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Couples make history testifying against DOMA

Senate hears from spouses, activists about burdens of marriage ban; hearing first-ever in Congress on repeal of anti-gay law

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‘The time has come for the federal government to recognize that these married couples deserve the same legal protections afforded to opposite-sex married couples,’ said Sen. Patrick Leahy (D-Vt.) (Washington Blade photo by Michael Key)

A Senate hearing Wednesday on repealing the Defense of Marriage Act featured poignant testimony from couples in same-sex marriages, who described how the anti-gay law has harmed them.

The hearing, which took place before the Senate Judiciary Committee, was the first ever before Congress on repeal of DOMA, the 1996 law prohibiting federal recognition of same-sex marriage. The hearing was intended to highlight the Respect for Marriage Act, legislation pending before Congress that would repeal DOMA.

Ron Wallen, an Indio. Calif., resident, who married his partner of 55 years in 2008, said he’s unable to make payments on his home following the death of his spouse, Tom Carrollo, four months ago. Had he been in an opposite-sex marriage, he would have been able to receive Social Security benefits to help pay for the cost of living.

“I am selling the last house I shared with my husband in a panic sale because I can’t afford the mortgage and expenses,” Wallen said. “I am spending my days and nights sorting through our possessions, packing boxes to move — even while I am still answering the condolence cards that come in the mail.”

Susan Murray, who lives in Ferrisburgh, Vt., with her spouse, Karen Murray, said she also faces financial inequities as a result of DOMA. Murray was the co-counsel in the lawsuit Baker v. Vermont, which established civil unions in Vermont in 2000.

One issue Murray cited was the additional tax that she and her spouse have to pay on employer-based insurance coverage provided to them through her spouse’s employer, Fletcher Allen Health Care.

“Because of DOMA, I am not considered Karen’s spouse, so the value of that health insurance coverage for me ($6,200 a year) is considered taxable income to Karen,” Murray said. “She therefore has to pay income tax, as well as FICA and Medicare tax, on that ‘phantom’ income — unlike her other married colleagues.”

Andrew Sorbo, a Cheshire, Conn., resident and retired history teacher, also testified about financial troubles he faced after his spouse, Colin Atterbury, died of pancreatic cancer in 2009. Among other things, Sorbo said he was denied the right to be included in his deceased spouse’s medical insurance plan through the federal government.

Andrew Sorbo (Washington Blade photo by Michael Key)

“When I retired as a teacher in 2005, I had no alternative except to pay for my insurance coverage in full through my former school district, at a much higher cost than if I could have been covered under Colin’s plan as a spouse,” Sorbo said. “Last year, my insurance payments consumed almost a third of my $24,000 teacher pension.”

Sen. Patrick Leahy (D-Vt.), chair of the committee, spoke out in his opening statement for passage of the Respect for Marriage Act and said it would allow same-sex couples married under state law to receive federal benefits.

“Nothing in this bill would obligate any person, religious organization, state, or locality to perform a marriage between two persons of the same sex,” Leahy said. “What would change, and what must change, is the federal government’s treatment of state-sanctioned marriage. The time has come for the federal government to recognize that these married couples deserve the same legal protections afforded to opposite-sex married couples.”

Sen. Dianne Feinstein (D-Calif.), sponsor of the DOMA repeal legislation, maintained that the anti-gay law should be off the books because marriage, as well as other issues related to family such as adoption and divorce, have been under the jurisdiction of state law.

“Family law has traditionally been the preserve of state law,” Feinstein said. “The single exception is DOMA. Chief Justice [William] Rehnquist once wrote that family law ‘has been left to the states from time immemorial, and not without good reason.’ He was right.”

Passed by Congress in 1996, DOMA was signed into law by President Clinton. Both Clinton and the bill’s sponsor at the time, former Republican Rep. Bob Barr, have come out for repeal of the law.

DOMA has two components: one that prohibits the federal government from recognizing same-sex marriage and another that allows states not to recognize such marriages performed in other jurisdictions.

As a result of the component of DOMA known as Section 3, married same-sex couples cannot participate in federal programs. For instance, they can’t file joint federal income taxes, receive spousal benefits under Social Security or obtain exemptions of the estate tax law upon the death of one of the spouses.

Sen. Chuck Schumer (D-N.Y.), who represents a state where same-sex marriage will be available next week, emphasized the fiscal reasons for repealing DOMA and predicted that lifting the anti-gay law from the books “would, on balance, likely increase federal revenue.”

