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In reversal, same-sex marriage advocates playing offense

After years of fighting anti-gay forces, has the tide turned?

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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.

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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