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Obama rejects attacks on Clement’s DOMA defense

Carney says president supports right of Congress to defend anti-gay law

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

President Obama shares the view expressed earlier this week by U.S. Attorney General Eric Holder that attacks on the private attorney who volunteered to litigate on behalf of the Defense of Marriage Act are “misplaced,” according to the White House.

Under questioning from the Washington Blade, White House Press Secretary Jay Carney said during an off-camera press gaggle Wednesday that statements from Holder, who earlier this week rebuffed those who would vilify former U.S. solicitor general Paul Clement for taking up defense of DOMA, reflected Obama’s position.

“We do share Eric Holderā€™s views on this,” Carney said. “We think ā€” as we said from the beginning when we talked about ā€” when I did from this podium ā€” about the decision no longer from the administration to defend the Defense of Marriage Act, that we would support efforts by Congress if they so chose to defend it. And so I have nothing to add to the attorney generalā€™s comments.”

Following a party-line vote by the Bipartisan Legal Advisory Group in March, U.S. House Speaker John Boehner (R-Ohio) directed House General Counsel Kerry Kercher to take up defense of DOMA in court. President Obama had earlier announced that he determined the 1996 anti-gay statute prohibiting federal recognition of same-sex marriage was unconstitutional and that his administration would no longer defend it in court.

On April 14, Kircher executed a contract with Clement, who was then affiliated with the firm King & Spalding, for assistance with defense of DOMA at a blended rate of $520 an hour and initial total sum cap that could reach $500,000.

Following intense criticism from the LGBT community, King & Spalding announced that it would no longer participate in defense of the anti-gay law because of an inadequate vetting process in taking up the case. Clement resigned from his position at the firm and took up a partnership at Bancroft LLC while pledging to continue to defend DOMA.

According to Politico, Holder earlier this week rejected attacks on Clement from the LGBT community during a roundtable with reporters and came to the defense of the private attorney for sticking with the case.

“Paul Clement is a great lawyer and has done a lot of really great things for this nation. In taking on the representation ā€” representing CongressĀ in connection with DOMA, IĀ think he is doing that which lawyers do when we’re at our best,” Holder reportedly said. “That criticism, I think, was very misplaced.”

Holder also reportedly compared attacks on Clement to attacks on Justice Department lawyers for their past work for detainees at Guantanamo Bay.

“It was something we dealt with hereĀ in the Department of Justice,” Holder was quoted as saying. “The people who criticized our people here at the Justice Department were wrong then, as are people who criticized Paul Clement for the representation that he’s going to continue.”

Among the groups that joined in the outcry after the contract was executed with Clement to defend DOMA in court was the Human Rights Campaign, which pledged to launch a campaign to inform King & Spaldingā€™sĀ clients and potential recruits about the decision to defend DOMA. The firm announced it would drop defense of the anti-gay following HRC’s announcement.

Last week, HRC President Joe Solmonese criticized both King & Spalding and Clement for litigating on behalf of the 1996 law.

“DOMA inflicts a great cost on same-sex couples but now its defense is burdening taxpayers to the tune of $520 per hour,ā€ Solmonese said. ā€œThe firm of King & Spalding and their attorney Paul Clement should be ashamed at every penny earned in trying to justify discrimination against American families.ā€

Although Solmonese identified both King & Spalding and Clement in his statement, Fred Sainz, HRC’s vice president of communications, asserted that Holder’s comments defending Clement are inaccurate because the LGBT rights group went after the firm and not the private attorney.

“We have a great deal of respect for Attorney General Holder,” Sainz said. “His comments on the particulars of our involvement are inaccurate. We never criticized Paul Clement. Our issue has been with King & Spalding, the firm that employed him. K&S espouses LGBT inclusion on their website. This engagement is completely antithetical to those values and thus our central claim has been hypocrisy. You simply canā€™t square espousing LGBT inclusion and defending discrimination.”

Sainz continued that Carney rightly observed that the House is fully within its rights to defend the law ā€” now that the Obama administration has chosen to drop defense of the statute ā€” and said HRC doesn’t disagree with the White House press secretary.

“We wish [the House] hadnā€™t, we donā€™t believe there is a necessity given the pain and suffering that it inflicts on gay and lesbian families, but we donā€™t disagree that they have the legal right to defend the statute given that they passed it,” Sainz said.

Richard Socarides, president of Equality Matters, said he’s unsure that Holder’s remarks should be interpreted as criticism of LGBT rights groups for attacking Clement and also maintained the House is within its rights to defend DOMA in court.

“I think that he is a lawyer of a certain political viewpoint, and he’s now at a firm that takes these cases that are highly politically charged,” Socarides said. “The case is now probably in an appropriate place. I don’t have any problems with what Holder said in so far as he’s simply stating the fact that Boehner has a right to pursue this course. No one is suggesting he doesn’t have a right to do this, and if he wants to hire Paul Clement to do it, and Paul Clement wants to represent him, that’s totally fine.”