According to Schumer, in 2004 the Congressional Budget Office found that DOMA repeal at the time would have increased revenues by less than $400 million a year from 2005 through 2010, and by $500 million to $700 million annually from 2011 through 2014.

“I think that there are three fundamental principles at stake here,” Schumer continued. “Repealing DOMA makes good fiscal sense, it respects states’ rights to make their own determinations about marriage, and it treats all married people the same. It’s fair, it makes sense, and it’s time.”

The sole committee member to speak out against DOMA repeal during the hearing was Sen. Charles Grassley (R-Iowa), ranking Republican on the committee.

Sen. Charles Grassley (R-Iowa) (Washington Blade photo by Michael Key

Grassley, who represents a state where same-sex marriage is legal, said he opposes the Respect for Marriage Act because he believes marriage should be reserved for one man and one woman.

“The bill before us today is entitled the Respect for Marriage Act,” Grassley said. “George Orwell would have marveled at the time. A bill to restore marriage would restore marriage as it has been known — one man, one woman. That is the view of marriage that I support. This bill would undermine, not restore marriage by repealing it.”

Grassley and Sen. Orrin Hatch (R-Utah) were the only Republican senators who made an appearance at the DOMA hearing. Grassley was the only GOP committee member who asked questions of the witnesses.

Witnesses who married someone of the same-sex testified about how DOMA negatively affected their relationship or their ability to receive benefits after the death of their spouse.

The hearing took place on the heels of an announcement from White House Press Secretary Jay Carney on Tuesday that President Obama supports the Respect for Marriage Act.

“I can tell you that the president has long called for legislative repeal of the so-called Defense of Marriage Act, which continues to have a real impact on the lives of real people families, friends and neighbors,” Carney said. “He is proud to support the Respect for Marriage Act introduced by Sen. Feinstein and Congressman Nadler, which would take DOMA off the books once and for all. This legislation would uphold the principle that the federal government should not deny gay and lesbian the same rights and legal protections as straight couples.”

President Obama has previously said he supports legislative repeal of the Defense of Marriage Act, but has yet to come out in support of the Respect for Marriage Act, which is the specific measure pending before Congress that would repeal the law.

During the hearing, Grassley erroneously said that Obama until Tuesday “was a supporter of DOMA.” During the 2008 campaign, Obama made full repeal of DOMA one of his campaign promises.

 

Experts testify before Senate

 

House members also testified on both sides of the Respect for Marriage Act. Two Democratic members — Reps. Jerrold Nadler (D-N.Y.), the sponsor of the bill, and John Lewis (D-Ga.) — favored DOMA repeal, while Rep. Steve King (R-Iowa), a lawmaker known for his anti-gay views, opposed it.

Nadler maintained that not just same-sex couples — but children being raised by LGBT parents — are among those who are affected by the discrimination of DOMA.

“No legitimate federal interest in the welfare of children is ever advanced by withholding protection for some children based on the desire to express mild disapproval of their parents,” Nadler said. “It defies common sense to claim that it’s necessary to harm or exclude the children of married same-sex couples in order to somehow protect the children of opposite-sex couples.”

Similarly, Lewis expressed disbelief that Congress has yet to act on something as fundamental as allowing Americans the right to marry the person they choose.

“I find it hard to believe that in the year 2011, there’s still the need to hold hearings and debate on whether or not to allow people to marry the one they love,” Lewis said.

Lewis said DOMA imposes similar discrimination that blacks endured in the South under segregation and recalled the discrimination he faced as a child growing up in Southern Alabama.

“As a child, I tasted the bitter fruits and racism and discrimination, and I did not like it,” Lewis said. “And in 1996, when Congress passed the Defense of Marriage Act, the taste of that old bitter fruit filled my mouth once again.”

King, countering those arguments, based his testimony against repeal of DOMA on the basis that marriage is intended for procreation and thus should be reserved for one man and one woman because the union can produce children.

“The other side argues that you can’t choose who you love and that the union between two men and two women is equal to that of one man and one woman,” King said. “These are the same arguments that are used to promote marriage between fathers and daughters, mothers and sons or even polygamous relationships.”

Expert witnesses on both sides of DOMA testified before lawmakers. LGBT advocates maintained DOMA should be repealed to lift the burden of discrimination against same-sex couples, while supporters of DOMA said the anti-gay law is necessary to keep marriage as between one man and one woman.

Joe Solmonese, president of the Human Rights Campaign, was among the LGBT advocates who testified during the hearing. He addressed the financial burdens DOMA imposes on same-sex couples.

