National
Will GOP candidates attack marriage in Iowa, N.H.?
Gay nuptials legal in both early voting states


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, 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.”
Federal Government
Treasury Department has a gay secretary but LGBTQ staff are under siege
Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency.
Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination.
“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”
The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”
At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.
But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs.
Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts.
“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees.
“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”
Some ERGs die by formal edict, others by a thousand cuts
Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”
“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”
One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”
The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.
Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.
“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”
Internal directories scrubbed, gender-neutral restrooms removed
Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”
With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”
Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.
Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.
“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”
LGBTQ staff lack support and work amid a climate of isolation
The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).
“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”
In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.
“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”
Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”
“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”
The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.
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

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.
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

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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