National
Obama earns mixed reviews on LGBT progress
Is the president our ‘fierce advocate’ or a disappointment?

Once hailed as a ‘fierce advocate’ of LGBT equality, President Obama now inspires mixed reviews from activists. (Photo by Pete Souza; courtesy of the White House)
After 18 months in office, the harsh realities of politics and compromise have caught up to President Obama. Hailed as a champion of LGBT rights during the 2008 campaign, LGBT rights advocates now give Obama mixed reviews for his performance to date.
In a statement to the Blade, Joe Solmonese, president of the Human Rights Campaign, said “there’s no doubt” that Obama has done more for LGBT people than any other U.S. president in history.
“Within the constraints of current law, he’s advanced policies that will vastly improve the lives of tens of millions,” Solmonese said. “Has change occurred quickly enough? No. The pace of change will never be quick enough for a community that is consistently denied their equality.”
Solmonese noted that LGBT people continue to face inequality on “a whole host of fronts” that could be remedied through legislative or policy change.
“But none of that obscures the fact that this president has and will continue to be our partner and advocate,” Solmonese said.
But Richard Socarides, a gay New York attorney who was an adviser to former President Clinton, has a very different view of Obama’s tenure. Socarides said there’s a “pretty strong consensus that it’s been a disappointing 18 months.”
Among Obama’s early disappointments, Socarides said, was the invitation to Rick Warren, pastor of the Saddleback Church in California and staunch opponent of same-sex marriage, to give the invocation during last year’s inauguration.
More recently, Socarides said he was unhappy that Obama approved a “Don’t Ask, Don’t Tell” repeal compromise that “did not include a non-discrimination rule, nor even actual repeal.”
“When Obama took office, these were our priorities: open military service, a federal statute banning workplace discrimination, and repeal of federal anti-marriage laws,” Socarides said. “You tell me how we’re doing.”
Socarides also criticized the White House for failing to install a senior official whose primary responsibility is LGBT rights, much like the role he held in the Clinton administration.
“There is no gay person in Obama’s inner circle, period,” Socarides said.
Shin Inouye, a White House spokesperson, said Obama ran on a commitment to bring change to all Americans — including LGBT people — and since taking office, the president has “taken many steps toward achieving that goal.”
Inouye noted the signing of federal hate crimes legislation as among Obama’s accomplishments for LGBT people and said the president looks forward to signing more pro-LGBT legislation.
“The president and his administration remain committed to achieving equality for all, and it’s clear that we’re moving forward,” Inouye said.
Two years ago, he issued an open letter during Pride month outlining his promises to the LGBT community.
“I’m running for president to build an America that lives up to our founding promise of equality for all — a promise that extends to our gay brothers and sisters,” Obama wrote at the time. “It’s wrong to have millions of Americans living as second‐class citizens in this nation. And I ask for your support in this election so that together we can bring about real change for all LGBT Americans.”
In the letter, Obama pledged to “place the weight” of his administration behind the enactment of hate crimes protections legislation and to pass a trans-inclusive Employment Non-Discrimination Act.
Obama has sometimes been credited with having a role in the decision to advance the hate crimes legislation last year as an amendment to defense authorization legislation.
Progress on ENDA, on the other hand, has been stagnant. The bill remains pending before committees in the House and Senate and many supporters are concerned that lawmakers won’t take up the bill by year’s end.
Mara Keisling, executive director of the National Center for Transgender Equality, noted that Obama “exerted appropriate influence” in guiding the hate crimes legislation toward passage.
On ENDA, Keisling said the administration has been “as helpful as they can be” to this point, and she expects the president “will be a lot more helpful once it starts moving.”
At this point, Keisling said “there really hasn’t yet been much for them to do” on ENDA.
Keisling noted that for congressional hearings on ENDA last year in the House and Senate, the administration sent officials who provided “really great testimony” in favor of moving forward with the legislation.
“If the president had prioritized ENDA instead of, I don’t know, health care reform or financial reform or bank bailouts, we’d be better off, but he prioritized what he prioritized,” she said. “I’m very hopeful that when ENDA does start moving, the White House will be extremely supportive and will help get it done.”
Also in the letter, Obama promised to “use the bully pulpit” to urge states to treat same-sex couples equally in their family and adoption laws. He additionally advocated for the establishment of civil unions as the best way to advance rights for LGBT couples.
“But I also believe that the federal government should not stand in the way of states that want to decide on their own how best to pursue equality for gay and lesbian couples — whether that means a domestic partnership, a civil union, or a civil marriage,” Obama wrote.