Joe Solmonese, president of the Human Rights Campaign (Washington Blade photo by Michael Key)

“DOMA means that the many protections the federal government provides for the health and financial security of American families remain out of reach for same-sex couples and their children,” Solmonese said. “Same-sex spouses of federal employees and active members of the military are denied access to health insurance coverage and a host of other benefits. Even when private sector companies voluntarily provide spousal health benefits, they are taxed, making it financially burdensome if not impossible for gay and lesbian couples to make use of these fair-minded policies.”

Evan Wolfson, president of Freedom to Marry, said DOMA “carves out a gay exception” in the way the U.S. government traditionally and currently treats married couples.

“DOMA divides those married at the state level into first-class marriages for those the federal government prefers and second-class marriages for those the federal government doesn’t like,” Wolfson said. “But in America, we don’t have second-class citizens, and we shouldn’t have second-class marriages either.”

Arguing in favor of DOMA, anti-gay advocates maintained the importance of keeping marriage between one man and one woman.

Austin Nimrocks, senior legal counsel for the Alliance Defense Fund, said the purpose of family and relationships is to procreate and raise children.

“Accordingly, from the lexicographers who have defined marriage, to the eminent scholars in every relevant academic discipline who have explained marriage, to the legislatures and courts that have given legal recognition and effect to marriage, they all demonstrate that an animating purpose of marriage in every society is to increase the likelihood that procreative relationships benefit society,” Nimrocks said. “Marriage between a man and a woman is a long standing, world-wide idea that is a building block of society.”

Edward Whelan, president of the Ethics & Public Policy Center, warned that DOMA repeal could require the federal government to recognize not only same-sex marriages — but also polygamous relationships.

“If the male-female nature of traditional marriage can be dismissed as an artifact and its inherent link to procreation denied, then surely the distinction between a marriage of two persons and a marriage of three or more is all the more arbitrary and irrational,” Whelan said. “It’s doubtful that any further sliding down the slippery slope would be necessary to get to polyamory: unlike the novelty of same-sex marriage, the polygamous version of polyamory has been widely practiced throughout history — and is therefore arguably up the slope from same-sex marriage.”

Whelan previously testified in April against same-sex marriage before the Republican-controlled House Judiciary Subcommittee on the Constitution hearing on “Defending Marriage.”

The assertion that DOMA would institute same-sex marriage is places where it didn’t exist before didn’t go without criticism from LGBT advocates after the hearing.

Rick Jacobs, chair and co-founder of the Courage Campaign, rebuked the assertion during that DOMA repeal would expand the places where gay couples can marry and maintained the Defense of Marriage Act would simply remove the federal government from the marriage issue.

“They don’t seem to understand what DOMA is,” Jacobs said. “They just keep missing the point that all DOMA is give the states the ability to decide what marriage is.”

Mary Bonauto, civil rights projects director for Gay & Lesbian Advocates & Defenders, also chided anti-gay advocates’ emphasis on marriage as between one man, one woman during the hearing as she said DOMA only affects those who are already married.

“I think it’s important to talk about marriage, but I wish there had been that much more delineation between what marriage is about one hand and what DOMA does, which is simply discriminate against people who are already married,” Bonauto said. “But there’s still, particularly in the opposition witnesses, this complete conflation between DOMA and marriage.”

Tom Minnery, vice president of public policy for Focus on the Family, bore the brunt of the tough questioning from the committee undermining his credibility for his position that children reared by opposite-sex parents are better off than those raised by same-sex parents.

Tom Minnery, vice president of public policy for Focus on the Family (Washington Blade photo by Michael Key)

“It is a strong and dramatically consistent finding in the social science, psychological and medical literature that children do best when living with their own married mother and father,” Minnery said.

In his testimony, Minnery cites a December 2010 study from the Department of Health & Human Services which he said found “children living with their own married biological or adoptive mothers and fathers were generally healthier and happier, had better access to health care, less likely to suffer mild or severe emotional problems, did better in school, were protected from physical, emotional and sexual abuse and almost never life in poverty, compared with children in any other family form.”

Sen. Al Franken (D-Minn.) challenged Minnery’s assertion, saying the HHS report “actually doesn’t say what you said it says.”

“It says that nuclear families — not opposite-sex married families — are associated with those positive outcomes,” Franken said. “Isn’t it true, Mr. Minnery, that married same-sex couple that has or had adopted kids would fall under the definition of the nuclear family in the study that you cite?”

Minnery replied that he would believe the study means nuclear families are families with opposite-sex parents, but Franken denied this speculation, saying, “It doesn’t,” eliciting laugher from those attending the hearing.

