National
In reversal, same-sex marriage advocates playing offense
After years of fighting anti-gay forces, has the tide turned?

The issue of same-sex marriage has returned to the national stage in an unprecedented way as numerous states throughout the country are seeing action on the issue.
In the past week, several states have seen developments on marriage. Washington Gov. Chris Gregoire signed into law marriage legislation, while New Jersey Gov. Chris Christie vetoed a similar bill that reached his desk. The Maryland House voted to approve marriage legislation by a vote of 72-67, clearing what is seen as the most difficult hurdle in getting the legislation to Gov. Martin O’Malley’s desk.
A surprise development in Hawaii was also announced on Wednesday. According to Hawaii News Now, Gov. Neil Abercrombie (D) announced he would no longer defend in court a state constitutional amendment prohibiting same-sex marriage against federal legislation, while Health Director Loretta Fuddy said she’d continue defending the amendment.
These actions come on the heels of a three-judge panel of the U.S. Ninth Circuit Court of Appeals ruling against the constitutionality of Proposition 8, California’s ban on same-sex marriage. Anti-gay forces this week appealed the ruling to the full appellate court.
The issue is also at the ballot. Advocates in Minnesota and North Carolina are working to beat back anti-gay marriage amendments, while advocates in Maine are preparing to push the first ever pro-marriage equality ballot in their state.
Meanwhile, anti-gay forces continue threatening to take away marriage rights in New Hampshire through repeal legislation.
M.V. Lee Badgett, a lesbian professor of economics and director of the Center for Public Policy & Administration at the University of Massachusetts, Amherst, said she’s struck by “the tipping of the balance toward the proactive and positive side” of the debate on same-sex marriage.
In previous years, the issue of same-sex marriage has predominately seen activity in terms of anti-gay marriage ballot initiatives that — with the exception of Arizona in 2006 — have all been approved by voters, but that situation has changed.
“In four states, the marriage equality forces are on the offensive, with one new victory and others in sight,” Badgett said. “In a fifth, New Hampshire, the effort is more defensive to preserve an earlier win, and a sixth, Maine, is led by people determined to get back the right granted by the legislature but taken away by voters.”
Badgett, also research director at the Williams Institute at the University of California, Los Angeles, noted only two states, North Carolina and Minnesota, have situations “like the ‘old’ model” of efforts to institute a ban on same-sex marriage in state constitutions.
“That political progress is very likely to reflect a growing cultural acknowledgement that same-sex couples can have the same kind of loving, committed relationships as different-sex couples, so they should also have the same right to marry,” Badgett said.
The issue is already playing out in the 2012 presidential election as the candidates vying for the nomination have adopted positions against marriage equality as part of their campaigns.
Just after the marriage legislation was signed in Washington, former U.S. Sen. Rick Santorum made a campaign appearance in the state, saying Gregoire’s signature isn’t the “final word” and urging opponents of same-sex marriage to take action. Anti-gay forces have the opportunity to bring the measure to the ballot if they collect 120,577 petition signatures and deliver them to state officials before the June 6 deadline.
Former Massachusetts Gov. Mitt Romney has taken an interest in the marriage issue as well. Prior to the New Hampshire primary, he said he supports the repeal of the same-sex marriage law in the state. Both Romney and Santorum have also decried the Ninth Circuit panel’s ruling against Proposition 8 in California.
But what about President Obama? Sixteen months after first saying he could “evolve” on the issue, the president has yet to publicly endorse same-sex marriage, despite other work his administration has done on behalf of same-sex couples, including calling for repeal of the Defense of Marriage Act and declaring the anti-gay law unconstitutional.
Last week, White House Press Secretary Jay Carney said on Air Force One that he wouldn’t weigh in on individual states’ actions on marriage and reiterated comments he previously made on the issue, saying Obama believes states should decide the issue and the president opposes taking away already established rights from couples.
“I would say only broadly, as I have said in the past, without weighing into individual states and their actions, that this president strongly supports the notion that the states should be able to decide this issue, and he opposes actions that take away rights that have been established by those states,” Carney said.
Pressed on whether Obama is still evolving on same-sex marriage, Carney said has “no update” on Obama’s views on the matter.
Richard Socarides, a New York-based LGBT advocate and former president of Equality Matters, said Obama should endorse same-sex marriage before Election Day.
“I do still believe it’s a good idea politically and I do still believe that he will cross that path and end up announcing his official support for it, but beyond that I don’t have any serious predictions,” Socarides said.
Socarides said an endorsement from Obama would energize progressive Democrats in an election year and “remind them that he’s a president who stands strongly” with the LGBT community as well as increase the support among the majority of Americans who support same-sex marriage.
Additionally, Socarides said anyone who wouldn’t support Obaman because he endorsed same-sex marriage wouldn’t support the president anyway in an election.
“He kind of has the worst of both worlds now because no one thinks he doesn’t support same-sex marriage, and the people who want him to be more vocal in this regard aren’t satisfied,” Socarides said.
LGBT advocates are also seeking help from the Democratic National Committee on the issue of same-sex marriage on two fronts: an endorsement of same-sex marriage in the Democratic Party platform, which will be issued in the fall, and financial resources to assist pro-LGBT advocates with ballot measures in the various states.
Last week, Freedom to Marry launched a campaign to encourage members of the Democratic Party platform drafting committee to adopt an endorsement of same-sex marriage in the document as well as support for measures overturning DOMA and opposition to anti-gay marriage amendments. As of Wednesday, the organization’s petition had 15,528 signatures.
The proposed platform language has already seen endorsements from House Minority Leader Nancy Pelosi (D-Calif.), co-chairs of the Congressional Progressive Caucus Reps. Keith Ellison (D-Minn.) and Raul Grijalva (D-Ariz.), and, just this week, Emily Tisch Sussman, executive director of the Young Democrats of America.
During a news conference last week, Pelosi expounded upon her endorsement of adding marriage equality to the Democratic Party platform.
“What I, as one person, say that I support, is not necessarily what the consensus document of the platform is, so I was just talking about me when I said that,” Pelosi said. “In fact, in my platform in 1982, it was a midterm platform for our convention in California. We respected the definition of ‘family’ that worked for people, where they found their support, their loving system, and their opportunity to raise a family or to be a family.”
As for contributing money to the fight for same-sex marriage at the ballot, the DNC has made no announcement about financial contributions to pro-LGBT forces in states where it’ll be an issue. According to The Advocate, Jeremy Kennedy, campaign manager for the Coalition to Protect All North Carolina Families, had a meeting with DNC officials to ask for help in defeating the anti-gay marriage amendment in North Carolina, but hasn’t heard a response.
The DNC didn’t respond on short notice to the Blade’s request for comment. During an LGBT fundraiser in D.C. in October, DNC chair Debbie Wasserman Schultz told the Washington Blade she’d “certainly consider” spending money to combat anti-gay constitutional amendments.
In a separate interview in January, Wasserman Schultz deferred to the platform committee on whether same-sex marriage will be included in the Democratic Party platform, although she said she’s supports marriage equality.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD

A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor

President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.

Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
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