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Carney mum on effort to repeal N.H. marriage

Romney, Perry support undoing state’s law

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White House Press Secretary Jay Carney was cautious on Thursday when asked about President Obama’s position on legislative repeal of the same-sex marriage law in New Hampshire.

Under questioning from the Washington Blade on the expected vote to repeal the law, Carney said he hasn’t spoken with Obama on the issue.

“I honestly haven’t spoken to him about that state issue, so I would have to take the question and see if there’s anything I can get back to you,” Carney said.

Pressed further on whether Obama’s position that states should decide the marriage issue themselves means that he would support the legislature’s decision to undo the law, Carney declined to elaborate.

“Again, that’s an ‘if-if’ question and I haven’t had the conversation with him or with any of the senior staff about it,” Carney said. “So let me take that and see if we can get a response to you.”

The White House didn’t immediately response to a follow-up e-mail request from the Blade to provide an answer.

President Obama has yet to endorse same-sex marriage, but has for more than a year suggested he could evolve to support marriage rights for gay couples. At the time that the New York Legislature was debating same-sex marriage legislation, Obama said during an LGBT fundraiser in New York City that states should decide for themselves the best way to handle the marriage issue.

But in 1996, Obama expressed support for same-sex marriage. In a questionnaire response to what is now the Windy City Times, Obama wrote, “I favor legalizing same-sex marriages, and would fight efforts to prohibits such marriages.”

The New Hampshire Legislature is likely to vote sometime this month on repeal of the state’s same-sex marriage law, which Gov. John Lynch (D) signed in 2009. Lynch has said he’d veto repeal legislation should it come to his desk, but the Republican supermajority in the legislature may have enough to override his veto.

Same-sex marriage in New Hampshire has become an issue for Republican presidential candidates seeking their party’s nomination. Texas Gov. Rick Perry praised efforts to repeal the marriage law during a banquet appearance in October for the conservative advocacy group known as Cornerstone Action. Former Massachusetts Gov. Mitt Romney said he favors repeal of New Hampshire’s law when Bob Garon, a gay Vietnam veteran, confronted the candidate on his views.

“I support the repeal of the New Hampshire law,” Romney said. “I believe marriage is between a man and a woman. That’s my view.”

But each of the candidates who’ve expressed support for a Federal Marriage Amendment — Perry, Romney, former U.S. House Speaker Newt Gingrich and former U.S. Sen. Rick Santorum — have implicitly backed the repeal of the New Hampshire law because such a measure would prohibit same-sex marriage throughout the country.

A transcript of the exchange between the Blade and Carney follows:

Washington Blade: Thanks, Jay. The New Hampshire Legislature this month is expected to vote on a bill that would repeal the same-sex marriage law there. The Democratic governor has said he’d veto any such measure that came to his desk, but the Republicans have a super majority in the legislature and they could have the votes to override this veto. Both Rick Perry and Mitt Romney have said they support the repeal of the marriage law there, but what does the president hope is the outcome of this vote?

Carney: Chris, I honestly haven’t spoken to him about that state issue, so I would have to take the question and see if there’s anything I can get back to you.

Blade: The president has said that he — states should decide how to best address the marriage issue themselves. If the legislature decides to repeal that marriage law will he support that decision?

Carney: Again, that’s an “if-if” question and I haven’t had the conversation with him or with any of the senior staff about it. So let me take that and see if we can get a response to you.

Watch the video here (via Think Progress)

http://www.youtube.com/watch?v=zrPabW2C6fM&eurl=http%3A%2F%2Fthinkprogress.org%2Flgbt%2F2012%2F01%2F05%2F398797%2Fwhite-house-doesnt-know-obamas-position-on-new-hampshires-marriage-equality-law%2F&feature=player_embedded

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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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