“The study defines nuclear family as one or more children living with two parents who are married to one another and each biological or adoptive parents of all the children in the family,” Franken said. “And I, frankly, don’t really know how we can trust the rest of your testimony if you are reading studies these ways.”

Rea Carey, executive director of the National Gay & Lesbian Task Force, said following the hearing the testimony of those affected by DOMA compared to apparently misleading testimony of the anti-gay law’s proponents shows why “we’re winning on this issue.”

“The families who spoke — they talked from their human experience,” Carey said. “The other side talked from technical matters, from research that actually didn’t reveal the true, full research. We’re actually — children are doing quite well in our families, thank you very much.”

 

Time for a markup?

 

Now that the Respect for Marriage Act has had a hearing in the Senate, one option to move the legislation would be to hold a markup to bring the legislation to the floor. All 10 Democrats on the committee have signaled support for the legislation, so the bill already has sufficient support to move forward.

A Senate Democratic aide, who spoke on condition of anonymity, said the committee has yet to set a date to report out the legislation to the Senate floor.

“This hearing began to build the record for repealing DOMA, and this is the beginning of the process,” the aide said. “Sen. Leahy will continue to work with Sen. Feinstein and other supporters, and hopes there will be support from both sides of the aisle for this repeal, but I have no announcements to make today concerning any kind of timeline.”

Jacobs said he wants to see more co-sponsors for the Respect for Marriage Act — and maintained he wants “all Democrats on board” — but said the time may be right for a markup on the bill.

“I think that we should move to that pretty quickly,” Jacobs said. “I’d like to see it. I know some people don’t, but I think we need to keep the momentum going.”

Following the hearing, Solmonese expressed caution about moving to a markup and deferred the decision to the Senate Judiciary Committee leadership.

“If we are genuinely committed to a clare path to victory, to ensuring that DOMA is repealed, then I would defer to the chairman in terms of the degree to which he thinks the time is appropriate for a markup — and how that relates to a full Senate vote and the prospects in the House,” Solmonese said. “As was the case with ‘Don’t Ask, Don’t Tell,’ as was the case with any legislative victory that we have seen through to the end, we never want to evaluate it on the merits of one action.”

Bonauto, who’s leading several lawsuits against DOMA in the federal courts, said she isn’t sure if a committee vote on DOMA repeal — or a floor vote in the Senate without action in the House — would have any effect on how the courts would evaluate the constitutionality of the anti-gay law. She cautioned that a symbolic victory in the Senate may not have the desired impact on the courts.

“It’s hard to predict,” Bonauto said. “In the 1970’s, when the Congress had approved of the Equal Rights Amendment and sent it up for ratification to the states, the Supreme Court stayed its hand and didn’t declare that gender was a suspect classification because it thought the issue was moving through the political process. I think we’ve all learned through of the failure of ratification of the ERA that because something has been approved by the Congress of even is a constitutional amendment is set forth for ratification, it doesn’t predict future results.”

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New York

NYC lawmakers seek to repeal bathhouse ban

Current policy enacted in 1980s in response to AIDS crisis

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(Washington Blade photo by Michael K. Lavers)

New York City lawmakers are pushing to repeal a decades-old prohibition on adult bathhouses, arguing the regulation was created during the height of the AIDS crisis and no longer reflects modern science or public health practices.

Erik Bottcher, the openly gay New York state senator who represents the 47th District that includes the Upper West Side, Chelsea, Hell’s Kitchen and portions of the West Village in Manhattan, is leading the charge to remove the decades-old ban. (Openly gay state Assemblymember Tony Simone has sponsored the repeal bill in the New York State Assembly.) Bottcher sat down with the Washington Blade to discuss why he is advocating for more bathhouses in New York City.

“This is simply about ensuring that our public health policy is in line with today’s science,” he told the Blade. “The prohibition on adult bathhouses was put into place in 1985 at the height of the the AIDS epidemic, when there was very little information, very little treatment options, few treatment options, and great deal of fear. Science has changed. Treatment has changed, and the laws need to change too.”

The proposed legislation would direct the New York State Department of Health to repeal the 1985 regulation and establish a new framework for regulating bathhouses.

“Municipalities around the country and all around the world allow for adult bathhouses. There’s no reason why New York City alone needs to maintain this outdated prohibition. Our bill orders the New York State Department of Health to strike the 1985 regulation and replace it with a regulated public health framework that’s grounded in science.”

Under the proposal, bathhouses would operate as licensed and regulated facilities subject to health and safety standards. Backers of the proposal say that framework could also give public health officials greater access to people who may otherwise be difficult to reach through traditional health care settings.

