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Sullivan, Gallagher trade barbs on marriage at forum

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Maggie Gallagher, president of the National Organization for Marriage (DC Agenda photo by Michael Key)

A forum intended to address whether LGBT people have a place in the conservative movement quickly gave way to discussion on the validity of same-sex marriage as a conservative value.

Gay conservative blogger Andrew Sullivan and Maggie Gallagher, president of the National Organization for Marriage, presented opposite sides of the argument Wednesday during a Cato Institute forum in Washington, D.C.

Sullivan said he’s touted same-sex marriage as a conservative value since the publication of his 1995 book “Virtually Normal,” and noted that he remains “in favor of marriage rights rather than civil partnerships.”

“I believe that gay people are members, integral members, of our families, and we deserve not to be cast out or segregated from them as we grow old,” he said.

When gays realize their sexual orientation, Sullivan said, they suffer considerable psychological pain when they subsequently realize they won’t be able to marry.

“We were told as kids when we figured out we were gay and we knew that could never happen to us,” he said. “The psychic wound and pain that it inflicts — and still inflicts everyday on our children — destroys the psyche, warps the soul, destroys the soul.”

But Gallagher rejected the notion that same-sex marriage could be considered a conservative value, citing majority opposition to gay nuptials in national polling.

“Somewhere between 55 to 60 percent — even if they support gay rights — think this marriage thing is something else, gay marriage is not right,” she said.

Gallagher also decried that people in the United States who believe marriage should only be between one man and one woman are accused of being bigots.

“People are waking up in a American where suddenly their deepest core moral convictions — they’re being told are immoral and should be the legal equivalent of racism,” she said. “It’s pretty striking and people are pretty scared.”

Arguing that not all gays are in support of same-sex marriage, Gallagher said she knows openly gay people who’ve worked for NOM and believe that same-sex couples shouldn’t have marriage rights. When pressed by Sullivan to names these individuals — arguing they couldn’t be outed if they’re openly gay — Gallagher declined.

Also in her argument against same-sex marriage, Gallagher lamented the Catholic Church’s recent decision to close its foster services in D.C. now that marriage rights for gay couples will soon be available in the district.

In response, Sullivan noted that divorce has always been available in D.C., and the Catholic Church had run a foster agency in the district even though divorce runs contrary to Catholic beliefs.

But the primary focus on the forum — titled “Is There a Place for Gay People in Conservatism and Conservative Politics?” — was whether gays belong in the conservative movement, particularly if they’re concerned about the advancement of LGBT rights.

Nick Herbert, a gay member of British Parliament and the country’s Conservative Party, said his party has made considerable headway in reaching out to LGBT people, even going so far as to apologize for the party’s past hostility toward them.

Herbert said the Conservative Party has adopted acceptance of gays because of the tenet of democracy that all people are created equal.

“Conservatives should always believe that everyone should have an equal chance in life, regardless of any other factors, and that they should not be discriminated against,” he said.

Herbert said a successful political party should be open to everyone and reflect the country it aspires to govern. He noted that if the Conservative Party secures a majority in the House of Commons by one just seat in the upcoming election, the party would likely have more openly gay ministers serving in government than the Labor Party.

Herbert said although he’s a conservative, he supports hate crimes legislation in his country and he rejects legislation that would prohibit same-sex couples from adopting. He also noted that Conservative Party leader David Cameron endorsed civil partnerships as relationship recognition for same-sex couples.

“Gay people are not the property of the left, or of any party,” he said. “They will vote for the political party which best sits with their views, so long as that party does not make itself taboo.”

But Gallagher expressed skepticism about whether gays could be involved in the American conservative movement if they’re seeking new laws that would require religious people to tolerate gays.

Gallagher also said she didn’t think the British model for conservatism would fit well in the United States and that she didn’t know many American conservatives who would like their movement to be more like the movement in the United Kingdom.

“With all due respect, I’m not here to say what a British conservative should believe, but it seems to me that America remains a unique place for the protection of liberty, or classical liberalism, which I share,” she said.

But Sullivan maintained that gays in American can identify as conservatives, even though he said the Republican Party doesn’t embraced conservatism.

“I do not see the connection between being gay and whether you are in favor of the Iraq war,” he said. “I simply do not see a connection between being gay and whether you believe in a carbon tax rather than cap-and-trade.”

Sullivan decried how the Republican Party in recent years had taken upon itself to demonize LGBT people to win elections — particularly in 2004 when former President George W. Bush endorsed the Federal Marriage Amendment.

At the forum’s end, Sullivan gave a few barbed responses to questions from the audience. The moderator asked Sullivan, who endorsed President Obama in the 2008 in the election, how conservatives can support the president even though Obama supports government expansion.

Sullivan said he wouldn’t answer because it has no relevance to topic of the forum.

“That’s an utterly irrelevant question to this conversation,” he said. “I won’t answer it. I’m happy to answer it at some other level, but it’s so utterly unrelated to the subject we’re talking about, I think it’s a preposterous question.”

Additionally, Sullivan rebuked an accusation from audience member Jamie Kirchick, a writer for The New Republic, who said Sullivan doesn’t “speak for gay conservatives.”

Kirchick noted the significant number of gays who said in exit polls they voted for Republican nominee John McCain in the 2008 election.

Sullivan said was very clear in his book “The Conservative Soul” in how he adheres to conservatism and that he’s been studying the works of conservative intellectuals for some time.

“I think a know a little bit more about it than Jamie Kirchick, to be honest, and I do not believe the conservative movement as it now exists in America has a place for a conservative like me,” Sullivan said. “But I do refuse to give up the term conservative because it’s something that I believe in.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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