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More scrutiny of Obama’s marriage views

President insists it’s a state issue

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White House Press Secretary Jay Carney (Blade file photo by Michael Key)

President Obama’s position on marriage equality came under renewed scrutiny Monday during a press briefing at the White House when press secretary Jay Carney was asked about California’s Proposition 8, which overturned marriage rights for same-sex couples in 2008.

A Wall Street Journal reporter asked if Obama’s belief that marriage should be left to the states means California voters should decide for themselves whether or not to legalize same-sex marriage.

“I’m not disagreeing with that interpretation,” Carney said. “But he has said quite clearly, as he did with the [Defense of Marriage Act] decision, and as he did on Thursday that he believes that it’s for the states to decide.”

On Thursday — one day before New York legalized same-sex marriage —Obama reiterated his view that marriage is a state issue during an LGBT fundraiser in New York City.

In June 2008, the Alice B. Toklas Club in San Francisco announced that it had received a letter from then-Democratic presidential candidate Obama reading, “And that is why I oppose the divisive and discriminatory efforts to amend the California Constitution, and similar efforts to amend the U.S. Constitution or those of other states.”

Asked to clarify Carney’s comments on Monday, Shin Inouye, a White House spokesperson, replied, “The president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples and believes strongly in stopping efforts designed to take rights away. That is why he opposed the Federal Marriage Amendment and Proposition 8.”

After voters approved Prop 8 and state litigation seeking to overturn the ban failed, the American Foundation for Equal Rights filed a federal lawsuit challenging the marriage ban. Last year, a U.S. district court in San Francisco determined that Proposition 8 violated the U.S. Constitution. The lawsuit is on appeal, so the fate of Prop 8 remains unknown. Some advocates say Obama’s position on marriage could have an impact on how courts examine the issue.

Carney was cautious about saying more about the president’s position on the marriage ban and maintained that Obama “very strongly supports equal rights.”

“I’m not going to put words into his mouth applying to another state,” Carney said. “You can analyze that because I haven’t heard him say that. But obviously, the DOMA decision, what he said in New York is about his belief — our belief that this is a matter the states should decide.”

In February, Obama announced that he would no longer defend DOMA in court because he believes the statute is unconstitutional. At the fundraiser on Thursday, Obama indicated he believes DOMA is unconstitutional because it interferes with a state’s right to regulate marriage.

Later, during the briefing, the issue of same-sex marriage emerged again when reporter Bill Press asked how the president can square his belief that marriage should be left to the states while at the same time saying he believes same-sex couples deserves the same rights as opposite-sex couples.

“Well, look, I’m not going to — the president has made his position clear,” Carney replied. “It’s not very useful for us to have this debate. I think the president spoke about this on Thursday, he’s spoken about it — sorry — a number of times in the past.”

Pressed further on whether Obama has “missed an opportunity” to endorse same-sex marriage prior to New York’s decision to legalize gay nuptials, Carney replied, “Again, the president — the president’s record on issues involving and of concern to the LGBT community is exemplary and we are very proud of it. He continues to fight on behalf of that community for the rights, for equal rights, and his position on New York, he, himself, rather than his press secretary, spoke at length about just a few nights ago.”

Obama has held various positions on same-sex marriage. In 1996, when running to become an Illinois state senator, Obama in a questionnaire response to what is now the Windy City Times wrote, “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.”

But during his 2008 presidential campaign, Obama said he believes marriage is between one man and one woman and backed civil unions for gay couples. Since October, Obama has suggested he could evolve on the marriage issue, but he has yet to endorse gay nuptials.

A partial transcript of the exchange between reporters and Carney during the White House news briefing follows:

Wall Street Journal: …Does that mean he also respects the outcome of democracy at work in California where voters decided to reject the idea of gay marriage?

Jay Carney: I think as you saw in the decision we announced … this administration would no longer be participants defending the Defense of Marriage Act because we don’t believe it’s constitutional. That is precisely because of his belief that this a matter that needs to be decided by the states. So without commenting on a particular other state, I think we’ve been making that clear with regard to the action in New York. …

I’m not going to put words into his mouth applying to another state. You can analyze that because I haven’t heard him say that. But obviously, the DOMA decision, what he said in New York is about his belief — our belief that this is a matter the states should decide.

Journal: And the central argument in the challenge to Proposition 8 by supporters of same-sex marriage rights is that this isn’t something that should be decided state-by-state, but there are federal rights involved —

Carney: The president very strongly supports equal rights and he’s made that clear as well, and he said it again in New York at the event that we’re discussing. …

I don’t really have a lot I can say about Proposition 8 with regards to what the president said last week. I’m not willing to go to what the president didn’t discuss. I can talk about we he did discuss.