“What the Department of Health would do is work with public health experts and advocates to develop a regulatory framework that allows licensed regulated facilities to operate under clear health and safety standards — and under this — it would allow public health agencies to have greater opportunities to provide STI and HIV prevention resources, connect people to testing and treatment, conduct instructions, and address legitimate health concerns.”

Supporters of the repeal also argue banning bathhouses does not eliminate the sexual activity that takes place in them or elsewhere. Instead, they say, it pushes those activities into the shadows, where public health officials have fewer opportunities to provide life-saving services that include STI and HIV testing.

“This is also about a safer alternative than pushing activity into unregulated settings where there’s little opportunity for public health engagement because these activities are happening, but they’re happening in the shadows,” Bottcher continued. “We know that the best public health policy is to establish clear public safe public health guidelines that allow for public health intervention.”

Demetre Daskalakis, a physician and longtime HIV prevention advocate who has worked to create sexual healthcare opportunities in bathhouses, also worked with Bottcher on the proposal. 

Daskalakis was a high level Centers for Disease Control and Prevention employee until 2025, when he left federal health landscape after the Trump-Vance administration ousted then-CDC Director Susan Monarez. There he worked as director of the National Center for Immunization and Respiratory Diseases and was director of the Division of HIV Prevention at the National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention.

Daskalakis explained his experience has shown him the potential for these spaces to become points of contact for people who do not regularly access traditional health care.

“I’ve seen what happens when you push sex into the underground,” he said. “From my perspective, this is a great opportunity to be able to reach people who really will not come to normal clinical care and won’t go to normal routine places for testing or screening.”

“As a public health person, I look at it as a great opportunity,” added Daskalakis. “If there’s like regulation of those venues, and if there’s like a prevention plan that sort of sprouts in those places with really solid public health and clinical partners, I think it’s a great opportunity for public health good.”

Daskalakis said a regulated bathhouse could offer more than HIV and STI testing, potentially creating spaces where people could access prevention medications and other health services.

“The bottom line is if there is a good relationship between the government and the venues, we can develop spaces in the venues to actually deliver services,” he said. “It’s not just infectious disease services — I mean yes, you can do HIV testing, STI testing. You can provide doxypep and pre-exposure prophylaxis for people who are HIV negative and at risk for HIV.

“As an example, at Callen-Lorde Community Health Center (in New York City), where I’m the chief medical officer, we developed a prevention pack in a very low threshold way. We gave people enough doxypep and prep to get through Pride. You can also have Narcan and other things to reduce the risk of overdose.”

Daskalakis said that approach reflects what public health should be striving for: meeting the community where they are.

“If you have this sort of relationship with the government that’s not antagonistic, and the government, as New York is one to do, provides some regulatory oversight to these venues, I think what you’re going to have is a place that supports LGBTQ culture — which also which does include sexuality, and also creates a platform to be able to do like very solid prevention work.”

The public health landscape surrounding HIV has changed dramatically since the bathhouse regulation was adopted, Daskalakis said, pointing to advances in treatment and prevention.

“The bottom line is that HIV treatment and prevention have really converged. If you are someone living with HIV and you’re on HIV medicines and your viral load is undetectable, you don’t transmit HIV. That’s called undetectable is equal to untransmittable, or U = U. People who are on prep also have very low risk of acquiring HIV, and so you know the world is very different,” he said.

“Back in the 80s, when there was no way to impact transmission of HIV because we didn’t have effective ways to prevent it — or didn’t know very much about it at that point. It’s a very different world where we know a lot about HIV and have a lot of tools to be able to prevent transmission. Same with STIs,” added Daskalakis. “If you create a holistic strategy for prevention that is sex positive and aligned to these venues, you’re going to prevent HIV and STIs. Period.”

For supporters of the legislation, that public health argument is central to the effort to repeal the ban. Bottcher also sees the proposal as a way to restore LGBTQ community spaces at a time when many queer venues have disappeared and social interaction increasingly takes place online.

“In this era of social isolation created by social media and streaming services, people are desperate for third spaces,” Bottcher said. “Places for people to come together in person, to be together in person. That’s what this would help provide.”

Daskalakis echoed Bottcher’s point that bathhouses could transform from underground, tabooed spaces into venues that combine sexual health services with broader LGBTQ culture.

“When you make them illegal, they become seedy and dark. When you make them something that is allowed, they actually then become sites that may have sex on premises but also support other sorts of cultural things, and in a universe where people are trying to make LGBT folks seem invisible, creating a safe space for them is exactly what we need right now.”

