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Will GOP candidates attack marriage in Iowa, N.H.?

Gay nuptials legal in both early voting states

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Former U.S. House Speaker Newt Gingrich arranged for the donation of $200,000 to the Iowa campaign in the 2010 election that successfully ousted three justices who in ruled in favor of same-sex marriage from the bench. (Blade photo by Michael Key)

The kick-off of the 2012 election season — marked by potential Republican presidential candidates’ travels to the early primary and caucus states of Iowa and New Hampshire — is raising questions about the degree to which the GOP candidates pursuing the White House will attack same-sex marriage in these states where gay nuptials are legal.

The issue of marriage could come to the fore during the early stages of the 2012 race because it will be the first presidential election in which same-sex marriage is legal in the first two states to hold primaries. In Iowa, where same-sex marriage was enacted by court order, the Republican caucuses are scheduled for Feb. 6, and in New Hampshire, where marriage equality was enacted through legislation, the Republican primary is expected Feb. 14.

Many of the potential Republican presidential contenders are already on the record in their opposition to same-sex marriage or have histories working against the advancement of marriage rights for gay couples. For example, former Massachusetts Gov. Mitt Romney and former Minnesota Gov. Tim Pawlenty have come out in favor of state and federal constitutional bans on same-sex marriage.

According to Politico, Rep. Michele Bachmann (R-Minn.), who’s pushed for a constitutional ban on same-sex marriage in her home state, railed against marriage equality on Monday in a speech at the latest installment of the Iowa Family Leader’s presidential lecture series.

“In 5,000 years of recorded human history… neither in the East or in the West… has any society ever defined marriage as anything other than between men and women,” Bachmann was quoted as saying. “Not one in 5,000 years of recorded human history. That’s an astounding fact and it isn’t until the last 12 years or so that we have seen for the first time in recorded human history marriage defined as anything other than between men and women.”

Bachmann also reportedly called Iowa judges “black-robed masters” for legalizing same-sex marriage, echoing a line she used during a previous trip to the state.

“That’s what you had here in Iowa: black-robed masters,” Bachmann said. “They are not our masters. They are not our morality. They are not put there to make the decisions.”

Last month, the Los Angeles Times reported that former U.S. House Speaker Newt Gingrich arranged for the donation of $200,000 to the Iowa campaign in the 2010 election that successfully ousted three justices who in ruled in favor of same-sex marriage from the bench. David Lane, executive director of Iowa for Freedom, the organization that led the campaign, reportedly said the ouster of the justices “wouldn’t have happened without Newt.”

“Newt provided strategic advice and arranged the initial seed money, about $200,000, which is what got everything started,” Lane was quoted as saying.

During the 2011 Conservative Political Action Conference in February., former U.S. Sen. Rick Santorum told the Washington Blade that one law should govern marriage throughout the country as he reiterated support for a U.S. constitutional amendment banning same-sex marriage.

“I was one of the authors of the Federal Marriage Amendment,” Santorum said. “I don’t think you can have varying laws on marriage. You run into, as we’re seeing, all sorts of problems about reciprocity between the states. This is an issue that there should be a law, the people should be able to decide it and hopefully that’s what will happen.”

Still, as he reiterated his support for the Federal Marriage Amendment, Santorum also said the economy and national security should precede marriage as issues of importance in the 2012 election.

Other lower-tier candidates have positions different from full-throated opposition to same-sex marriage. Former U.S. ambassador to China and former Utah governor Jon Huntsman has endorsed civil unions, which is the same position on relationship recognition for same-sex couples that President Obama has. Indiana Gov. Mitch Daniels has called for a truce on social issues, which has earned him criticism from social conservatives within the Republican Party, although he has wavered on his position on a state constitutional amendment banning same-sex marriage in his own state.

Fred Karger, a Republican political strategist and the first openly gay presidential candidate, told the Washington Blade he plans to speak out for same-sex marriage during his campaign as he predicted that other GOP presidential contenders will speak out against marriage as they seek support in Iowa and New Hampshire.

“It will be an issue,” Karger said. “Some of the Republicans running plan on making it an issue. I’m doing my best to stop that and talk about the advantage of gay marriage and just working in both states to move on to more important issues.”

Karger, who gained notoriety after he shed light on the Mormon Church’s involvement in Proposition 8, said he’ll “absolutely” advocate for preserving the right to same-sex marriage in Iowa and New Hampshire over the course of his presidential campaign.

