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Experts debate impact of Obama’s marriage support

Examining social, political and legal implications of announcement

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President Obama’s endorsement of marriage equality last week has been heralded as a milestone that inspired and exhilarated LGBT people throughout the country. Now, the practical implications of his words are being analyzed and debated by supporters.

LGBT advocates and political observers have different views on the social, political and legal ramifications of the announcement as they agreed that Obama becoming the first president to support marriage equality was historic in nature.

Richard Socarides, a gay New York attorney who advised former President Clinton on LGBT issues, said the cultural implications of Obama’s endorsement of same-sex marriage are substantial because it marks “a very positive” turning point on LGBT rights.

“I think having the president on record in favor of this goal is very important, and I think it will help shape the discussion that we’re having as a country about this, and I think it’ll help it in a very positive direction,” Socarides said.

Jeff Krehely of the Center for American Progress (Blade photo by Michael Key)

Jeff Krehely, vice president for LGBT programs at the Center for American Progress, said the social implications of Obama’s announcement are huge because the endorsement triggered conversations and additional support for marriage equality that otherwise wouldn’t have happened.

“That has a huge impact on the country on the issue, and the lives of gay people, too, who hear something that is very clear and very reassuring and very welcomed,” Krehely said.

Krehely noted Obama’s announcement inspired other noteworthy people — ranging from Democratic leaders like Steny Hoyer (D-Md.) and Jim Clyburn (D-S.C.) to celebrities like Will Smith and Jay-Z — to voice their support for marriage equality.

“The president’s leadership matters, and we’re seeing that now in the number of people from a wide variety of backgrounds who are now also coming out with their support of marriage,” Krehely said. “I think more than anything, it has completely mainstreamed the issue.”

Questions remain about how Obama’s endorsement will impact states that are deciding the issue. In as many as four states this fall — Minnesota, Maine, Washington and Maryland — residents will vote on ballot initiatives related to same-sex marriage.

Krehely said Obama’s endorsement should have a positive impact.

“I think the president’s leadership on the issue has definitely mainstreamed it, and created a conversation in a lot of quarters that might not be having this conversation, and, I think, at the end of the day, that’s very good for the state fights and for DOMA repeal in Congress as well,” Krehely said.

During the interview in which he announced his support for same-sex marriage, Obama maintained the issue should be left to the states, saying, “I continue to believe that this is an issue that is gonna be worked out at the local level, because historically, this has not been a federal issue, what’s recognized as a marriage.”

The Obama campaign has previously weighed in against anti-gay marriage ballot initiatives in states like North Carolina and Minnesota. That took place even before the announcement in favor of same-sex marriage because Obama’s previous position was that he was opposed to discriminatory efforts directed at gay couples.

Should the LGBT community expect more Obama involvement in state battles? Will the president’s support for marriage equality mean he’ll speak out for the pro-marriage equality side in Maine, Maryland and Washington State?

These questions aren’t restricted to ballot initiatives, but also future legislative fights on same-sex marriage. In a state like Illinois, which could advance same-sex marriage legislation next year, would the voice of a president who represented the state in the U.S. Senate be helpful?

Krehely said it should be up to state organizations running the campaigns to determine if they want Obama’s voice and reach out to the White House if they deem that helpful, but said it may not be beneficial in some circumstances if they don’t want the president to “parachute” into the fray.

“I think, smartly, the White House could be hugely helpful in those state fights, and they weighed in on a number of the ballot campaigns even before his announcement, so I’m assuming that their appetite for doing that kind of state level work remains, if it’s not growing stronger,” Krehely said.

Socarides said the president should focus on winning the election — as well as picking up Democratic seats in Congress.

“It’s going to fall to us and to organizations in those states to wage successful campaigns in each of those places,” Socarides said. “I suspect that what the president has already done will be helpful, and there may be things he can do along the way, but winning those battles is primarily going to be our responsibility.”

Last week, White House Press Secretary Jay Carney declined to say whether Obama would speak out on legislative and ballot fights over same-sex marriage when asked by a reporter during a press gaggle abroad Air Force One.

“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.”