That community-space argument is also tied to health disparities, Bottcher said, arguing that greater access to health education and prevention services could help people who are less likely to seek care through traditional medical settings.

“Creating opportunities for in-person public health education, prevention, treatment that will help improve health outcomes when you push people into less safe settings without any opportunities for education, prevention tools, or treatment. That’s when we see these disparities, these health disparities grow. So it’s very important that we be laser focused on opportunities to address these disparities and reduce them.”

He continued, explaining the proposed change is ultimately about updating public health policy as medical science evolves, just as other practices are updated when new information comes out.

“This is a matter of an outdated public health regulation and the government has a responsibility to continually revisit its public health regulation and ensure that they’re in line with modern day science,” Bottcher said. “Science and healthcare are continually evolving, and the HIV/AIDS prevention and treatment landscape has changed tremendously in the last few years. Our public health regulations need to keep pace with science.”

For LGBTQ New Yorkers who lived through the AIDS crisis, however, changing the policy could carry a different meaning.

Bottcher says the experiences of those who lived through the epidemic — one that killed nearly 300,000 gay men since the 1980s — should inform how any new system is implemented, rather than being dismissed.

“These are in order to help prevent the spread of HIV and AIDS and other STIs,” Bottcher said. “We have to bring people engaging in these activities out of the shadows and into safe settings that provide the opportunity for public health entities to engage with education, treatment, prevention — that’s what this would do.”

Daskalakis said those concerns should be approached through what he described as trauma-informed care.

“My response is that of trauma-informed care,” Daskalakis said. “We have totally been through it, but we need to sort of move past the trauma and realize that the science has changed. I’s not it’s not the ’80s anymore, but we definitely need to look at those folks who have gone through the experience (of the HIV/AIDS crisis) to make sure that what we’re building, from a public health perspective, are effective programs.”

“There’s a great opportunity to learn from folks with experience rather than to alienate them,” he added.

Bottcher also pointed out this policy revision and effort to bring regulations in line with modern science is not only happening in New York. Multiple other cities across the U.S. have moved away from bathhouse prohibitions.

Minneapolis just passed their ordinance in June,” he said. “San Francisco, despite the fact that they repealed their prohibition some years ago, they are still working to change the policy … However, around the country, even in red states, they have bathhouses … and they haven’t presented a detriment to public health in any way.”

The proposed change could also revive a part of New York’s LGBTQ cultural history, Bottcher said.

“Bathhouses were a big part of gay culture for decades. We all know the legendary stories of Bette Midler and Barry Manilow performing at the Continental Baths. I envision a resurgence of bathhouse culture that includes things like live music, arts, and entertainment. So it’s exciting to think about.”

And if that resurgence happens, Bottcher already has a dream performer in mind to be the first to take the stage.

“Oh, that’s such a good question … Cher.”

Daskalakis picked a similarly essential female singer of gay culture that he’d like to see in the bathhouses of today.

“I feel like my list could be so long, but I think that would be a great place for Madonna.”

The debate over New York’s bathhouse regulation ultimately reflects a broader question about how public health policy should respond as science, medicine, and LGBTQ communities change.

For Bottcher, regulation, rather than prohibition, would give health officials more opportunities to provide prevention and treatment while allowing LGBTQ people to gather openly.

For Daskalakis, the central lesson from his extensive healthcare work in bathhouses is that pushing sexual activity underground will make public health outreach more difficult — the opposite of what the government and healthcare providers should be doing.

“The opportunity to create safe spaces means that we’ll have more opportunities to reach people, not just for public health, but for so many other things … The strategy of banning things that are natural really doesn’t tend to help you very much. It ends up creating misalignment between the community and policymakers.”

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U.S. Military/Pentagon

Hegseth uses transphobic slur while campaigning for Iowa congressman

Defense Secretary was speaking in support of Republican Zach Nunn

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Defense Secretary Pete Hegseth (Washington Blade photo by Michael Key)

Defense Secretary Pete Hegseth on Monday used an anti-transgender slur while campaigning for U.S. Rep. Zach Nunn (R-Iowa), drawing attention to the Trump-Vance administration’s ongoing efforts to restrict trans people from serving in the military.

“At the Department of War, we do training, not t***nies,” Hegseth said, according to the Iowa Capital Dispatch, which first reported the remarks.

Hegseth made the comment at JR’s SouthPork Ranch at the Iowa State Fair, where he joined Nunn for a rally. The remark came as Hegseth discussed his priorities for the military and argued that the department’s focus should be on military readiness rather than issues of race or gender.

