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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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National

Same-sex couples vulnerable to adverse effects of climate change

Williams Institute report based on Census, federal agencies

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Beach erosion in Fire Island Pines, N.Y. (Photo courtesy of Savannah Farrell / Actum)

A new report by the Williams Institute at the UCLA School of Law finds that same-sex couples are at greater risk of experiencing the adverse effects of climate change compared to different-sex couples.

LGBTQ people in same-sex couple households disproportionately live in coastal areas and cities and areas with poorer infrastructure and less access to resources, making them more vulnerable to climate hazards.

Using U.S. Census data and climate risk assessment data from NASA and the Federal Emergency Management Agency, researchers conducted a geographic analysis to assess the climate risk impacting same-sex couples. NASA’s risk assessment focuses on changes to meteorological patterns, infrastructure and built environment, and the presence of at-risk populations. FEMA’s assessment focuses on changes in the occurrence of severe weather events, accounting for at-risk populations, the availability of services, and access to resources.

Results show counties with a higher proportion of same-sex couples are, on average, at increased risk from environmental, infrastructure, and social vulnerabilities due to climate change.

“Given the disparate impact of climate change on LGBTQ populations, climate change policies, including disaster preparedness, response, and recovery plans, must address the specific needs and vulnerabilities facing LGBTQ people,” said study co-author Ari Shaw, senior fellow and director of international programs at the Williams Institute. “Policies should focus on mitigating discriminatory housing and urban development practices, making shelters safe spaces for LGBT people, and ensuring that relief aid reaches displaced LGBTQ individuals and families.”

“Factors underlying the geographic vulnerability are crucial to understanding why same-sex couples are threatened by climate change and whether the findings in our study apply to the broader LGBTQ population,” said study co-author Lindsay Mahowald, research data analyst at the Williams Institute. “More research is needed to examine how disparities in housing, employment, and health care among LGBT people compound the geographic vulnerabilities to climate change.”

Read the report

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Federal Government

Lambda Legal praises Biden-Harris administration’s finalized Title IX regulations

New rules to take effect Aug. 1

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

The Biden-Harris administration’s revised Title IX policy “protects LGBTQ+ students from discrimination and other abuse,” Lambda Legal said in a statement praising the U.S. Department of Education’s issuance of the final rule on Friday.

Slated to take effect on Aug. 1, the new regulations constitute an expansion of the 1972 Title IX civil rights law, which prohibits sex-based discrimination in education programs that receive federal funding.

Pursuant to the U.S. Supreme Court’s ruling in the landmark 2020 Bostock v. Clayton County case, the department’s revised policy clarifies that discrimination on the basis of sexual orientation and gender identity constitutes sex-based discrimination as defined under the law.

“These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights,” Education Secretary Miguel Cardona said during a call with reporters on Thursday.

While the new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, the question is addressed in a separate rule proposed by the agency in April.

The administration’s new policy also reverses some Trump-era Title IX rules governing how schools must respond to reports of sexual harassment and sexual assault, which were widely seen as imbalanced in favor of the accused.

Jennifer Klein, the director of the White House Gender Policy Council, said during Thursday’s call that the department sought to strike a balance with respect to these issues, “reaffirming our longstanding commitment to fundamental fairness.”

“We applaud the Biden administration’s action to rescind the legally unsound, cruel, and dangerous sexual harassment and assault rule of the previous administration,” Lambda Legal Nonbinary and Transgender Rights Project Director Sasha Buchert said in the group’s statement on Friday.

“Today’s rule instead appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity,” she said. “Schools must be places where students can learn and thrive free of harassment, discrimination, and other abuse.”

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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