign's (HRC) most recent Congressional
Scorecard, a measure of a lawmaker's support for LGBT rights.