In the same speech, Hegseth claimed that the military operates without regard to race or gender.

“Training, lethality, accountability, discipline, readiness — the bedrock of what it means to be an American warrior — is the only focus of our department,” Hegseth said. “Colorblind, gender-neutral, merit-based. That’s it.”

Hegseth’s remarks come as the Trump-Vance administration continues its efforts to restrict trans people from serving in the military.

Since President Donald Trump returned to the White House, his administration has moved to remove trans service members from the military while also taking steps to prevent trans people from joining.

Trump signed “Prioritizing Military Excellence and Readiness” in January 2025, which attempts to bars trans individuals from serving or enlisting in the U.S. military, citing “military readiness” as the reason, despite there being no factual basis for the ban. The policy has been challenged by LGBTQ advocates and military service members, who argue there is no evidence that trans service members undermine military readiness.

Earlier this year, Hegseth made headlines again over the administration’s contradictory approach to hormone therapy, as the military moved to restrict gender-affirming hormone treatment for trans service members while encouraging cisgender military members to receive hormone therapy for “low T,” or testosterone.

The administration’s policy has faced a series of legal challenges from trans service members and advocacy groups.

In June, a federal appeals court panel ruled the administration could not discharge the trans service members who brought one of the lawsuits challenging the ban while their case continues, providing a moment of relief amid the administration’s ongoing efforts to restrict trans military service. The Trump-Vance administration has asked the U.S. Supreme Court to review that ruling and, in the meantime, keep it from taking effect.

The Washington Blade reached out to the Pentagon for comment on Hegseth’s use of the slur, but the department did not push back on his choice of words.

“We have nothing further to add beyond the secretary’s remarks,” the statement read.

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Illinois

Chicago’s LGBTQ+ youth: Why their zip code still matters

South and West side residents face longer commutes to access affirming services

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Participants in Center on Halsted's youth program at the film screening for ‘Lady Like,’ starring Lady Camden. (Photo by Kathleen Hinkel for Center on Halsted)

On Chicago’s West Side, the ballroom scene doubles as a lifeline for LGBTQ+ youth.

Every week, teens are drawn into TaskForce Prevention & Community Services for its popular Vogue School. Once there, they then have access to a variety of resources like housing support, a food pantry, fresh produce, and mental health services.

For many, it’s the only affirming environment in their neighborhood.

“We’re located here in Austin, and there isn’t really any other LGBTQ+ youth program like us on the West Side,” said Reyna Ortiz, program director at the nonprofit. “It’s special because young people don’t have to go Downtown or to the North side to feel like they belong here.”

Ortiz’s perspective underscores a long-standing reality that access to LGBTQ+ youth resources often depends on your zip code.

The city’s largest LGBTQ+ institutions have a prominence on the North Side, which is home to LGBTQ+ enclaves like Northalsted and Andersonville. This can leave queer youth on the South and West sides having to face longer commutes and other barriers when trying to access affirming services.

And when queer youth don’t have these kinds of resources nearby, it can create gaps that shape their health, education and economic futures. But North Side-based institutions—as well as smaller LGBTQ+ orgs on the South and West sides and some citywide organizations—are working to fill these gaps.

Two of Chicago’s largest LGBTQ+ organizations, the Center on Halsted and Howard Brown Health’s Broadway Youth Center, are both situated on the North Side.

At Center on Halsted, 3656 N. Halsted St., youth and family programming spans drop-in spaces, leadership and mentoring opportunities and support groups for LGBTQ+ youth.  statewide LGBTQ+ hotline provides additional access for young people beyond its Lakeview base.

CEO Joli Robinson said the Center has been intentional about expanding youth programming beyond the North Side through partnerships with other LGBTQ+ organizations and by introducing programs to its South Side location, the Center on Cottage Grove, 6323 S. Cottage Grove Ave.

“A week or so ago, we started our first drop-in space at the Center on Cottage Grove, which has been a priority for us over the past year and a half that I’ve been with the organization,” Robinson said. “We also partner with organizations like Chicago House and Life is Work, … and work to strengthen relationships with the GSAs in schools and PFLAG organizations that exist on the South and West sides.”

These kinds of collaborations are crucial to reaching LGBTQ+ youth in all neighborhoods of Chicago, Robinson said.

“These are organizations that they may already have a strong relationship with, and by deepening our partnerships with them, we’re leveraging the expertise of people who are in these neighborhoods to make sure we’re working in collaboration,” Robinson said.