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The White House

Jane Rigby awarded Presidential Medal of Freedom

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NASA astrophysicist Jane Rigby, the senior project scientist for the space agency's James Webb Space Telescope, was awarded the Presidential Medal of Freedom by President Joe Biden on May 3, 2024, at the White House. (Photos courtesy of NASA)

Sitting among a diverse and venerable group of Americans from every walk of life on the dais in the East Room of the White House on May 3 was lesbian and NASA astrophysicist Jane Rigby, awaiting her turn to be honored by President Joe Biden who would bestow the Presidential Medal of Freedom, the nationā€™s highest civilian honor, on her.

Rigby, an astronomer who grew up in Delaware, is the chief scientist of the worldā€™s most powerful telescope who alongside her team operating NASAā€™s James Webb Space Telescope, studies every phase in the history of the universe, ranging from the first luminous glows after the Big Bang, to the formation of solar systems capable of supporting life on planets like Earth, to the evolution of the solar system. 

A member of Penn Stateā€™s Class of 2000, Rigby graduated with a bachelorā€™s degrees in physics and astronomy. She also holds a masterā€™s degree and a PhD in astronomy from at the University of Arizona. Her work as the senior project scientist for NASAā€™s Webb Telescope includes studies on how galaxies evolve over cosmic time and she has published more than 140 peer-reviewed scientific papers.

Rigby was named to Nature.comā€™s 2022 list of 10 individuals who shaped science and to the BBCā€™s list of 100 inspiring and influential women in the same year. Rigby had postdoctoral fellowships at Carnegie Observatories in Pasadena, Calif., before landing her job at Goddard Space Flight Center. In 2013 Rigby was awarded the Robert H. Goddard Award for Exceptional Achievement for Science.

A founding member of the American Astronomical Societyā€™s Working Group on LGBTQ Equality in January 2012, now called the Committee for Sexual Orientation and Gender Minorities in Astronomy, Rigby serves as its Board Liaison until her term expires this June.

The lesbian astrophysicist in an interview for SGMAā€™s website spoke about her experiences including coming out:

ā€œIā€™ve been out since 2000. My storyā€™s simple ā€” I fell in love with a fellow grad student in the department. It was a close-knit department, so hiding would have been ludicrous. Nor did I want to hide the best thing in my life! So, we were out as grad students. I certainly heard people say awful homophobic things at work there. They werenā€™t directed at me, and they werenā€™t said by people with power over me. If I recall, I was much less afraid of homophobic discrimination at work, than I was afraid of the two-body problem, and the lack of support we would receive as a same-sex couple in astronomy. That fear turned out to be justified. Iā€™ve seen numerous different-sex couples get a wide range of support in solving the two-body problem, which was never offered to us,ā€ she told the interviewer.

She reflected on American astronaut and physicist Sally Ride, her childhood role model who had an impact on her career:

ā€œOne of my biggest role models when I was young was Dr. Sally Ride. A few years ago, on her deathbed, Dr. Ride chose to write in her obituary that her life partner had been a woman. Dr. Ride was the most influential woman scientist when I was growing up ā€” the person that made me say, ā€œI want to do THAT when I grow up.ā€ It was because of her that I realized that astrophysics was a profession, that physics was a subject girls could study, that NASA needed astrophysicists. So Iā€™m so ā€¦ amused, I suppose, that Sally Ride was this influence on my lifeā€™s path, at a time when I was completely unaware that it was even possible to *be gay* ā€” and at the same time, she was gay, in love, and deeply closeted to keep her job.ā€

The interviewer noted that ā€œfor some women being gay is a cause for concern at the work place. Some say they were unsure about how to turn their sexual orientation into a positive aspect of their work persona.ā€ Then asked Rigby what is your view on this?

ā€œMy experience is that absolutely I am a *better* astronomer because Iā€™m queer. For a few reasons. First, I see things different than my colleagues. On mission work, as we weigh a decision, my first thought is always the community impact: ‘If we do things this way, who benefits, and who gets left out in the cold?’ Will this policy create inclusion, or marginalization? I think about science in terms of community-building. What team do we need to tackle a given science problem, with skills that are different from mine? Absolutely I think that way because Iā€™m an outsider, because Iā€™ve been marginalized. And because community-building is central to LGBTQ culture,ā€ she said.

Married to Dr. Andrea Leistra, Rigby, her wife and their young child reside in Maryland not far from her workplace at the NASA Goddard Space Flight Center in suburban Washington and when not studying the universe is often found on the neighboring Chesapeake Bay wind boarding, a favored pastime.

Also honored in the ceremony Friday were a former U.S. vice president, a civil rights worker and martyr, two former Cabinet secretaries ā€” one a former U.S. secretary of state, a speech writer for the late Dr. Martin Luther King Jr., an Olympian and gold medalist, and one of the most powerful woman political leaders and the speaker emeritus of the U.S. House of Representatives, among others, and LGBTQ advocate Judy Shepard.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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