“I think every other Republican who is considering running is adamantly opposed to gay marriage, and then you’ve got the gay candidate who is, of course, the only full equality candidate running in both parties,” Karger said.

Larry Sabato, a political scientist at the University of Virginia, said he thinks the marriage issue will figure prominently during the Iowa caucuses and the New Hampshire primary because of the nature of the voters in these elections.

“We’re talking about GOP primary voters and caucus-goers, and these are much more conservative than the general population — especially those attending a caucus,” Sabato said.

Sabato said he expects the candidates to express strong opposition same-sex marriage in Iowa because of the fundamentalist Christian influence on the Republican Party in the state and because it has become what he called a “big statewide issue.”

But in New Hampshire, where the state slogan is “Live Free or Die,” Sabato said social issues “may play less well.” Still, he observed candidates are stuck with publicly articulated positions wherever they go.

“Romney probably isn’t playing in Iowa so he’s under less pressure [to speak out against same-sex marriage],” Sabato said. “The candidates who are going to contest Iowa will have to tow the line on same-sex marriage. A handful will trumpet their position and make it a centerpiece of their campaigns. Examples: Rick Santorum and Michele Bachmann.”

Advocates who work on both sides of the marriage issue are urging Republican candidates to take strong positions either for or against same-sex marriage — depending on where the advocates stand — as the primary season approaches.

Maggie Gallagher, chair of the National Organization for Marriage, said via e-mail she thinks a Republican candidate who has a position other than opposition to same-sex marriage would not do well in the presidential campaign.

“I think it’s highly unlikely that any candidate who does not support marriage as the union of husband and wife will be a major player for the GOP nomination,” Gallagher said. “If NOM has done nothing else in our first three years (stop: and I think we’ve done more), we’ve clearly demonstrated electorally that it is a really bad idea to be for gay marriage if you are a Republican.”

But Evan Wolfson, executive director of Freedom to Marry, said Republican presidential candidates should look to other high-profile Republicans who have endorsed same-sex marriage — such as gay former Republican National Committee chair Ken Mehlman, former Vice President Dick Cheney, former U.S. solicitor general Ted Olson and former first lady Laura Bush — to determine how they should stand on the issue.

“With poll after poll showing majority support nationwide and increasing momentum in favor of the freedom to marry in virtually every part of the population, it’s in the best interests of Republicans to look to the right side of history, not the right-wing,” Wolfson said.

Still, Wolfson said he expects many Republican candidates would seek to appease social conservatives and “pander to hard-core anti-gay opposition” on the issue of marriage as they pursue their presidential ambitions.

“Such candidates will soon discover that bashing gay families and marriage does not play — and not just in the general electorate, but in states such as Iowa and New Hampshire where non-gay as well as gay family members have seen firsthand how neighbors, kin, and communities are strengthened by the freedom to marry — and the love, commitment and connectedness at its core,” Wolfson said.

The potential renewed attention to same-sex marriage as part of the upcoming presidential campaign also raises questions about whether marriage equality in Iowa and New Hampshire would be in jeopardy as a result of high-profile leaders coming to the states and speaking out against gay nuptials.

Rescinding same-sex marriage in Iowa couldn’t happen easily because marriage was put into place in 2009 as a result of a ruling by the state Supreme Court. Overturning the decision would require ratification of a state constitutional amendment. In Iowa, passage of such a measure requires approval in both chambers of the legislature in two concurrent sessions followed by a majority vote of approval from the electorate, so the earliest same-sex marriage could be undone is 2013.

On Feb. 1, the Republican-controlled Iowa State House approved a constitutional amendment by vote of 62-37, but Senate Majority Leader Mike Gronstal (D) has vowed to block the amendment in the Democratic-controlled Senate.

Troy Price, interim executive director of One Iowa, said he expects Republican presidential candidates to come to Iowa and speak out against same-sex marriage as his organization works to protect marriage equality.

“However, while they try to make this an issue, they are in no way speaking for all the Republicans in Iowa,” Price said. “Earlier this year, former Republican State Senator Jeff Angelo – who sponsored a marriage ban amendment five years ago – came out against current efforts to pass the Anti-Marriage Equality Amendment and write discrimination into our constitution, and we know that there are many other Republicans out there who feel the same way.”

Even with candidates’ rhetoric against same-sex marriage, Price said he remains “confident as ever that marriage will be protected.”