Journal: But the proper reading of what he said — it sounds what you’re saying, and I want to be clear, is that, yes, this is up to the states, and if New York decides that they want to allow same-sex marriage, great, if California decides that they don’t want to, then that’s their decision as well.

Carney: Well, yeah, I can’t improve upon the words that the president delivered publicly — whatever night that was — Thursday night. I’m not disagreeing with that interpretation. But he has said quite clearly, as he did with the DOMA decision, and as he did on Thursday that he believes that it’s for the states to decide.

Bill Press: I want to come back to the same-sex marriage issue, if I can. If the opportunity to enjoy the same right as same-sex couples as straight couples is a basic civil right, how can you square that with saying we leave it up to the states?

Carney: Well, look, I’m not going to — the president has made his position clear. It’s not very useful for us to have this debate. I think the president spoke about this on Thursday, he’s spoke about it — sorry — a number of times in the past. So, you can take it to other places, but I think …

Press: But let me ask this, with New York being the largest state so far to recognize same-sex marriage, are you concerned that the president have missed his opportunity to lead on this issue?

Carney: Again, the president — the president’s record on issues involving and of concern to the LGBT community is exemplary and we are very proud of it. He continues to fight on behalf of that community for the rights, for equal rights, and his position on New York, he, himself, rather than his press secretary, spoke at length about just a few nights ago.

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Oklahoma

Medical examine releases final autopsy on Nex Benedict’s death

Okla. high school student died by suicide in February

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Nex Benedict (Family photo)

The Oklahoma Medical Examiner’s Office released the full report Wednesday on the results of its investigation into the death of Nex Benedict, a 16-year-old transgender teen whose death has become a hot button topic in ongoing national discourse over transphobic and homophobic bullying in public school settings.

Earlier this month the medical examiner’s office released the first page of the report stating that Benedict’s death was caused by an overdose of Benadryl and Prozac, and ruled the death a suicide.

Owasso Police Department Lt. Nick Boatman said in a statement to the media at the time of the release of the initial finding: “From the beginning of this investigation, Owasso Police observed many indications that this death was the result of suicide. However, investigators did not wish to confirm that information without the final results being presented by the Oklahoma Medical Examiners Office.”

The Owasso Police Department released body cam footage from the interview conducted by the Owasso High School resource officer taken at the emergency room, investigating the attack on Benedict by three other female juveniles earlier that day in a school bathroom.

Tulsa County District Attorney Steve Kunzweiler released a statement last week that said no criminal charges will be filed in the death of the 16-year-old Owasso High School trans student.

In part the district attorney said because the finding by the Oklahoma State Medical Examiner precluded the possibility that the death was caused directly from the physical altercation at the school the day prior to the teen’s dying.

According to the district attorney, Benedict had written notes talking about suicide but did not reference the fight or incidents at school. Kunzweiler stated that the notes are personal to Benedict’s family and will not be released.

16-year-old trans teen Nex Benedict being recorded on Owasso Police Department body cam footage at the emergency room after he was attacked in a bathroom at Owasso High School speaking with the Owasso High School resource officer.

The report also detailed injuries sustained in the fight from the day before, including several small cuts and bruises on their face and body. Benedict also had a 4×3 inch bruise on his chest from resuscitation efforts. The medical examiner also found yellowing bruises on Benedict’s arms, legs and torso that were healing before the time of the fight. The medical examiner’s office also found evidence of self-inflicted wounds on the arm.

Several Oklahoma-based LGBTQ organizations responded to the release of the full autopsy report along with national LGBTQ advocacy groups GLAAD, the Human Rights Campaign and the Rainbow Youth Project.

“As our community continues to grieve and remember Nex, it’s clearer than ever that everyone from Oklahoma’s State Superintendent of Public Instruction Ryan Walters to Owasso High School staff members to the Owasso Police Department, Tulsa District Attorney, and unaccredited-since-2009 state medical examiner’s office failed to deliver justice for Nex Benedict and Nex’s loved ones,” said Nicole McAfree, executive director of Freedom Oklahoma.

“A harm doubled by the continued lack of respect for the tribal law enforcement who should be involved in a case that involves the death of an Indigenous person on reservation land. As we approach the end of the Oklahoma legislative session, lawmakers should take the opportunity to send a message of adamant opposition to anti-2SLGBTQ+ legislation and policies; and support for measures that enable more empathy, kindness and compassion, not less. Nex should be alive, and the very least we can do in Nex’s memory is demonstrate our commitment to building a better world that makes it impossible for this heartbreaking tragedy to happen again,” McAfree added.

