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Pressure mounts on Obama to back marriage

1996 statement favoring nuptials continues to dog president

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President Obama (Blade file photo by Michael Key)

Pressure intensified on President Obama to endorse marriage equality this week as he prepared to travel to New York for an LGBT campaign fundraiser just as the state legislature was debating a bill to legalize same-sex marriage.

Since October, Obama has said he could “evolve” on the issue of same-sex marriage and noted that he has many friends in committed, monogamous same-sex relationships. But he has yet to endorse the right of gay couples to marry. During his 2008 presidential campaign, Obama said he believes marriage is between one man and one woman, but backed the idea of civil unions for same-sex couples.

Although Obama’s LGBT supporters overlooked his opposition to same-sex marriage in 2008, the situation in 2012 has changed to the point that merely “wrestling” with the issue will no longer suffice for many.

Over the course of this year, at least six national polls have found majority support for same-sex marriage. For example, a Gallup poll published on May 20 found that 53 percent of Americans support marriage equality. The poll found an increase of 9 percentage points in support of same-sex marriage since last year, which was the largest year-to-year shift measured since 2004 when Gallup started polling on the issue.

When Obama first started running for president, gay couples could only marry in Massachusetts. Now four additional states and D.C. have legalized same-sex marriage. A Republican-controlled State Senate in New York could legalize same-sex marriage — or at least come close to legalizing it — by the end of the week, which would make same-sex marriage legal in the nation’s third most populous state.

Obama’s positions on other issues related to same-sex marriage don’t seem to square with his opposition to allowing gay couples to marry. Even during his presidential campaign, Obama called for full legislative repeal of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. In February, the president said he determined the anti-gay statute was unconstitutional and that he would no longer defend the law against litigation in court.

Richard Socarides, president of Equality Matters, said Obama should “stop trying to have it both ways” by remaining in opposition to same-sex marriage while at the same time saying his position could evolve as he demonstrates support for married same-sex couples in other ways.

“When he says his position is ‘evolving,’ he’s not for same-sex marriage or against it,” Socarides said. “If the president wants to be on the right side of history, he needs to start leading on this issue now, or he’s going to be left in the dust by other progressive leaders who are already on board.”

Socarides said Obama may have gotten off to a slow start with LGBT rights at the beginning of his administration, but has since been “making very good, important, steady, important progress” with “Don’t Ask, Don’t Tell” repeal and the discontinuation of the legal defense of DOMA. An endorsement for same-sex marriage, Socarides said, would build on the progress made in the past six months.

Evan Wolfson, president of Freedom to Marry, said Obama is ‘”lagging behind the American people” by not yet endorsing same-sex marriage when a majority of Americans now support the concept.

“One of the important duties of a president is to lead and particularly stand up for the full inclusion, protection and equality of all Americans,” Wolfson said. “We look to our president to stand firm for the Constitution’s guarantees for liberty and equality. When the government itself is the major discriminator, as it is in the denial of marriage, it’s especially important for the president to help guide the country in the right direction.”

Observers are saying Obama needs to come out for same-sex marriage to conform to the rest of his positions — or risk coming off as inauthentic to voters.

Socarides said the president’s position is “so contrary to everything else he stands for in terms of the expansion of rights and responsibilities for all Americans” and coming out for marriage equality would make his views consistent.

“If I were advising the president, I would say his position now does not seem terribly authentic, and authenticity is highly valued in presidents,” Socarides said.

Wolfson said the position Obama has eked so far on same-sex marriage is becoming “increasingly incoherent and very inauthentic.”

“That’s not what a president, whose support comes from people who believe in him wants to see,” Wolfson said. “President Obama’s hesitation in outright supporting the freedom to marry is the one jarring false note in his dialogue with the American people. Although this question of the freedom to marry is not the thing most people will cast their vote on, no politician wants to have inauthenticity and the doubts that it spreads begin to take root.”

But what is perhaps most dogging Obama regarding marriage is his early support for the right of gay couples to marry. In 1996, when he was running to become an Illinois state senator, Obama stated in a questionnaire response to what is now the Windy City Times newspaper that he supports same-sex marriage. The future president wrote, “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.”

Last week, during a question-and-answer session at the Netroots Nation conference in Minneapolis, the 1996 questionnaire received renewed attention when White House Communications Director Dan Pfeiffer suggested the questionnaire response was fake when he said the survey “was actually filled out by someone else, not the president.”

Shin Inouye, a White House spokesperson, later issued a statement clarifying that Pfeiffer “was not familiar with the history of the questionnaire.”

On Monday, White House Press Secretary Jay Carney asserted Pfeiffer had been mistaken last week when talking about the 1996 statement under questioning from the Washington Blade.

