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Still more marriage questions for Carney

W.H. won’t say whether Obama wants marriage in Dem platform or help in state efforts

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White House Press Secretary Jay Carney (Blade file photo by Michael Key)

White House Press Secretary Jay Carney faced new questions on marriage Thursday in the first time the spokesperson publicly talked to reporters following President Obama’s announcement in support of same-sex marriage.

In a press gaggle abord Air Force One en route to Seattle, Carney declined to answer inquiries on whether Obama wants to see an inclusion of same-sex marriage in the Democratic Party platform, nor would he would say whether Obama will commit to helping with efforts to pass same-sex marriage in states.

Asked whether Obama will move toward having “pro-gay marriage language in the Democratic national platform,” Carney deferred to the Democratic National Committee.

“Well, party platform issues are for the party to decide,” Carney said. “That process is underway, and I refer you to the DNC on the question about the platform.”

Carney similarly dodged in response to a question on whether Obama will be “outspoken when these issues come up in states” deliberating same-sex marriage.

“I’m not going to speculate about what he may say or statements he might issue,” Carney said. “He has on occasion made his position known on actions by individual states, most recently in North Carolina, and I’m sure that continues to be the case. That will continue to be the case.”

Evan Wolfson, president of Freedom to Marry, said in response to Carney’s answer on the Democratic platform that those crafting the document should listen the president’s endorsement of same-sex marriage on Wednesday.

“Freedom to Marry’s call for a freedom to marry plank in the Democratic Party — a call that has won huge support from former party chairs, the convention chair, leaders in Congress, 22 senators, and over 40,000 signers on our online petition — continues full force,” Wolfson said. “The Democratic Party should do what the president did so beautifully yesterday: stand for the freedom to marry.”

Wolfson similarly said the onus is on supporters or marriage equality to advance same-sex marriage throughout the nation in the wake of Obama’s endorsement.

“We know that the president’s strong voice and clear message yesterday will have an enormous and ongoing effect in helping people wrestling with this question rise to fairness,” Wolfson said. “It’s the job of all the rest of us to go out and have the conversations that he described so well as helping change his mind.”

John Aravosis, who’s gay and editor of AMERICAblog, said he’s OK with giving Obama a short break after his endorsement of same-sex marriage, but wants to see further action from the president.

“I’m happy to give the president twenty-four hours of honeymoon before I start demanding he do more on marriage, but I do think the community will expect him, and the party, to follow through on his support of same-sex marriage,” Aravosis said. “And that would mean adding marriage equality to the party platform and speaking out more aggressively against anti-gay measures in the states, including those concerning marriage.”

Carney also took questions on the web video ad the Obama campaign on Thursday hyping Obama’s newfound support of same-sex marriage and criticizing Romney for supporting a Federal Marriage Amendment and not even supporting civil unions.

A transcript of the exchange between reporters and Carney during the gaggle follows:

Q: Jay, today the Obama campaign put out a web video that’s attacking Romney on his stance on rights for same-sex couples. Given that the President just came around on this, on the issue of gay marriage yesterday, doesn’t that seem hypocritical and politically motivated more than anything?

Carney: Well, I would refer you to the campaign to talk about ads or videos that they put out.  The president noted in his interview when it came up yesterday with Robin Roberts of ABC, that his opponent, Governor Romney, has a starkly different view of these issues, and a starkly different view of the policy issues, even prior to the president’s announcement yesterday that he had come to the conclusion that he personally supports same-sex marriage.

Gov. Romney is for an amendment to the U.S. Constitution that would enshrine discrimination into our founding legal document. The president thinks that’s wrong. So their positions were starkly different before yesterday.

Q: The campaign or the president —

Carney: If you want to ask the campaign about its tactics I think you ought to ask the campaign about its tactics. The president was very clear in his interview with Robin Roberts about what his personal beliefs are. The president’s record on these issues of supporting LGBT rights is long and impressive and clear, and he’ll continue to fight to expand and protect the rights of all American citizens.

Q: Can you tell us whom — after he gave his interview, to whom has the president spoken personally, both on the gay advocacy side, and also perhaps on the other side in terms of any religious leaders or people who might want to get an explanation from him about his stance?

Carney:  I don’t have any conversations of the president to read out to you. The president had quite a busy day yesterday, and it continued to be busy after his interview.

Q: And do you suspect that at any point he would just point that out?

Carney: I wouldn’t — I couldn’t predict on that.

Q: Is the president excited to talk about this issue tonight now that he’s going to be doing a fundraiser in California among probably a lot of people who are very supportive of gay marriage? This is sort of the first chance he’ll have to talk about it since revealing his view.

Carney: I think the President has always been clear about his support for LGBT rights and the actions that he’s taken, including repealing “don’t ask, don’t tell”; the fact that he has long opposed the Defense of Marriage Act; the fact that he and the Attorney General, and therefore the administration, have deemed Section 3 of DOMA to be unconstitutional, and therefore the decision not to continue to defend it.

But look, the President’s focus, as I think he also said yesterday in his interview, has been and will continue to be on jobs and the economy.  That’s been the — creating greater security for a middle class in this country that has been under stress for a long time, even predating the Great Recession, has been number-one priority.  It was his number-one priority when he ran for office, for this office, and it has been his priority since he took the oath of office.  And I think you will hear him focus on those issues just as he has — going forward, just as he has in the past.

Q: Will he move to repeal DOMA officially, and have pro-gay marriage language in the Democratic national platform?

Carney: Well, party platform issues are for the party to decide. That process is underway, and I refer you to the DNC on the question about the platform.

The president’s belief that DOMA ought to be repealed is well stated. I’m not aware of the status of the legislative efforts aimed at repeal, but the president certainly supports that and has for quite a long time. I would note that he opposed DOMA back in 1996 and has opposed it ever since.

