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Reporters grill Carney on marriage, Prop 8 ruling

No comment on court decision; no update on Obama’s marriage views

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White House Press Secretary Jay Carney faced a flurry of questions Tuesday about President Obama’s evolving position on same-sex marriage and his reaction to the court decision that California’s Proposition 8 is unconstitutional.

In response to the questioning, Carney said he didn’t have a comment on the decision, although he noted the president has “long opposed divisive and discriminatory efforts that deny rights and benefits to same-sex couples.”

A total of six news outlets asked Carney about marriage and the Proposition 8 decision: Reuters, the Wall Street Journal, NBC News, the Huffington Post, American Urban Radio and the Washington Blade.

Under questioning from the Blade, Carney dodged an inquiry about whether Obama — who came out against Prop 8 when it was on the ballot in 2008 and called it “unnecessary” — also believes the measure is unconstitutional.

“I’m not going to comment on litigation particularly as here where we are not party to it, but the president’s positions on these issues writ large are well known, and he’s long opposed divisive and discriminatory efforts to deny right and benefits to same-sex couples,” Carney said.

Pressed by the Blade further on whether Obama’s lack of support for marriage equality but opposition to “divisive and discriminatory” efforts such as Proposition 8, a ban on same-sex marriage, represents an inconsistency, Carney said he didn’t have an update on the president’s position on same-sex marriage, but explained the distinction.

“I can tell you that divisive and discriminatory efforts to deny rights and benefits is something this president has long opposed,” Carney said. “And I think that’s an important point to make. These are proactive and deliberate efforts to deny benefits and to be discriminatory.”

Asked by NBC News whether the Ninth Circuit court decision will inform Obama’s evolution on marriage, Carney said the ruling had come out too recently for him to provide an answer.

“The decision was made within the hour before I came out here, so I haven’t had that conversation,” Carney said.

American Urban Radio pressed Carney further about when Obama’s evolution would come to an end and whether that would take place before June or the general election. Carney, however, said he doesn’t “have a timetable.”

“As the president discussed when he answered this question a while back, this is a process that involves his faith and the way he views these issues,” Carney said.

Asked whether he’s had conversations with members of the LGBT community on this issue, Carney said he isn’t aware of any talks.

“The president has a lot of conversations with a lot of people, and I can’t say one way or the other whether or not he’s had that discussion with anybody,” Carney said. “He may have, but I’m not aware of it.”

Meanwhile, GOP presidential front-runner Mitt Romney condemned the Prop 8 court ruling.

“Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage,” Romney’s statement said. “This decision does not end this fight, and I expect it to go to the Supreme Court. That prospect underscores the vital importance of this election and the movement to preserve our values. I believe marriage is between a man and a woman and, as president, I will protect traditional marriage and appoint judges who interpret the Constitution as it is written and not according to their own politics and prejudices.”

R. Clarke Cooper, executive director of the National Log Cabin Republicans, said Romney was issuing a “kneejerk” reaction to the ruling.

“In a time when conservatives agree that the institution of marriage is in need of support, Republicans should celebrate gay and lesbian Americans embracing the ideals of marriage and creating families,” Cooper said. “Gov. Romney’s comments attacking the court for striking down Proposition 8 reflect an unfortunate kneejerk opposition to expanding liberty and a poorly calculated political effort to appeal to a shrinking base of primary voters opposed to marriage equality.”

A transcript of the exchange between reporters and Carney on the marriage issue follows:

Reuters: Does the White House have a reaction to the appeals court ruling on California’s gay marriage ban?

Jay Carney: I don’t have a comment on litigation in general, and this litigation, to which we are not a party. Beyond that, I can say that the president has long opposed divisive and discriminatory efforts that deny rights and benefits to same-sex couples.

Washington Blade: I just want to follow up on the Prop 8 ruling. Back in 2008, candidate Obama came out against Proposition 8 when it was on the ballot, calling it “unnecessary.” I’m just wondering if the president shares the belief that the measure is also unconstitutional.

Carney: Well, again, I’m not going to comment on litigation particularly as here where we are not party to it, but the president’s positions on these issues writ large are well known, and he’s long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples. But I don’t have anything more for you on that.

