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Rising Cain

GOP frontrunner attacked from left and right over marriage

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Republican presidential candidate Herman Cain (Washington Blade file photo by Michael Key)

The new GOP presidential frontrunner continues to make headlines on LGBT issues as both pro-LGBT advocates and anti-gay forces express concerns about his candidacy.

Hermain Cain, former CEO of Godfather’s Pizza, said Sunday in an interview on NBC’s “Meet the Press” that he wouldn’t push for a U.S. constitutional amendment banning same-sex marriage if he were elected president.

“I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage,” Cain said.

Pressed by host David Gregory on whether states should decide the issue for themselves, Cain replied, “They would make up their own minds, yes.”

Cain’s remarks on “Meet the Press” echo comments he made in June during a New Hampshire presidential debate in which he said the issue of marriage should be a “state’s decision.”

The candidate’s lack of support for a Federal Marriage Amendment differentiates him from other Republican candidates — including former Massachusetts Gov. Mitt Romney, Texas Gov. Rick Perry, Rep. Michele Bachmann and former U.S. Sen. Rick Santorum — who’ve called for a Federal Marriage Amendment banning same-sex marriage throughout the country.

The former pizza magnate has come under fire from social conservatives for not endorsing a U.S. constitutional amendment banning same-sex marriage as other GOP candidates have done.

In an interview Sunday with Radio Iowa, Santorum said Cain wouldn’t defend the family as president and compared his position on marriage to President Obama’s.

“The idea that this issue should be left to the states is the position Barack Obama takes and it’s not the right position,” Santorum said. “There needs to be a uniform definition of marriage in this country.”

The National Organization for Marriage has also targeted Cain for not signing the organization’s pledge to oppose marriage equality as president by backing a Federal Marriage Amendment and defending the Defense of Marriage Act in court.

Brian Brown, president of the National Organization for Marriage, said in an e-mail to supporters earlier this month that he hopes Cain will come around to endorse a U.S. constitutional amendment banning same-sex marriage.

“Cain’s comments on a federal marriage amendment have not always been crystal clear and consistent,” Brown said. “I personally hope that means he is in the process of ‘evolving’ on the issue, as the campaign moves forward.”

Despite his position on the amendment, Cain’s lack of support for a Federal Marriage Amendment isn’t winning him any support from LGBT advocates.

Dan Pinello, a gay government professor at the City University of New York, said the LGBT community shouldn’t look to Cain as being more sympathetic than the other Republican candidates.

“The difference among those right-wing Republican candidates on LGBT issues is the difference between Tweedledum and Tweedledee,” Pinello said, “It’s just as simple as that. There isn’t any consequential difference. They hate us, generally, period.”

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, questioned the authenticity of Cain’s remarks on Sunday and said the candidate has “been all over the map” on a constitutional amendment on same-sex marriage.

“It’s not entirely clear where he stands on this,” Cole-Schwartz said. “Certainly his positions have not been consistent.”

In 2004, while running as a U.S. Senate candidate in Georgia, Cain issued a statement against the Masssachusetts court decision that brought marriage equality to the Bay State and called for a U.S. constitutional amendment to rescind the ruling.

“The courts have failed the American people,” Cain said at the time. “Congress needs to enact a constitutional amendment to protect the sacred institution of marriage.”

Cain continued, “Liberal-minded judges have opened a floodgate of judicial tyranny that will chip away at the core values of this country until nothing sacred is left! It started with not allowing prayer in schools, not being able to display the Ten Commandments, attempting to take God out of the Pledge of Allegiance and now making same-sex marriages legal.”

The assertion that Cain’s position on marriage is the same as Obama’s doesn’t hold up.

For starters, in addition to opposing a Federal Marriage Amendment, Obama voted against the measure as a U.S. senator. Cain has also pledged to defend DOMA in court and has criticized Obama for dropping his defense of the 1996 anti-gay statute in court cases.

Cain also came under fire from LGBT advocates earlier this month for saying that he believes homosexuality is a choice and science hasn’t proven otherwise.

Additionally, Cain said in a January radio interview with anti-gay conservative Bryan Fischer that he would veto the Employment Non-Discrimination Act if it reached his desk. Said Cain, “I would veto that relative to special rights to homosexuals.”

Cole-Schwartz said a Cain presidency would “be a tremendous problem for the LGBT community” based on the candidate’s positions and history.

“Just recently, his comments that being gay is a choice and suggesting that the science proves his point just shows that these are not issues that he has spent time thinking about in a positive way,” Cole-Schwartz said.