Q: Why not repeal it?

Carney: He believes it should be repealed.

Q: But why doesn’t he push to repeal to it?

Carney: I said it every time I’ve been asked about the President’s record on the Defense of Marriage Act. I mean, it’s not a “why not” question, it’s a “yes, we know” answer.

Q: Jay, the President is saying that this is a — and the White House is saying this is a states’ issue now. But will the President be outspoken when these issues come up in states about whether they should pass or not?

Carney: I’m not going to speculate about what he may say or statements he might issue. He has on occasion made his position known on actions by individual states, most recently in North Carolina, and I’m sure that continues to be the case. That will continue to be the case.

But I can’t predict when that will take place or with regards to what state issue. The president believes it is a matter for the states. He personally believes that gay and lesbian Americans ought to be able to — who are in committed, loving relationships ought to be able to marry.  But he also — and I think it’s important to note — is respectful of those who disagree. He, after all, traveled some distance to reach this personal decision, and he understands that the whole country has been considering this issue and struggling with it. And we’ve seen a remarkable evolution in the broader public with regards to LGBT rights in general, and specifically with regards to same-sex marriage.

Q: So if he respects people on the other side, why go after Romney?

Carney: You can respect somebody and strongly disagree. And he absolutely disagrees with efforts to — this is the distinction, Jim: He’s respectful of those who don’t agree with him on same-sex marriage. He vehemently disagrees with those who would act to deny Americans’ rights or act to take away rights that have been established in states. And that has been his position for quite a long time.

Q: Could you tell us — did he mention anything this morning at all about how he felt about the announcement yesterday or the impact it’s having so far?

Carney: I’m not going to read out internal discussions, but I think the President was glad to have the opportunity that he had yesterday to speak to the country about his views on this matter and about the journey he’s traveled on it — about the profound importance of equality, about the underlying principle that guided him as he came to this decision.

He cited the Golden Rule and the need to treat others as you would have them treat you.  He spoke about sort of the three areas that affected him as he was dealing with this and thinking about it:  conversations with friends and family and staff members, some of whom are in committed same-sex relationships.  The effect that conversations he had with members of our armed services during the fight to repeal “don’t ask, don’t tell.”  And certainly his observation of and consideration of the various ways that states have been grappling with this issue, which he spoke about during his interview.

And I think those — all of those went into the process for him — a process that was a very personal one, as he discussed yesterday in his interview.

Q: When did the president came to that conclusion? I mean, we know he said to Robin Roberts in their interview that he had already decided to publicly take this position. So did he come to the conclusion weeks ago, months ago? When was that evolution complete?

Carney: I don’t have a specific date for you. Like I said, this was a very — this was not a policy debate within the White House or the administration. This was a personal decision about his personal views. I think it’s fair to say that within the last several months he had come to the decision that he talked about yesterday and had concluded that he wanted to convey his views on this to the American people sometime in the next several weeks or months. It wasn’t going to be this week, but because of the considerable focus on the issue this week, the President decided it might as well be this week.

Q: What effect did your — the grilling you got Monday at the briefing have on his sense of expediting this? Did he say anything to you about it?

Carney: I think — part of my job, and I think it reinforced the fact that this had become an issue that was getting a great deal of attention and focus, but certainly not about me.

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New York

Men convicted of murdering two men in NYC gay bar drugging scheme sentenced

One of the victims, John Umberger, was D.C. political consultant

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(Washington Blade photo by Michael K. Lavers)

A New York judge on Wednesday sentenced three men convicted of killing a D.C. political consultant and another man who they targeted at gay bars in Manhattan.

NBC New York notes a jury in February convicted Jayqwan Hamilton, Jacob Barroso, and Robert DeMaio of murder, robbery, and conspiracy in relation to druggings and robberies that targeted gay bars in Manhattan from March 2021 to June 2022.

John Umberger, a 33-year-old political consultant from D.C., and Julio Ramirez, a 25-year-old social worker, died. Prosecutors said Hamilton, Barroso, and DeMaio targeted three other men at gay bars.

The jury convicted Hamilton and DeMaio of murdering Umberger. State Supreme Court Judge Felicia Mennin sentenced Hamilton and DeMaio to 40 years to life in prison.

Barroso, who was convicted of killing Ramirez, received a 20 years to life sentence.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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U.S. Federal Courts

Federal judge scraps trans-inclusive workplace discrimination protections

Ruling appears to contradict US Supreme Court precedent

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Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas (Screen capture: YouTube)

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas has struck down guidelines by the U.S. Equal Employment Opportunity Commission designed to protect against workplace harassment based on gender identity and sexual orientation.

The EEOC in April 2024 updated its guidelines to comply with the U.S. Supreme Court’s ruling in Bostock v. Clayton County (2020), which determined that discrimination against transgender people constituted sex-based discrimination as proscribed under Title VII of the Civil Rights Act of 1964.

To ensure compliance with the law, the agency recommended that employers honor their employees’ preferred pronouns while granting them access to bathrooms and allowing them to wear dress code-compliant clothing that aligns with their gender identities.

While the the guidelines are not legally binding, Kacsmaryk ruled that their issuance created “mandatory standards” exceeding the EEOC’s statutory authority that were “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

The case, which was brought by the conservative think tank behind Project 2025, the Heritage Foundation, presents the greatest setback for LGBTQ inclusive workplace protections since President Donald Trump’s issuance of an executive order on the first day of his second term directing U.S. federal agencies to recognize only two genders as determined by birth sex.

Last month, top Democrats from both chambers of Congress reintroduced the Equality Act, which would codify LGBTQ-inclusive protections against discrimination into federal law, covering employment as well as areas like housing and jury service.

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