The legalization of same-sex marriage in New Hampshire could be in greater danger because it was enacted through the legislative process and could be repealed. Gov. John Lynch (D) has pledged to veto any repeal legislation that comes to his desk, but the Republican supermajority of the legislature seated last year could find sufficient votes to override his veto to undo the marriage law. A vote on repeal legislation is expected in the House in January, which would be shortly before the Republican presidential primary.

Mo Baxley, executive director of New Hampshire Freedom to Marry, said marriage equality remains popular in the state.

“I don’t think the candidates necessarily want to deal with this issue,” she said. “It’s actually pretty popular in New Hampshire — marriage equality. There’s really strong opposition to repealing it, and I just know if I were a candidate, I would want to weigh in on that.”

Rev. Gene Robinson (Blade photo by Michael Key)

Rev. Gene Robinson, the gay bishop of the Episcopal Diocese in New Hampshire, said last month in a Center for American Progress conference call that LGBT rights supporters in his state “are nervous and aware” of the possible impact on the Republican presidential primary, but nonetheless feels assured that marriage equality will remain on the books.

“We’re assuming that there will be a fight to repeal the marriage equality law in New Hampshire,” Robinson said. “There is a veto-proof majority in both the House and the Senate. Clearly, the governor will veto a repeal if it comes through, but I’m fairly confident that we will get enough Republicans with us that we will forestall a veto.”

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Florida

DNC slams White House for slashing Fla. AIDS funding

State will have to cut medications for more than 16,000 people

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HIV infection, Florida, Hospitality State, gay Florida couples, gay news, Washington Blade

The Trump-Vance administration and congressional Republicans’ “Big Beautiful Bill” could strip more than 10,000 Floridians of life-saving HIV medication.

The Florida Department of Health announced there would be large cuts to the AIDS Drug Assistance Program in the Sunshine State. The program switched from covering those making up to 400 percent of the Federal Poverty Level, which was anyone making $62,600 or less, in 2025, to only covering those making up to 130 percent of the FPL, or $20,345 a year in 2026. 

Cuts to the AIDS Drug Assistance Program, which provides medication to low-income people living with HIV/AIDS, will prevent a dramatic $120 million funding shortfall as a result of the Big Beautiful Bill according to the Florida Department of Health. 

The International Association of Providers of AIDS Care and Florida Surgeon General Joseph Ladapo warned that the situation could easily become a “crisis” without changing the current funding setup.

“It is a serious issue,” Ladapo told the Tampa Bay Times. “It’s a really, really serious issue.”

The Florida Department of Health currently has a “UPDATES TO ADAP” warning on the state’s AIDS Drug Assistance Program webpage, recommending Floridians who once relied on tax credits and subsidies to pay for their costly HIV/AIDS medication to find other avenues to get the crucial medications — including through linking addresses of Florida Association of Community Health Centers and listing Florida Non-Profit HIV/AIDS Organizations rather than have the government pay for it. 

HIV disproportionately impacts low income people, people of color, and LGBTQ people

The Tampa Bay Times first published this story on Thursday, which began gaining attention in the Sunshine State, eventually leading the Democratic Party to, once again, condemn the Big Beautiful Bill pushed by congressional republicans.

“Cruelty is a feature and not a bug of the Trump administration. In the latest attack on the LGBTQ+ community, Donald Trump and Florida Republicans are ripping away life-saving HIV medication from over 10,000 Floridians because they refuse to extend enhanced ACA tax credits,” Democratic National Committee spokesperson Albert Fujii told the Washington Blade. “While Donald Trump and his allies continue to make clear that they don’t give a damn about millions of Americans and our community, Democrats will keep fighting to protect health care for LGBTQ+ Americans across the country.”

More than 4.7 million people in Florida receive health insurance through the federal marketplace, according to KKF, an independent source for health policy research and polling. That is the largest amount of people in any state to be receiving federal health care — despite it only being the third most populous state.

Florida also has one of the largest shares of people who use the AIDS Drug Assistance Program who are on the federal marketplace: about 31 percent as of 2023, according to the Tampa Bay Times.

“I can’t understand why there’s been no transparency,” David Poole also told the Times, who oversaw Florida’s AIDS program from 1993 to 2005. “There is something seriously wrong.”