“I think you know because you’ve read it multiple times since then that we’ve corrected it beginning Friday that he — that that is not the case, that he was mistaking that with another questionnaire,” Carney said. “The president’s position on gay marriage has been clear since ’08 — is clear, again, since he’s been president.”

The White House hasn’t provided an explanation on the record for why the president expressed support in 1996 for same-sex marriage, then later changed his position to oppose it. According to a report on Sunday in the New York Times, White House officials have said that Obama “was really referring to civil unions,” although no on-the-record source is identified in the article for the remarks.

Carney said on Monday that he doesn’t know if the president supported same-sex marriage in 1996, but reiterated that Obama has opposed gay nuptials since he made his bid for the White House, and that his views are evolving. Still, Carney said he believed the president, in fact, signed the questionnaire response from that time.

“What I know is what his position was during the campaign and what it is now,” Carney said. “He’s been very clear about it. He was very clear in the campaign. He was very clear about the fact that his position on the views — that it’s evolving. And I really don’t have anything to add to it.”

Obama’s shifting views on same-sex marriage could plague him as campaign season starts for the 2012 election and he seeks support and donations from the LGBT community. On Thursday, Obama was set to headline a $1,250 a plate fundraiser, titled “Gala with the Gay Community,” with LGBT donors in New York City. Next week, the president is set to commemorate June as Pride month with a reception at the White House.

It remains to be seen whether Obama’s LGBT supporters from the 2008 election will continue to back the president with the same gusto in 2012 — of if they’ll stay home on Election Day because they feel Obama doesn’t support them on a fundamental right.

Asked by the Blade on Monday whether Obama was selling these audiences short by seeking their support for his campaign and not supporting their right to marry, Carney replied, “I think you know that this president is very supportive of and strong on LGBT rights. And his record is significant with regard to that. He’s been very clear about his position on gay marriage, he’s been very clear about how that position is evolving. I don’t have any new announcements to make, but I think you know his record, and he’s proud of it.”

Advocates say an endorsement of same-sex marriage would help seal the deal for LGBT supporters for the president’s re-election campaign.

Wolfson said coming out for same-sex marriage would “energize and excite those who believe in equality and inclusion,” particularly younger voters, in addition to independents who, according to polls, now support same-sex marriage.

“This is a happy instance where doing the right thing is also doing the right thing politically,” Wolfson said. “President Obama has much to gain and little to lose by completing his journey and outright supporting the freedom to marry.”

Beyond showing solidarity with the LGBT community, Socarides said the courts and state legislatures are looking to the president in deciding whether or not to overturn statues prohibiting gay nuptials or to grant same-sex couples the right to marry.

“As president, he’s capable of shaping the debate and controlling the agenda,” Socarides said. “I think that for those reasons alone it’s important. I also think that as leader of the country, he often reflects where the national consensus is, or where it’s headed, and I think that courts will look to that as well as state legislatures. He’s the most important leader in the country, and his views are important even though, obviously, him saying he supports it won’t make it the law everywhere.”

Still, Socarides expressed skepticism that Obama would, in fact, make this change because he said LGBT people seeking additional rights have limited options in the presidential election.

“I don’t believe that there will be substantial political consequences for him to stay in this non-committal position,” Socarides said. “I think the alternatives are so limited, and he’s also done a number of important things, so I don’t there will be any political consequences. And that is probably why he is going to hang out where he is through the 2012 election.”

Nonetheless, hope pervades in some circles that Obama will complete his evolution to come out in favor of same-sex marriage in time for the 2012 election.

The Times article from Monday reported that one Democratic strategist close to the White House, speaking only on the condition of anonymity, said senior advisers “are looking at the tactics of how this might be done if the president chose to do it.”

“This is clearly a president who is interested in making big historical changes,” the Democratic strategist was quoted as saying. “I think this issue has moved into that context for him.”

According to the Times, gay Rep. Barney Frank (D-Mass.) said he was asked this year by a top adviser to the president what the impact would be if Obama came out for same-sex marriage. Frank reportedly wouldn’t identify the adviser.

But Socarides said he doesn’t believe this reporting indicates any serious consideration in the administration about Obama coming out for marriage equality — although he left the door open for a potential surprise from the president.

“I don’t put much credence in those reports,” Socarides said. “I think they plan for all kinds of contingencies, but I would be surprised. But you know, he surprised me before, so maybe I’ll be surprised.”

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National

US bishops ban gender-affirming care at Catholic hospitals

Directive adopted during meeting in Baltimore.

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A 2024 Baltimore Pride participant carries a poster in support of gender-affirming health care. (Washington Blade photo by Michael Key)

The U.S. Conference of Catholic Bishops this week adopted a directive that bans Catholic hospitals from offering gender-affirming care to their patients.

