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Obama edging closer to marriage endorsement: source

President reportedly wants to unveil another pro-LGBT initiative

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Barack and Michlle Obama, gay news, gay politics dc

"And let us not forget what their decisions — the impact those decisions will have on our lives for decades to come -– on our privacy and security, on whether we can speak freely, worship openly, and, yes, love whomever we choose," Michelle Obama said, indicating to many LGBT advocates that the administration's "evolution" on same-sex marriage may be in its final stage. (Washington Blade file photo by Michael Key)

The odds are improving that President Obama will endorse marriage equality before the November election, according to an informed source.

The chances that Obama will make such an announcement before the election are looking better than in previous months as the issue receives growing media attention and voters in a handful of states face ballot initiatives this year.

An informed source, who agreed to speak on condition of anonymity, said “active conversations” are taking place between the White House and the campaign about whether Obama should complete his evolution on marriage and that the chances of him making an announcement are about 50-50.

According to the source, the administration would like to unveil another major pro-LGBT initiative before the November election, and an endorsement of marriage equality could fit the bill. But concerns persist on how an endorsement of same-sex marriage would play in four or five battleground states.

“We’re talking about the Michigans, the Ohios, the Illinois of the world; the real battleground states in which voters are already conflicted and may factor this into their judgment,” the source said.

Moreover, the administration may only want to expend political capital on one measure. It could come down to a choice between an endorsement of marriage equality and something else, such as the executive order requiring federal contractors to have LGBT-inclusive non-discrimination policies.

“My feeling is you’ll get one, you won’t get both before Election Day,” the source said. “There is a great timidity in terms of their dealing with the gays, right? In many ways, they kind of consider our issues to be the third rail.”

Supporters of an Obama endorsement were encouraged on Monday when first lady Michelle Obama suggested during a fundraiser in New York that the president would appoint justices to the Supreme Court who would support marriage equality.

“And let us not forget what their decisions — the impact those decisions will have on our lives for decades to come -– on our privacy and security, on whether we can speak freely, worship openly, and, yes, love whomever we choose,” Michelle Obama said.

White House Press Secretary Jay Carney later disputed the notion that those remarks were related to marriage equality and said they were in reference to the president’s position against the Defense of Marriage Act.

“I think, as folks who regularly report on the first lady’s speeches, they’ll know that she has said this before and has for some time, and that is a reference to the president’s position on the Defense of Marriage Act,” Carney said. “The president and first lady firmly believe that gay and lesbian Americans and their families deserve legal protections and the ability to thrive, just like any family does.”

Carney has been asked repeatedly about President Obama’s stance on marriage equality since the president first said he could “evolve” on the issue in response to a question from AMERICAblog’s Joe Sudbay during an interview with progressive bloggers 17 months ago, but the White House hasn’t given any updates.

Shin Inouye, a White House spokesperson, echoed Carney when asked about Obama’s evolving position on same-sex marriage for this article.

“I don’t have any updates for you on that point,” Inouye said. “The president has long believed that gay and lesbian couples deserve the same rights and legal protections as straight couples, including the ability to take care of their families. That’s why he supports the Respect for Marriage Act, which would repeal the so-called Defense of Marriage Act, and has determined that Section 3 of DOMA is unconstitutional and that his administration would no longer defend it in the courts.”

But some advocates are pushing Obama to come out for marriage equality before the election. From a political standpoint, they say Obama has much to gain by coming out for marriage because it would energize the Democratic Party’s progressive base. They say he has little to lose because those who would vote against Obama for supporting same-sex marriage would vote against him anyway.

John Aravosis, editor of AMERICAblog, said an endorsement from Obama of marriage equality would better distinguish him from the Republican presidential candidates, who oppose same-sex marriage.

“It never hurts them with progressives to remind them that Obama is better than Romney on a lot of our issues,” Aravosis said.

Aravosis added that if advocates are successful in their push for including an endorsement of same-sex marriage in the Democratic Party platform when the platform committee convenes in September, the result could create a thorny issue for the president just before Election Day.

“We wouldn’t be having the debate on the Democratic platform and marriage if the president was OK on marriage,” Aravosis said. “Does the president really need marriage to come up as an issue eight weeks before the election? Coming up as a divide between him and the community? I don’t think it helps.”

Evan Wolfson, president of Freedom to Marry, said that coming out for marriage equality would benefit Obama and added that voters won’t be turned off by it because the act would build off his existing support for LGBT rights.

“He’s done many important things in support of gay people’s participating and protection in society, including advancing the marriage cause,” Wolfson said. “He has come out strongly and repeatedly against measures aimed at taking away the freedom to marry, or adding additional layers of discrimination as in state attack measures.”