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 people will lose coverage

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U.S. Supreme Court

Competing rallies draw hundreds to Supreme Court

Activists, politicians gather during oral arguments over trans youth participation in sports

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Hundreds gather outside the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

Hundreds of supporters and opponents of trans rights gathered outside of the United States Supreme Court during oral arguments for Little v. Hecox and West Virginia v. B.P.J. on Tuesday. Two competing rallies were held next to each other, with politicians and opposing movement leaders at each.

“Trans rights are human rights!” proclaimed U.S. Sen. Ed Markey (D-Mass.) to the crowd of LGBTQ rights supporters. “I am here today because trans kids deserve more than to be debated on cable news. They deserve joy. They deserve support. They deserve to grow up knowing that their country has their back.”

U.S. Sen. Ed Markey (D-Mass.) speaks outside of the U.S. Supreme Court on Tuesday. (Washington Blade photo by Michael Key)

“And I am here today because we have been down this hateful road before,” Markey continued. “We have seen time and time again what happens when the courts are asked to uphold discrimination. History eventually corrects those mistakes, but only after the real harm is done to human beings.”

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U.S. Education Secretary Linda McMahon spoke at the other podium set up a few feet away surrounded by signs, “Two Sexes. One Truth.” and “Reality Matters. Biology Matters.”

“In just four years, the Biden administration reversed decades of progress,” said McMahon. “twisting the law to urge that sex is not defined by objective biological reality, but by subjective notion of gender identity. We’ve seen the consequences of the Biden administration’s advocacy of transgender agendas.”

From left, U.S. Education Secretary Linda McMahon and U.S. Rep. Mark Takano (D-Calif.) speak during the same time slot at competing rallies in front of the U.S. Supreme Court on Tuesday. Takano addresses McMahon directly in his speech. (Washington Blade photo by Michael Key)

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, was introduced on the opposing podium during McMahon’s remarks.

“This court, whose building that we stand before this morning, did something quite remarkable six years ago.” Takano said. “It did the humanely decent thing, and legally correct thing. In the Bostock decision, the Supreme Court said that trans employees exist. It said that trans employees matter. It said that Title VII of the Civil Rights Act protects employees from discrimination based on sex, and that discrimination based on sex includes discrimination based on gender identity and sexual orientation. It recognizes that trans people have workplace rights and that their livelihoods cannot be denied to them, because of who they are as trans people.”

“Today, we ask this court to be consistent,” Takano continued. “If trans employees exist, surely trans teenagers exist. If trans teenagers exist, surely trans children exist. If trans employees have a right not to be discriminated against in the workplace, trans kids have a right to a free and equal education in school.”

Takano then turned and pointed his finger toward McMahon.

“Did you hear that, Secretary McMahon?” Takano addressed McMahon. “Trans kids have a right to a free and equal education! Restore the Office of Civil Rights! Did you hear me Secretary McMahon? You will not speak louder or speak over me or over these people.”

Both politicians continued their remarks from opposing podiums.

“I end with a message to trans youth who need to know that there are adults who reject the political weaponization of hate and bigotry,” Takano said. “To you, I say: you matter. You are not alone. Discrimination has no place in our schools. It has no place in our laws, and it has no place in America.”

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U.S. Supreme Court

Supreme Court hears arguments in two critical cases on trans sports bans

Justices considered whether laws unconstitutional under Title IX.

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The United States Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

The Supreme Court heard two cases today that could change how the Equal Protection Clause and Title IX are enforced.

The cases, Little v. Hecox and West Virginia v. B.P.J., ask the court to determine whether state laws blocking transgender girls from participating on girls’ teams at publicly funded schools violates the 14th Amendment’s Equal Protection Clause and Title IX. Once decided, the rulings could reshape how laws addressing sex discrimination are interpreted nationwide.

Chief Justice John Roberts raised questions about whether Bostock v. Clayton County — the landmark case holding that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation or gender identity — applies in the context of athletics. He questioned whether transgender girls should be considered girls under the law, noting that they were assigned male at birth.

“I think the basic focus of the discussion up until now, which is, as I see it anyway, whether or not we should view your position as a challenge to the distinction between boys and girls on the basis of sex or whether or not you are perfectly comfortable with the distinction between boys and girls, you just want an exception to the biological definition of girls.”

“How we approach the situation of looking at it not as boys versus girls but whether or not there should be an exception with respect to the definition of girls,” Roberts added, suggesting the implications could extend beyond athletics. “That would — if we adopted that, that would have to apply across the board and not simply to the area of athletics.”