Even so, Cain’s positions on some LGBT issues continue to differentiate him among the other Republican candidates.

Earlier this month, Cain told the Huffington Post’s Sam Stein he has no problems with openly gay people serving in the military and wouldn’t seek to reinstate “Don’t Ask, Don’t Tell” if elected president.

“I will not seek it, but I think it is a distraction at this point,” Cain said. “Wherever the military is, the day that I take office, I’m not going to stir that pot because I think it’s an unnecessary distraction at this point.”

Other Republican presidential candidates — including Santorum and Bachmann — have said they would reinstate the gay ban.

However, Cain added he will “listen” if military leaders want “something different” on “Don’t Ask, Don’t Tell” and said if it were never repealed, he would have “been fine with it.”

R. Clarke Cooper, executive director of the Log Cabin Republicans, said Cain has often been “inconsistent” on LGBT issues over the course of his campaign.

“I do think on a macro he’s much more approachable, but there has been some back and forth,” Cooper said. “He’s in a sense demurring in larger public fora on these issues, but when you put him before a more conservative audience, he seems to obviously lean a bit more right.”

Cain’s positions on LGBT issues could become of greater interest if he’s nominated to carry the Republican banner in the general election.

Several polls published over the weekend have Cain leading the Republican candidates or at least have him tied with Romney.

An NBC News/Wall Street Journal Survey conducted earlier this month found Cain leading the pack with support from 27 percent of respondents. Romney came in second with 23 percent of support.

A Public Policy Poll published last week gives him even greater national standing with support of 30 percent of responders while Romney comes in second at 22 percent.

Cain has become known for proposing a “9-9-9 plan” for tax reform, which would replace the current tax code with a 9 percent personal income tax, a 9 percent business transactions tax, and a 9 percent federal sales tax.

Whether Cain will remain at the top of the pack remains to be seen. Other Republican candidates — such as Bachmann and Perry — have shown similar strength in the polls, but later faltered. Romney has consistently been in first or second place in polls as the primary season has geared up.

Pinello said the reason for Cain’s current standing in the polls — as well as the rise and fall of other candidates — is because the religious right and the Tea Party factions of the Republican Party are “desperate to find” an alternative to Romney.

“A year or so ago, Sarah Palin had a flirtation with the Tea Party and the religious right, and then four months ago, the fascination was with Michele Bachmann,” Pinello said. “Then it was Rick Perry, then it was Chris Christie, and now it’s Herman Cain. It’s a series of infatuations with each of these candidates, which, for a host reasons tend quickly to crash and burn.”

Cooper said Cain has started a debate on tax reform with his 9-9-9 plan, but doesn’t think his candidacy will have much traction.

“I suspect that he’s enjoying what he’s doing, but I don’t think he really intends to go all way,” Cooper said. “Maybe this is his way of setting himself up for a potential cabinet appointment.”

Pinello predicted Cain’s standing would fade because of the candidate’s lack of money and organization. According to the most recent Federal Election Commission reports, Cain has raised $5.3 million thus far in the election cycle, while Romney has raised $32.2 million and Perry has raised $17.1 million.

“He just relied entirely upon these debates for promoting himself, and that’s not adequate in a rigorous primary, let alone a general election,” Pinello said. “So, I think he’s a flash in the pan just like the others were. Next month, it’ll be someone else.”

 

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California

Calif. governor signs 6 pro-LGBTQ bills, vetoes 1

Gavin Newsom rejected measure he claimed is legislative overreach

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California Gov. Gavin Newsom, center, at the 2024 Democratic National Convention in Milwaukee. (Washington Blade photo by Michael Key)

Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state. 

The six signed bills:

Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment. 

Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions. 

Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice. 

Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP. 

Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions. 

Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals. 

Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government. 

Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”

The vetoed bill:

Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.” 

This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.” 

In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.” 

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HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states

Survey finds anti-LGBTQ school harassment, bullying highest in 17 states

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(Washington Blade photo by Michael Key)

The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.

The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.

“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.

“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”

The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.

It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.

According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”  

The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.

In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.  

The HRC statement includes these “key” findings from the survey:

  • In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
  • Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
  • In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
  • Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)

“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.

“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.

The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”

The full survey findings and report can be accessed here:

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U.S. Supreme Court

Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons

SCOTUS could further restrict rights of trans inmates

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The U.S. Supreme Court with an LGBTQ Pride flag flying in front of it. (Washington Blade Photo by Michael Key)

The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.

U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.

The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”

If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.

The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”

American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.

The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.

Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.

The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.

Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.

The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.

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