Blade: I want to follow up really quickly on that, though. You said the president opposes “divisive and discriminatory” efforts against same-sex couples, but the effort here — the issue in question is marriage, so isn’t it inconsistent for the president to not support same-sex marriage and also to be against such measures?

Carney: Well, I don’t have any update for you on that particular issue in regards to the president’s views. I can tell you that divisive and discriminatory efforts to deny rights and benefits is something this president has long opposed. And I think that’s an important point to make. These are proactive and deliberate efforts to deny benefits and to be discriminatory.

Wall Street Journal: On Proposition 8, just in general, is it still the president’s view that same-sex marriage is an issue that should be decided by the states — each individual state?

Carney: However you might want to tease out an evolutionary position on this —

Journal: I’m just asking you what his position is. Has his position changed that states should make these decisions?

Carney: I have no announcement of any changes.

Journal: Given that that is his latest position that states should make the decision, why would he not be supportive of California making the decision through the vote of Proposition 8 to ban same-sex marriage?

Carney: Well, because he opposes divisive and discriminatory efforts to deny rights and benefits to same-sex couples. Again, I’m not commenting on specific litigation. I’m talking about his general opposition.

Journal: All sorts of states have banned same-sex marriage. Are all of those divisive and discriminatory as well?

Carney: I can’t at this moment stand here and analyze each one. I can just tell you the president’s long opposition to divisive and discriminatory efforts — you know his position. You know where it stands now with the issue of same-sex marriage, so I really don’t have much to add on it.

Journal: But there’s a fundamental inconsistency. Correct me if I’m wrong. If he says on one hand, it’s up to the state to decide, but those states who decide that they’re against it are divisive and discriminatory. So, I just wanted you correct me if I’m missing something.

Carney: Well, again I’m not offering a blanket. I’m talking about general efforts that are divisive and discriminatory. I’m not making an assessment on specific states or state laws.

Journal: How is this not just complete hypocrisy if he’s saying that it’s up to states to decide, but he won’t back a state that does make the decision?

Carney: Laura, I’m not going to comment on specific litigation or a specific state. I can say the president has long opposed divisive and discriminatory efforts to deny right and benefits to same-sex couples, and his overall record on the issue of LGBT rights is well known and is one that he’s very proud of.

NBC News: I want to try just one more on Proposition 8. How does today’s ruling on Proposition 8 inform the president’s view on same-sex marriage, which he said is evolving?

Carney: I just don’t have anything to add about that. The decision was made within the hour before I came out here, so I haven’t had that conversation.

NBC News: Without getting into the decision

Carney: I don’t know. You’re asking me how his view is changed by this decision. I don’t know.

Huffington Post: I’m just curious how the president can be proactively against divisive and discriminatory efforts to deny people civil rights and not proactively be for the concept of marriage equality?

Carney: Sam, I totally appreciate the question. But I’m not here to announce a new position.

Huffington Post: I want just to illuminate the current position a little bit better.

Carney: Again, I would refer you to the comments the president had made on this issue. I don’t have any changes to provide to you.

American Urban Radio: When will we have a firm decision on this evolution? You have strong groups, groups that have strong thoughts and convictions on this, LGBT groups, you have religious groups, you have civil rights groups and so many others. Will we see a decision by June or before the general election on his evolution and his mindset on this?

Carney: I just don’t have a timetable to provide to you, April. I appreciate the question. As the president discussed when he answered this question a while back, this is a process that involves his faith and the way he views these issues. And as he said, and I won’t go beyond that, his views are evolving. But I don’t have an end point to announce to you or a date certain to tell you that he’ll have to say about that issue.

American Urban Radio: He has strong support from the LGBT community. Is he in consultation with many members of the community about this evolving mindset? When is the last time

Carney: The president has a lot of conversations with a lot of people, and I can’t say one way or the other whether or not he’s had that discussion with anybody. He may have, but I’m not aware of it.

Watch the video of the Blade’s questioning with Carney here:

http://www.youtube.com/watch?v=SFsxzw3-GfA

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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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