Since ‘creation is prior to us and must be received as a gift,’ we have a duty ‘to protect our humanity,’ which means first of all, ‘accepting it and respecting it as it was created,’” reads the directive the USCCB adopted during their meeting that is taking place this week in Baltimore.

The Washington Blade obtained a copy of it on Thursday.

“In order to respect the nature of the human person as a unity of body and soul, Catholic health care services must not provide or permit medical interventions, whether surgical, hormonal, or genetic, that aim not to restore but rather to alter the fundamental order of the human body in its form or function,” reads the directive. “This includes, for example, some forms of genetic engineering whose purpose is not medical treatment, as well as interventions that aim to transform sexual characteristics of a human body into those of the opposite sex (or to nullify sexual characteristics of a human body.)”

“In accord with the mission of Catholic health care, which includes serving those who are vulnerable, Catholic health care services and providers ‘must employ all appropriate resources to mitigate the suffering of those who experience gender incongruence or gender dysphoria’ and to provide for the full range of their health care needs, employing only those means that respect the fundamental order of the human body,” it adds.

The Vatican’s Dicastery for the Doctrine of the Faith in 2024 condemned gender-affirming surgeries and “gender theory.” The USCCB directive comes against the backdrop of the Trump-Vance administration’s continued attacks against the trans community.

The U.S. Supreme Court in June upheld a Tennessee law that bans gender-affirming medical interventions for minors.

Media reports earlier this month indicated the Trump-Vance administration will seek to prohibit Medicaid reimbursement for medical care to trans minors, and ban reimbursement through the Children’s Health Insurance Program for patients under 19. NPR also reported the White House is considering blocking all Medicaid and Medicare funding for hospitals that provide gender-affirming care to minors.

“The directives adopted by the USCCB will harm, not benefit transgender persons,” said Francis DeBernardo, executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization, in a statement. “In a church called to synodal listening and dialogue, it is embarrassing, even shameful, that the bishops failed to consult transgender people, who have found that gender-affirming medical care has enhanced their lives and their relationship with God.” 

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Federal Government

Federal government reopens

Shutdown lasted 43 days.

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(Washington Blade photo by Michael Key)

President Donald Trump on Wednesday signed a bill that reopens the federal government.

Six Democrats — U.S. Reps. Jared Golden (D-Maine), Marie Gluesenkamp Perez (D-Wash.), Adam Gray (D-Calif.), Don Davis (D-N.C.), Henry Cuellar (D-Texas), and Tom Suozzi (D-N.Y.) — voted for the funding bill that passed in the U.S. House of Representatives. Two Republicans — Thomas Massie (R-Ky.) and Greg Steube (R-Fla.) — opposed it.

The 43-day shutdown is over after eight Democratic senators gave in to Republicans’ push to roll back parts of the Affordable Care Act. According to CNBC, the average ACA recipient could see premiums more than double in 2026, and about one in 10 enrollees could lose a premium tax credit altogether.

These eight senators — U.S. Sens. Catherine Cortez Masto (D-Nev.), Dick Durbin (D-Ill.), John Fetterman (D-Pa.), Maggie Hassan (D-N.H.), Tim Kaine (D-Va.), Angus King (I-Maine), Jacky Rosen (D-Nev.), and Jeanne Shaheen (D-N.H.) — sided with Republicans to pass legislation reopening the government for a set number of days. They emphasized that their primary goal was to reopen the government, with discussions about ACA tax credits to continue afterward.

None of the senators who supported the deal are up for reelection.

King said on Sunday night that the Senate deal represents “a victory” because it gives Democrats “an opportunity” to extend ACA tax credits, now that Senate Republican leaders have agreed to hold a vote on the issue in December. (The House has not made any similar commitment.)

The government’s reopening also brought a win for Democrats’ other priorities: Arizona Congresswoman Adelita Grijalva was sworn in after a record-breaking delay in swearing in, eventually becoming the 218th signer of a discharge petition to release the Epstein files.

This story is being updated as more information becomes available.

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U.S. Military/Pentagon

Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day

Advocates sue to reverse Trump ban while service members cope with new struggles

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Second Lt. Nicolas (Nic) Talbott (Photo courtesy of Talbott)

President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.

The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.

On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.

The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.

For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.

“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”

This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.

“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”

The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.

“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”

Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.

Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.

“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”

The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.

“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”

While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.

Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.

Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.

“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”

“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”

Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.

“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”

He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.

“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”

Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.

“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”

With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.

Levi characterized the policy as overtly cruel and legally indefensible.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.

“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”

Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.

She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”

On legal grounds, Levi noted the ban violates the Equal Protection Clause.

“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”

When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.

“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”

Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.

Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.

“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”

Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.

“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”

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