Oklahoma Pride Alliance President Kylan L. Durant said; “Today’s news is the latest disappointing development in Nex Benedict’s tragic story. The best way to honor Nex’s memory now is by taking tangible steps to secure meaningful policies and platforms that make life better for all LGBTQ and 2STGNC+ youth. All Oklahomans deserve to live in a world that treats us with full dignity and respect, and where we can access spaces that allow us to live as our honest, authentic selves. We will never stop advocating for equality and justice in honor of Nex and too many others who left us too soon.”

The Rainbow Youth Project reported an uptick in crisis calls from Oklahoma since Benedict’s death:

  • 1,097 calls from Oklahoma in February.
  • 824 calls from Oklahoma in March so far.
  • Note that the average for the state is 357 per month.
  • Oklahoma youth reaching out to Rainbow Youth Project reported experiencing anti-LGBTQ bullying and specifically called out Walters:
    • 82 percent reported bullying.
    • 62 percent cited anti-LGBTQ rhetoric from Walters.

More than 350 organizations signed a letter one month ago calling for the Walters’ removal following his long history of leadership failures and anti-LGBTQ rhetoric.

“Since Nex’s death, the crisis lines at the Rainbow Youth Project continue to increase in calls and outreach from young people who feel discouraged and hopeless. It’s incumbent upon all of us to secure safety and well-being for young people, especially those who are most at risk of being bullied and singled out,” said Christopher Sederburg, leader of the Rainbow Youth Project’s Transgender Action Committee. “It’s hard enough to be a young person in the world today without worrying about doing something as simple as attending school safely. Nex’s death is a tremendous loss and we must do everything in our power to prevent similar tragedies from taking place in the future. Oklahoma State Superintendent Ryan Walters and the Oklahoma Department of Education must enact change and do right by all students.”

GLAAD President Sarah Kate Ellis in a statement released after the report was made public said:

“This report cannot be seen as a conclusion of the investigation into the death of a teenager who should still be here today. Oklahoma’s supposed leaders must still provide answers to the public about the state-sponsored bullying by legislation, the inadequate response to violence in a school bathroom, and all the failures to keep Nex safe that continue to endanger LGBTQ and 2STGNC+ people in Oklahoma. GLAAD continues to call for an independent investigation to resolve the systemic failures that led to Nex’s death. Our hearts remain with Nex’s family, with Oklahoma’s incredible 2STGNC+ and equality advocates and all LGBTQ youth who deserve to grow up in peace and safety.”

Kelley Robinson, president of the Human Rights Campaign, released the following statement: 

“The full report does little to fill in the gaps in information about that day or the more than a year of bullying and harassment that led up to it. It does not answer the questions of so many in Oklahoma and across the country. We continue to support the calls from Nex’s family for an independent investigation.

Young people in Oklahoma and across the country deserve to be safe and respected in school. This includes young people who may dress differently, speak differently, or identify differently from you. What’s clear from Nex’s death, and from what we’ve heard from so many students and parents in Owasso and across the state, is that this is not the case. Instead, we have seen the very adults who should be working to protect Oklahoma’s kids actively foster the hostile environment that makes students unsafe.

The release of today’s report does not change the fact that LGTBQ+ students in Oklahoma are not safe at school. And it does not change our continued calls for justice and accountability.  We reiterate our call for a full and complete investigation into the district, state Supt. Ryan Walters, the Oklahoma State Department of Education and into their response after Nex was attacked.”

On March 1, the U.S. Department of Education informed Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the tragic death of Benedict.

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to U.S. Secretary of Education Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s tragic death.

Rainbow Youth Project USA Executive Director Lance Preston echoed his fellow non-profit CEOs at GLAAD and HRC, telling the Washington Blade:

“In a unified effort with Human Rights Campaign and GLAAD, Rainbow Youth Project USA is calling for an independent autopsy to ensure a thorough investigation into the circumstances surrounding the youth’s death. 

Rainbow Youth Project USA, demands that educational institutions in Oklahoma and across the country take immediate action to address the pervasive issue of bullying and harassment faced by LGBTQ+ students. 

Statistics reveal that 58 percent of LGBTQ+ youth in Oklahoma feel unsafe at school, painting a grim picture of the challenges these individuals face on a daily basis. “Schools must be safe and inclusive environments for all students, regardless of their sexual orientation or gender identity. It is unacceptable that a significant number of LGBTQ+ students are experiencing bullying and harassment.”

Rainbow Youth Project USA, based on recent data, received 1,097 crisis calls from Oklahoma in February alone. Nearly 86 percent of these callers reported instances of being bullied within the state’s schools, highlighting the urgent need for improved support and protection for LGBTQ youth. 