Justice Clarence Thomas echoed Roberts’ concerns, questioning how sex-based classifications function under Title IX and what would happen if Idaho’s ban were struck down.

“Does a — the justification for a classification as you have in Title IX, male/female sports, let’s take, for example, an individual male who is not a good athlete, say, a lousy tennis player, and does not make the women’s — and wants to try out for the women’s tennis team, and he said there is no way I’m better than the women’s tennis players. How is that different from what you’re being required to do here?”

Justice Samuel Alito addressed what many in the courtroom seemed reluctant to state directly: the legal definition of sex.

“Under Title IX, what does the term ‘sex’ mean?” Alito asked Principal Deputy Solicitor General Hashim Mooppan, who was arguing in support of Idaho’s law. Mooppan maintained that sex should be defined at birth.

“We think it’s properly interpreted pursuant to its ordinary traditional definition of biological sex and think probably given the time it was enacted, reproductive biology is probably the best way of understanding that,” Mooppan said.

Justice Sonia Sotomayor pushed back, questioning how that definition did not amount to sex discrimination against Lindsay Hecox under Idaho law. If Hecox’s sex is legally defined as male, Sotomayor argued, the exclusion still creates discrimination.

“It’s still an exception,” Sotomayor said. “It’s a subclass of people who are covered by the law and others are not.”

Justice Elena Kagan highlighted the broader implications of the cases, asking whether a ruling for the states would impose a single definition of sex on the 23 states that currently have different laws and standards. The parties acknowledged that scientific research does not yet offer a clear consensus on sex.

“I think the one thing we definitely want to have is complete findings. So that’s why we really were urging to have a full record developed before there were a final judgment of scientific uncertainty,” said Kathleen Harnett, Hecox’s legal representative. “Maybe on a later record, that would come out differently — but I don’t think that—”

Kathleen Harnett, center, speaks with reporters following oral arguments at the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

“Just play it out a little bit, if there were scientific uncertainty,” Kagan responded.

Justice Brett Kavanaugh focused on the impact such policies could have on cisgender girls, arguing that allowing transgender girls to compete could undermine Title IX’s original purpose.

“For the individual girl who does not make the team or doesn’t get on the stand for the medal or doesn’t make all league, there’s a — there’s a harm there,” Kavanaugh said. “I think we can’t sweep that aside.”

Justice Amy Coney Barrett questioned whether Idaho’s law discriminated based on transgender status or sex.

“Since trans boys can play on boys’ teams, how would we say this discriminates on the basis of transgender status when its effect really only runs towards trans girls and not trans boys?”

Harnett responded, “I think that might be relevant to a, for example, animus point, right, that we’re not a complete exclusion of transgender people. There was an exclusion of transgender women.”

Justice Ketanji Brown Jackson challenged the notion that explicitly excluding transgender people was not discrimination.

“I guess I’m struggling to understand how you can say that this law doesn’t discriminate on the basis of transgender status. The law expressly aims to ensure that transgender women can’t play on women’s sports teams… it treats transgender women different than — than cis-women, doesn’t it?”

Idaho Solicitor General Alan Hurst urged the court to uphold his state’s ban, arguing that allowing participation based on gender identity — regardless of medical intervention — would deny opportunities to girls protected under federal law.

Hurst emphasized that biological “sex is what matters in sports,” not gender identity, citing scientific evidence that people assigned male at birth are predisposed to athletic advantages.

Joshua Block, representing B.P.J., was asked whether a ruling in their favor would redefine sex under federal law.

“I don’t think the purpose of Title IX is to have an accurate definition of sex,” Block said. “I think the purpose is to make sure sex isn’t being used to deny opportunities.”

Becky Pepper-Jackson, identified as plaintiff B.P.J., the 15-year-old also spoke out.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” said Pepper-Jackson. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me — the only transgender student athlete in the entire state — from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves.”

A demonstrator holds a ‘protect trans youth’ sign outside of the U.S. Supreme Court on Tuesday, Jan. 13. (Washington Blade photo by Michael Key)

Outside the court, advocates echoed those concerns as the justices deliberated.

“Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, counsel and Nonbinary & Transgender Rights Project director at Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills — in leadership, teamwork, confidence, and health. On the other hand, denying a student the ability to participate is not only discriminatory but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court.”

“This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team — in contradiction of who she is at school, at home, and across her life — is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.”

The Supreme Court is expected to issue rulings in both cases by the end of June.

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