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Obama asserts marriage issue should be left to states

At NYC fundraiser, president encourage states to debate the way ‘to treat people fairly’

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President Obama (Blade file photo by Michael Key)

NEW YORK CITY — President Obama reiterated on Thursday that the marriage issue should be left to the states during an LGBT fundraiser in New York City that took place amid increasing pressure for him to endorse marriage rights for gay couples.

During his remarks, Obama noted legislation is pending before the New York State Legislature that would legalize same-sex marriage in the nation’s third-largest state, but offered no explicit remarks either for or against the bill.

Obama drew on his opposition to the Defense of Marriage Act, which prohibits same-sex marriage, in his remarks on the New York marriage bill and leaving the issue to the states. The president has called for legislative repeal of DOMA and, in February, announced the law was unconstitutional and his administration would no longer defend it in court.

“Part of the reason that DOMA doesn’t make sense is that traditionally marriage has been decided by the states,” Obama said. “I understand there is a little debate going on here in New York about whether to join five other states and D.C. in allowing civil marriage for gay couples. I want to say that under the leadership of Governor [Andrew] Cuomo, with the support of Democrats and Republicans, New York is doing exactly what democracies are supposed to do. There’s a debate; there’s deliberation about what it means here in New York to treat people fairly in the eyes of the law.”

Obama’s remarks that relationship recognition should be left to the states emphasizes a different note of what he’s already said on the issue, but slightly deters from the White House and president’s greater emphasis in recent months on how the president could evolve to support same-sex marriage.

About 600 donors, mostly male, sat at round tables in a large ballroom for the $1,250-a-plate dinner at the Sheraton Hotel and Towers in New York. Gay actor Neil Patrick Harris and Capt. Jonathan Hopkins, a West Point graduate who was discharged under “Don’t Ask, Don’t Tell,” introduced Obama at the start of the event.

Advocates had been hoping that Obama, who has previously suggested his position could evolve on same-sex marriage, would come out for gay nuptials and endorse the New York marriage bill during the fundraiser. But before the fundraiser, White House Press Secretary Jay Carney said during a press gaggle that Obama wouldn’t issue such an endorsement during the speech.

At an earlier point in his remarks, while beginning to list his achievements for the LGBT community, Obama was interrupted by hecklers who shouted, “Marriage! Marriage!” in an apparent attempt to get the president on board with marriage equality.

The president replied, “I heard that. Believe it or not I anticipated that.” Despite the heckling, no attendees were escorted out of the event.

Obama continued listing his accomplishments for the LGBT community and said he would continue to fight against discrimination against LGBT people, recalling that legislative passage of a hate crimes protections and legislation allowing for “Don’t Ask, Don’t Tell” repeal occurred under his watch.

“I believed that discrimination because of somebody’s sexual orientation or gender identity ran counter to who we are as a people, and it’s a violation of the basic tenets on which this nation was founded,” Obama said. “I believe that gay couples deserve the same legal rights as every other couple in this country.”

The president made a reference to Lady Gaga’s “Born This Way” — in addition to often dismissed speculation that he wasn’t in fact born in the United States — during his recollection of what he’s done for the LGBT community, eliciting laughter and applause from the audience.

“Ever since I entered into public life, ever since I have a memory about what my mother taught me, and my grandparents taught me, I believed that discriminating against people was wrong,” Obama said. “I had no choice. I was born that way — In Hawaii.”

Josh Cohen, a gay New York City-based activist who attended the fundraiser, said the two most important parts of Obama’s speech were his assertion that gay couples deserve the same legal rights as opposite-sex couples and his stated empathy over people’s frustration with the slow pace of progress.

“When people in the audience hollered for an explicit answer on the M-word question, [Obama] didn’t blame them for doing so,” Cohen said. “He expressed understanding for why people holler and keep the pressure up. He even understood the need for people to holler and keep the pressure up on him.”

Cohen said he’d like the president to move faster on LGBT rights, but added, “given the tools he has to work with, and all the constituencies he needs to balance to stay in office, he’s moving along at an acceptable pace.”

Prior to the fundraiser, grassroots LGBT groups demonstrated outside the hotel. Around 20 activists affiliated with Queer Rising and GetEQUAL waived and banners and shouted chants urging President Obama to endorse marriage equality.

Some protesters held a sign listing a number of prominent Republicans who support same-sex marriage — including former Vice President Dick Cheney, former first lady Laura Bush and gay former Republican National Committee Chair Ken Mehlman — while noting Obama has yet to do the same.

The protesters shouted the now familiar GetEQUAL refrain, “I am … somebody … and I deserve … full equality.” They later chanted, “What do you we want? Marriage equality! When do we want it? Now!”

Dan Fotou, eastern regional field director for GetEQUAL, said the demonstration was held because the president came to an LGBT fundraiser in New York amid the marriage equality battle in the state while remaining opposed to same-sex marriage.

“We’re here to remind him that his position on marriage equality is unacceptable,” Fotou said. “He’s got other Republicans, prominent Republicans, who are for marriage equality — who’ve never promised equality, who’ve never promised to be our ‘fierce advocate’ — they’ve come out for marriage equality.”

Eugene Lovendusky, secretary of Queer Rising, also said he wanted to protest because of Obama’s lack of support for marriage equality amid the push for marriage legislation in New York.

“Fifty-eight percent of New York are in favor of marriage equality and Obama is staying silent, but has no problem taking money from the gays here, though, so that’s why we’re here,” Lovendusky said.

Fotou said Obama should come out for same-sex marriage because his leadership position means his support for marriage equality would lead to greater protections for the LGBT community.

“When we have governmental support — hate crimes, suicides, LGBT homelessness — all the things that are really part of our community that are harmful — it has a tendency to take the sting out of that,” Fotou said. “The more equal we become, the more visible we become in society, the less harm we are facing. So that, I think, is a really important thing that I think Obama can recognize in his position to evolving to support for marriage equality.”

NOTE: This post has been updated.

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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

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U.S. Supreme Court (Washington Blade photo by Michael Key)

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.

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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

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

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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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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