‘That’s Something I Never Thought Would Arise’

It was a stunning moment Wednesday afternoon. The Attorney General of the United States was asked a simple question, based on guidanceÂ â€“ a detailed memoÂ â€“ he himself released to all federal agencies just days earlier. And he just could not answer it.

When policy makers create policy, like guidance letters, they are supposed to consider as many options and issues as possible that might arise under the new directives they issue.

Democratic Senator Dick Durbin asked Attorney General Jeff Sessions if, under the new “religious liberty” guidance he issued less than two weeks ago, could LGBT people be discriminated against. Sessions was unable to answer. He just did not know.

Senator Durbin, speaking at the Senate Judiciary Committee’s oversight hearing of the Dept. of Justice, offered his former GOP colleague two scenarios. Sessions drew a blank for each.

Durbin asked Sessions if, under his own religious liberty guidance, aÂ Social Security Administration employee could refuse to process spousal or survivor benefits for the surviving spouse of a same-sex couple.

Sessions, his hands clasped, began to scratch his palm nervously as he paused.

Durbin: Does religious liberty guidance let fed workers & contractors refuse LGBT people? Sessions: [4 second pause] I’ll get back to you. pic.twitter.com/E67XzDxh9e â€” Dominic Holden (@dominicholden) October 18, 2017

He thought for a few seconds.

“That’s something I never thought would arise,” Sessions responded. “But I would have to give you a written answer to that, if you don’t mind,” Sessions told Durbin.

Durbin continued his line of questioning, asking if a federal contractor could refuse to provide services to LGBT people without risking loss of its federal contract.

Sessions appeared flustered and confused, asking if the question was related to Title VII of the Civil Rights Act, or to the guidance he had distributed.Â

“I’m not sure that that’s, um covered by” the guidance, Sessions responded, “but I’ll look.”

Moments later, he went on to insist that “a balance has to be struck” when it comes to people in commercial businesses, say, for example, a Christian baker, exercising their faith.

Sessions â€” who has argued a Christian baker could defy an LGBT nondiscrimination law â€” says “the balance needs to be properly struck.” pic.twitter.com/SjgrCk0bXv â€” Dominic Holden (@dominicholden) October 18, 2017

As Buzzfeed’s Dominic Holden, who posted these clips points out, Sessions “has argued a Christian baker could defy an LGBT nondiscrimination law.”

So much for “balance.”

And so much for actually understanding the very basics of your job, Mr. Attorney General.

Former Houston Mayor Annise Parker responded to an ACLU tweet noting Sessions’ remarks:

Atty General canâ€™t ensure a paid government employee follows the law? https://t.co/wbNom7O9Lf â€” Annise Parker (@AnniseParker) October 18, 2017

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