The Broadway Youth Center, 1023 W. Irving Park Road, serves LGBTQ+ youth ages 12 to 24, particularly those experiencing homelessness or housing instability. It provides integrated medical and mental health care, sexual and reproductive health services, case management and mental wellness support.

The Broadway Youth Center’s drop-in space also offers meals, clothing, showers and other essentials, while cultural programming like art and dance provides additional affirming outets.

Both organizations state their programs are open to youth citywide and emphasize outreach through hotlines, housing services and broader support networks. 

Still, their physical bases on the North Side mean that young people in other parts of the city often face barriers to access them.

“And we don’t want transportation to be a barrier for individuals,” Robinson said. “We don’t want location to be a barrier for individuals to participate in some of our programming, so it really is incumbent upon us to be very strategic and think creatively about how we engage the full city.”

TaskForce is among the organizations working to fill these gaps.

Based in Austin on the West Side, the nonprofit offers youth services that are culturally specific, including housing support, food access, and sexual health testing.

Equally as important is TaskForce’s Vogue School, which uses voguing and ballroom culture to strengthen community and encourage self expression.

“Ballroom is important because it’s the one place where they can showcase their talents, where they can showcase who they are without any type of restrictions, without any type of judgment,” Ortiz said. “Ballroom and vogue are how our kids see themselves celebrated. It’s culture, it’s community, and it’s also leadership development.”

Ortiz said TaskForce also provides a steady presence in a neighborhood where resources are limited.

“We are consistent, we are here, we are present and we are open,” Ortiz said.

TaskForce is also home to PrEP 4 Teens, a citywide program focused on HIV prevention and sexual health among youth. While it’s open to teens across Chicago, staff said they are especially focused on reaching those on the South and West Sides who often face the steepest barriers to access.

“We’re looking to collaborate more with agencies, both in the south and west side of Chicago,” said program lead David Gauna. “We know those are the young people who need us most.”

That focus reflects the larger imbalance in the city.

“It’s about equitable access,” said Jim Pickett, one of the program’s organizers. “And so there’s a real lack of equity throughout Chicago, and we could certainly have a much more equitable distribution of opportunities.”

PrEP4Teens was shaped by youth themselves, Gauna added.

“Young people created this,” Gauna said. “They decided the colors, the imagery, the language. They said, ‘We don’t want this to be medical. We want this to be something fun. We want this to be engaging.’”

That youth-driven design is what makes it resonate, said Skai Underwood, who also runs PrEP4Teens. 

“We try to meet youth where they are, and culture is part of that,” Underwood said.

Schools can also play a part in filling these gaps on the South and West sides.

“I think that there’s a great opportunity for schools to be like the glue that brings everything together,” said Julio Flores, program director for the Alliance, which promotes school safety for LGBTQ+ youth through advocacy, education, youth programming and research.

For some students, he said, school-based GSAs are the only affirming space they have. 

“A GSA can be the only affirming space a young person has,” Flores said.

And those spaces can change a student’s trajectory, he added.

“When young people can lead a GSA, they’re not just building community, they’re building the skills they’ll use in college, in jobs and in life,” Flores said.

The gaps in geography don’t just shape whether young queer people can find community. They also shape whether they’re set up to succeed.

At TaskForce, Ortiz said success often begins with visibility. Young people who first came in for the Vogue School or drop-in services have gone on to train as medical assistants and phlebotomists.

“Some of our youth that frequent the Vogue School start to volunteer. Then we hire and train them, and now they’re building careers,” Ortiz said.

For youth involved with PrEP 4 Teens, growth is just as tangible.

Gauna said teens were engaged in a program that empowered them to build the look, feel and voice of a PrEP awareness campaign. By the end of the cohort, youth who had once been too shy to speak were leading workshops, presenting artwork and giving speeches.

“They started off super shy… and by the end they were showcasing what this program had done for them — not just to take charge of their sexual health, but to feel a lot more confident in themselves,” Gauna said.

Pickett tied those individual transformations back to the bigger picture.

“So many queer young people of color don’t necessarily have many safe spaces throughout the day in their lives,” he said. “Providing these opportunities to engage with other young people and develop their skills and have fun and be fully who they are is so empowering. It sets them up for success.”

Robinson of Center on Halsted said the link between geography and opportunity often comes down to whether young people have their most immediate needs met close to home. Without food, shelter or a safe place to connect, long-term success could remain out of reach.

“For people to really have the safety and security they need to think about economic development or to be provided with a stronger footing and foundation to focus on maybe college or career, they need to have some of their most basic needs met,” Robinson said.

This article was originally published by the Windy City Times and is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com/

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