National
Still more marriage questions for Carney
W.H. won’t say whether Obama wants marriage in Dem platform or help in state efforts
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.
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.
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

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.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
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.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
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.