Further, advocates say Obama is giving cover to Republicans who say their position on marriage is the same as the president’s even though they may hold wildly different views on related issues. Rick Santorum has made that point, even though he was an author of the Federal Marriage Amendment, as has New Jersey Gov. Chris Christie after he vetoed the marriage equality bill in his state.

Sarah Palin expressed the same sentiment via Twitter earlier in the campaign season when Republicans like Santorum were under attack for their position.

“What’s radical & intolerant about Santorum/Romney/Gingrich et al’s position on the definition of marriage?” she said. “It’s the same position as Obama’s.”

Obama is also facing calls to oppose state measures aimed at banning or overturning marriage equality. Voters in a handful of states are expected to face such measures, including in Minnesota, North Carolina,Washington State and Maryland. Meanwhile, voters in Maine will decide whether to legalize marriage at the ballot.

Last week, Cameron French, the North Carolina press secretary for Obama for America, issued a statement to the Raleigh-based News & Observer saying the president “does not support” the anti-gay marriage initiative that will come before voters on May 8 during the state’s primary.

“While the president does not weigh in on every single ballot measure in every state, the record is clear that the president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples,” French said. “That’s what the North Carolina ballot initiative would do — it would single out and discriminate against committed gay and lesbian couples — and that’s why the president does not support it.”

The statement is the strongest that either the White House or the Obama campaign has issued on an anti-gay marriage state ballot initiative. Similar past statements never mentioned the state where a particular ballot initiative was taking place. The White House has repeatedly said the president opposes “divisive and discriminatory efforts” aimed at same-sex couples.

Wolfson said Obama’s lack of support for same-sex marriage allows the anti-gay side in these ballot fights to use the president to advocate for their side, even if the president has denounced the measure.

“Because there’s this one remaining failure to make the case clearly on his part, it allows the opposition to obscure and mislead and hurt us and hurt the president,” Wolfson said.

Nonetheless, some LGBT advocates working in these states say President Obama’s support isn’t necessarily what will decide the issue for voters.

Matt McTighe, director of public education for Gay & Lesbian Advocates & Defenders in Maine and executive board member of the Maine Freedom to Marry Coalition, said efforts in his state are more locally based.

“The more people who come to understand that allowing marriage licenses for all loving, committed couples can benefit all families, the better,” McTighe said. “But it’s not President Obama’s change of heart that will decide the issue here. It’s the voters of Maine.”

Jeremy Kennedy, campaign manager for Protect All NC Families, said he thinks the statement from the campaign was sufficient and doesn’t see a lot of value in Obama coming out for same-sex marriage.

“I think what the president said on Friday specifically on North Carolina was probably more helpful than coming out for same-sex marriage would be for us because this isn’t a same-sex marriage fight here,” Kennedy said. “Regardless of whether this amendment passes or fails, it’s not going to change the state of marriage in North Carolina.”

Kennedy said much of the debate in North Carolina is focused on domestic partnership benefits that will be lost if the amendment passes — including the seven localities that already offer partner benefits to employees.

But national advocates continue to press for an endorsement of marriage equality from the president in addition to seeking his help in defeating anti-gay marriage initiatives at the ballot.

Wolfson said it’s time for Obama to come out for marriage equality regardless of the political fallout that may ensue.

“Americans want their president to show moral leadership and stand up when the freedoms and rights of Americans are at stake,” Wolfson said.

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Federal Government

Two very different views of the State of the Union

As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24. (Washington Blade photo by Michael Key)

As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.

Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.

Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.

But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.

Transgender youth

In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:

“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.

“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.

“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.

“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”

The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.

Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:

“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.

“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.

“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”

For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.

Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.

Immigration and fear

Immigration dominated both events as well.

Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.

Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:

“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”

Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.

Queer leadership

Rep. Robert Garcia (D-Calif.) speaks at the People’s State of the Union on the Mall on Feb. 24. (Photo by Andrei Nasonov)

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.

Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.

“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”

He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.

“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”

Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.

“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”

A boycott — and a warning

The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.

For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.

While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

(Washington Blade photo by Michael Key)
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U.S. Military/Pentagon

4th Circuit rules against discharged service members with HIV

Judges overturned lower court ruling

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The Pentagon (Photo by icholakov/Bigstock)

A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.

The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.

The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.

This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.

The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.

The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.

Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.

In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”

The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.

Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”

“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”

“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”

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New York

Lawsuit to restore Stonewall Pride flag filed

Lambda Legal, Washington Litigation Group brought case in federal court

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The Pride flag in question that once flew at the Stonewall National Monument. (Photo from National Park Service)

Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.

The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.

The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.

“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”

That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.

The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.

The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.

“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”

“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.

“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.

The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.

The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.

In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.

Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.

“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”

The Washington Blade reached out to the NPS for comment, and received no response.

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