Additionally, the presidential candidate said he supported “complete repeal” of the Defense of Marriage Act.
“Federal law should not discriminate in any way against gay and lesbian couples, which is precisely what DOMA does,” Obama wrote.
Obama has stuck to his position on same-sex marriage as several jurisdictions — such as Iowa, Vermont, New Hampshire and D.C. — have advanced marriage rights for same-sex couples. The White House has either said nothing in response to those developments or reiterated that Obama prefers civil unions.
Evan Wolfson, executive director of the New York-based Freedom to Marry, said Obama has “taken some positive steps” in advocating for same-sex couples, but hasn’t “matched his actions to his words.”
Wolfson said Obama should be leading the fight to repeal DOMA legislatively through the Respect for Marriage Act, a bill pending in the U.S. House, and should stop urging judges to “rubberstamp” DOMA in Justice Department briefs defending the statute against legal challenges.
“And, most importantly, he should make the case to the American people that same-sex couples deserve fair and equal treatment under the law — using personal stories and appeals to values such as fairness, respect for commitment and the Golden Rule,” Wolfson said.
Another item that Obama mentioned in the letter is repeal of “Don’t Ask, Don’t Tell.” Late last month, Congress voted in favor of a compromise measure that would end the law after the Pentagon completes its study on the issue at the end of the year.
Alex Nicholson, executive director of Servicemembers United, said the White House’s endorsement of the compromise the week that Congress voted on it was helpful in finding the votes needed to advance the measure.
“The fact that the White House was willing to come out and publicly support a repeal plan and get the Pentagon to do the same was a critical element in getting that passed in the Senate Armed Services Committee,” Nicholson said.
Still, Nicholson said he didn’t know how involved Obama was in lobbying members of the House and Senate directly to vote in favor of repeal once the deal was reached.
Also in the letter, Obama pledged to work to address HIV/AIDS, arguing that “we do not have to choose between values and science” in working to fight the epidemic.
“While abstinence education should be part of any strategy, we also need to use common sense,” he wrote. “We should have age‐appropriate sex education that includes information about contraception.”
Carl Schmid, deputy executive director of the AIDS Institute, said he had mixed feelings about Obama’s track record on the matter.
“There have been a lot of positives, but there still needs to be greater attention in response and resources,” he said.
Schmid said Obama has followed through on his plans to confront HIV/AIDS through scientific means and has set out to eliminate “abstinence-only” sex education programs through the budget process.
But Schmid noted the abstinence-only sex education programs were reinstated by amendment in the passage of the health care reform legislation.
“It’s not in the appropriations bill, but it’s in the managerial program now, just like it was in the past,” he said.
Schmid cited the reauthorization of the Ryan White Care Act as an accomplishment regarding HIV/AIDS, as well as passage of health care reform legislation, which he called a “huge, huge, huge accomplishment.”
He said the White House was of limited help, though, in pushing to renew funding under the Ryan White Care Act.
“The administration was very slow in getting their principle and positions out on getting the Ryan White reauthorized,” he said. “They didn’t speak out and early enough. Ryan White is up for renewal in 2013 — right before all this health care reform kicks in. We’re going to need the administration’s support for the continuation of Ryan White after 2013.”
Noting a national AIDS strategy is currently being developed in the White House, Schmid said he hopes the plan will provide the discussion of homosexuality at appropriate ages in sex education programs because HIV is often transmitted through men who have sex with men.
Schmid gave Obama credit for lifting the travel ban that prevented foreign nationals with HIV from entering the country, although he noted this process began under the Bush administration with the passage of the President’s Emergency Plan for AIDS Relief legislation.
Obama closed his letter by calling on people to step “outside our comfort zone” to win broader support for LGBT rights in places often considered homophobic, such as black churches.
“If we want to repeal DOMA, repeal ‘Don’t Ask, Don’t Tell,’ and implement fully inclusive laws outlawing hate crimes and discrimination in the workplace, we need to bring the message of LGBT equality to skeptical audiences as well as friendly ones — and that’s what I’ve done throughout my career,” Obama wrote.
In the letter, Obama noted that he spoke out against homophobia during the presidential campaign at the Ebenezer Baptist Church in Atlanta, Ga., where Martin Luther King, Jr. once preached.