Another lingering political question is whether Obama’s endorsement of same-sex marriage will benefit or jeopardize his chances for re-election when he goes up against presumptive Republican presidential nominee Mitt Romney, who opposes same-sex marriage.

Backing marriage rights for gay couples may energize progressive and LGBT voters, but it remains to be seen how it will play out in battleground states like Ohio, Pennsylvania and Colorado.

Larry Sabato, a political scientist at the University of Virginia, said he thinks the election will overwhelmingly be decided by the economy, but acknowledged some voters will factor same-sex marriage into their decision.

“Overall, I think the ‘red’ states got redder and the ‘blue’ states got bluer,” Sabato said. “Many Democrats are more committed to Obama as a result, and many Republican evangelical voters, who were unexcited about Romney before this, are now 100 percent committed to him — if only to oust Obama.”

In part because of the marriage issue, Sabato said some states that were once considered battlegrounds — Missouri, North Carolina and Indiana — are now quite likely in Romney’s column, but the decision might help Obama in the battleground states of New Hampshire and Colorado.

But Sabato said he’s basing his calculations on evangelical populations in those states and the money that Obama will likely raise from his announcement in favor of same-sex marriage will benefit him in the election.

“Perhaps Obama’s decision helps him raise many millions more, which are then used for TV ads to persuade swing state voters on the economy,” Sabato said. “The calculus is more complicated than it seems.”

According to a Reuters/Ipsos poll published Tuesday, Obama’s support for marriage equality is helping him and hurting him in equal measure — much like the country’s nearly even split for and against same-sex marriage. Thirty-one percent of Americans have a higher opinion of Obama because of his support while 30 percent view him less favorably, according to the poll.

Richard Socarides (Blade file photo by Michael Key)

Socarides said the president’s endorsement of same-sex marriage will on the whole be positive because it fits well within Obama’s campaign theme of moving the country “forward.”

“He is a forward looking leader who, although deliberative, is willing to stake out policy positions that are forward leaning,” Socarides said. “I think to do otherwise would have really not been helpful. I think that you cannot position yourself as a forward-thinking leader when you have an extremely muddled position on one of the most important policy issues of the day.”

The impact of Obama’s endorsement will also likely be felt in the legal arena. The Justice Department stopped defending the Defense of Marriage Act against challenges in court last year, and Obama said last week that his support of same-sex marriage was his personal view without talking too much about legal implications.

Some legal observers believe Obama’s announcement in favor of same-sex marriage could lead the administration to intervene on behalf of federal marriage equality lawsuits — particularly if that litigation reaches the Supreme Court.

The most high-profile of these cases in support of same-sex marriage is the Perry v. Brown lawsuit challenging California’s Proposition 8 that is pending before the U.S. Ninth Circuit Court of Appeals.

Socarides expressed confidence that the Obama administration would intervene in a marriage equality case that reaches the Supreme Court, saying if the president supports same-sex marriage, it stands to reason marriage rights for gay couples are constitutionally protected.

“I’m optimistic that despite the president’s statement that he thinks the issue will be played out on the state level for a while, given everything that’s come before this, especially the Justice Department’s position in the DOMA cases, that the government will come into these cases at some point and being willing to assert a federal constitutional right to marriage equality,” Socarides said.

By this time next year, Socarides predicted the federal government would be on record in court that it believes the U.S. Constitution guarantees marriage equality and that the government will file friend-of-the-court briefs in those cases.

Douglas NeJaime, who’s gay and a law professor at Loyola Law School, said the Obama administration weighing in on a Supreme Court case wouldn’t necessarily have much impact.

“One could imagine that if a same-sex marriage case like Perry makes it up to the Supreme Court that the administration could weigh in,” NeJaime said. “That would be important, but there’s no reason that that would necessarily happen, nor that it would be particularly influential.”

NeJaime also said Obama’s support for same-sex marriage “has a huge rhetoric” that could influence the arguments of attorneys in court.

“It disables the anti same-sex marriage lawyers to some extent because they’ve been able to use what the president has said as a way to bolster the reasonableness of their position, and now that seems less plausible,” NeJaime said.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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