In a conversation with the Blade on Wednesday, investigative journalist T.J. Payne reflected on the report:

“I can’t help but feel a sickness around all of it. As a trans person, reading a trans child’s autopsy is really fucked. Referring to their various insides as normal, intact, not usual. If only we described trans people the same way externally. Just like everybody else in the world trying to survive.”

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Federal Government

National Security Council meets with Ugandan LGBTQ activist

Frank Mugisha met with the NSC on Monday

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Frank Mugisha, Gay News, Washington Blade
Sexual Minorities Uganda Executive Director Frank Mugisha (Washington Blade photo by Michael K. Lavers)

The U.S. National Security Council met with Ugandan LGBTQ rights activist Frank Mugisha on Monday, according to a spokesperson who reaffirmed America’s opposition to civil rights abuses against LGBTQ people in the East African country.

Last year, Uganda passed the Anti-Homosexuality Act, a law that criminalizes, with prison sentences, identifying as gay or lesbian and imposes the death penalty for “aggravated homosexuality.”

The Biden-Harris administration has repeatedly denounced the legislation and called for its repeal.

“There have been increased reports of evictions, vigilante attacks, and police harassment, abuse, and detainment of individuals who are or are perceived to be LGBTQI+, including reports of the Ugandan police subjecting individuals to forced anal examinations – an abusive, degrading practice that serves no investigative or public health purpose,” the White House wrote in a December 2023 fact sheet.

In a post on X about the meeting with Mugisha, Adrienne Watson, special assistant to the president and National Security Council senior director for press and spokesperson, wrote that the “United States continues to have zero tolerance for any form of discrimination or harmful activities.”

Mugisha, who is gay, is one of the most prominent LGBTQ advocates in Uganda, winning the Robert F. Kennedy Human Rights Award and Thorolf Rafto Memorial Prize for his work in 2011. He was nominated for a Nobel Peace Prize in 2014.

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District of Columbia

D.C. events to commemorate International Transgender Day of Visibility

Monica Beverly-Hillz to attend Blossom Gala at Hook Hall

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(Washington Blade file photo by Michael K. Lavers)

Trans USA National Pageantry and the National Center for Transgender Equality will hold a series of events in D.C. on Sunday in commemoration of the International Transgender Day of Visibility.

The TRANSform the Vote rally will take place on the National Mall.

Organized by the Queer Equity Institute and NCTE, the event aims to celebrate trans liberation, combat violence and promote civic engagement. Elected officials, activists and artists are expected to participate. 

Queer Equity Institute Executive Director Leigh Finke and NCTE Executive Director Rodrigo Heng-Lehtinen discussed the rally and how it will empower the trans community and promote advocacy.

“From restricting access to medically necessary healthcare to denying trans students the opportunity to participate in sports, we have seen nationwide efforts to exclude trans people from society,” said Heng-Lehtinen. “TRANSform the Vote presents a historical moment for us to empower our community — casting our votes and participating in democracy is just one of many ways our community can advocate for the issues that matter to us.”

Finke, Minnesota’s first openly trans lawmaker who wrote the state’s groundbreaking trans refuge bill, echoed Heng-Lehtinen.

“Over the past few years, we’ve watched again and again as ‘jokes’ became hate speech, hate speech became bills, bills became laws; and all the jokes, hate speech and laws created an environment where transgender people are assaulted, beaten and murdered,” said Finke. “Some of the most important tools we have to fight back against these attacks is to change the culture through voting, running for office and creating art and music that shift society. This rally is meant to highlight and encourage folks to use those tools in their communities.”

Confirmed speakers and participants aside from Finke and Heng-Lehtinen include:

  • Minnesota state Rep. Alicia “Liish” Kozlowski, who is one of the country’s foremost activists for Indigenous trans and two-spirit people.
  • Minneapolis City Council President Andrea Jenkins.
  • Angelica Ross, a Buddhist artist and human rights activist.
  • Visual artist Cassils

The first annual Blossom Gala will take place at Hook Hall (3400 Georgia Ave., N.W.) and will feature keynote speakers, a Q&A panel discussion featuring national leaders in the trans rights movement and drag performances. Cherry Bomb, which will cap off the event, is an all-trans drag showcase.

Mr. Trans USA 2020 Eddie Broadway; Miss Trans USA 2020 Bianca Nicole and Candi Stratton, a world-renowned Cher illusionist, are among those who are expected to perform. Other participants will include Miss Trans USA 2023 Anya Marino, Mr. Trans USA 2023 Trey C. Michaels and NCTE National Organizer Sybastian Smith.  

Monica Beverly-Hillz from “RuPaul’s Drag Race” will also participate.

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