Obama also spoke out against homophobia during a February speech at the National Prayer Breakfast in D.C., a gathering of Christian evangelical leaders. And late last month, Obama spoke in favor of LGBT rights during his keynote speech at the National Association for the Advancement of Colored People’s centennial convention.
Sharon Lettman, executive director of the National Black Justice Coalition, said Obama has “absolutely” been faithful to his promise of speaking out in favor of LGBT rights in places that are sometimes deemed unfriendly to LGBT people.
“I’ve experienced it on a number of occasions in predominantly black or all black venues,” she said. “Even in his normal stump speech, he makes reference to his support of LGBT equality.”
Lettman said as the first black president, Obama has a special role to play in educating black Americans about the LGBT community.
“He makes a point to always be inclusive,” she said. “He doesn’t selectively leave it out — not just in black churches, but in front of civil rights leaders and civil rights venues, like the NAACP convention, and other areas.”
Lettman said Obama is “definitely trying to paint a picture of one America” in his actions and his speeches.
“In so many ways, even in the progressive agenda, people don’t always select to include our community,” she said, “and I have to give him a lot of credit for making sure that he speaks with one voice about his support for LGBT equality.”
National
Supreme Court deals blow to trans student privacy protections
Under this ruling, parents are entitled to be informed about their children’s gender identity at school, regardless of state protections for student privacy.
The Supreme Court on Monday blocked a California policy that allowed teachers to withhold information about a student’s gender identity from their parents.
The policy had permitted California students to explore their gender identity at school without that information automatically being disclosed to their parents. Now, educators in the state will be required to inform parents about developments related to a student’s gender identity, depending on how the case proceeds in lower courts.
The case involves two sets of parents — identified in court filings as John and Jane Poe and John and Jane Doe — both of which say their daughters began identifying as boys at school without their knowledge, citing religious objections to gender transitioning.
The Poes say they only learned about their daughter’s gender dysphoria after she attempted suicide in eighth grade and was hospitalized. After treatment for the attempt and after being returned to school the following year, teachers continued using a male name and pronouns despite the parents’ objections, citing California law. The Poes have since placed their daughter in therapy and psychiatric care.
Similarly, the Does say their daughter has intermittently identified as a boy since fifth grade, but while their daughter was in seventh grade, they confronted school administrators over concerns that staff were using a male name and pronouns without informing them. The principal told them state law barred disclosure without the child’s consent.
Both sets of parents filed lawsuits in the U.S. District Court for the Southern District of California challenging the state policy that protects students’ gender identity and limits when schools can disclose that information to parents.
The justices voted along ideological lines, with the court’s six conservative members in the majority and the three liberal justices dissenting.
“We conclude that the parents who seek religious exemptions are likely to succeed on the merits of their Free Exercise Clause claim,” the court said in an unsigned order. “The parents who assert a free exercise claim have sincere religious beliefs about sex and gender, and they feel a religious obligation to raise their children in accordance with those beliefs. California’s policies violate those beliefs.”
In dissent, the three liberal justices argued that the case is still working its way through the lower courts and that there was no need for the high court to intervene at this stage. Justice Elena Kagan wrote, “If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State’s policy is what the Court does today.”
Conservative Justices Samuel Alito and Clarence Thomas indicated they would have gone further and granted broader relief to the parents and teachers challenging the policy.
The emergency appeal from a group of teachers and parents in California followed a decision from the United States Court of Appeals for the Ninth Circuit that allowed the state’s policy to remain in effect. The appeals court had paused an order from U.S. District Judge Roger Benitez — who was nominated by George W. Bush — that sided with the parents and teachers and put the policy on hold.
The legal challenge was backed by the Thomas More Society, which relied heavily on a decision last year in which the court’s conservative majority sided with a group of religious parents seeking to opt their elementary school children out of engaging with LGBTQ-themed books in the classroom.
California Attorney General Rob Bonta expressed disappointment with the ruling. “We remain committed to ensuring a safe, welcoming school environment for all students while respecting the crucial role parents play in students’ lives,” his office said in a statement.
The decision comes as the Trump administration has taken a hardline approach to transgender rights. During his State of the Union address last week, President Donald Trump referenced Sage Blair, who previously identified as transgender and later detransitioned, describing Blair’s experience transitioning in a public school. According to the president, school employees supported Blair’s chosen gender identity and did not initially inform Blair’s parents.

Last year, the court upheld Tennessee’s ban on gender-affirming medical care for transgender minors and has allowed enforcement of a policy barring transgender people from serving in the military to continue during Trump’s second term.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
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