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DNC 2012: Gay speakers, issues pervade convention

Delegates approve platform backing marriage equality

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San Antonio Mayor Julian Castro dinged Mitt Romney at the Democratic National Convention for his opposition to marriage equality (Blade photo by Michael Key)

CHARLOTTE, N.C. — The first official day of the Democratic National Convention showcased the party’s solidarity with the LGBT community as speakers — including several openly gay Democrats — took to the podium to voice support and delegates approved for the first time a platform that endorses marriage equality.

Capping off the evening were high-profile speeches from San Antonio Mayor Julian Castro, who’s considered a rising star in the Democratic Party and possibly a contender for the next governor of Texas, and first lady Michelle Obama. Both mentioned LGBT rights in their speeches to attendees at the Time Warner Cable Arena.

Castro made a reference to marriage equality when reciting a list of issues supported by Democrats, but opposed by Republican presidential nominee Mitt Romney. The GOP candidate is against same-sex marriage and has endorsed a Federal Marriage Amendment.

“When it comes to getting the middle class back to work, Mitt Romney says, ‘No,'” Castro said. “When it comes to respecting women’s rights, Mitt Romney says, ‘No.’ When it comes to letting people marry whomever they love, Mitt Romney says, ‘No.'”

Castro continued that Romney also says “no” to expanding access to health care for all Americans, but noted Romney originally said “yes” to that — an allusion to the health care reform Romney helped pass into law as the Massachusetts governor. Castro added, “Gov. Romney has undergone an extreme makeover, and it ain’t pretty.”

The San Antonio mayor’s speech was a hit among attendees at the convention, who held up signs reading “Opportunity” and “Oportunidad” as he spoke.

First Lady Michelle Obama (Blade photo by Michael Key)

Michelle Obama delivered a speech that was more personal, emphasizing her husband’s commitment to his family despite her concerns upon taking office about the sacrifices about what being president meant for their two daughters.

“But today, I have none of those worries from four years ago about whether Barack and I were doing what’s best for our girls,” Michelle Obama said. “Because today, I know from experience that if I truly want to leave a better world for my daughters, and all our sons and daughters … then we must work like never before, and we must once again come together and stand together for the man we can trust to keep moving this great country forward, my husband, our president, President Barack Obama.”

Michelle Obama also hit on her husband’s support for LGBT rights during her remarks when she spoke of his commitment to the people of diverse backgrounds, saying “Barack knows the American Dream because he’s lived it — and he wants everyone in this country to have that same opportunity, no matter who we are, or where we’re from, or what we look like, or who we love.”

The first lady’s speech was widely seen as successful. Attendees at the convention held up slim, vertical signs reading, “We love Michelle Obama” and cheered as she spoke.

Jerame Davis, executive director of the National Stonewall Democrats, noted Michelle Obama’s speech when talking about how Tuesday night at the Democratic convention strongly contrasted with “last week’s Republican hate-fest” in Tampa.

“First Lady Michelle Obama was inspirational and gave us a glimpse of the love she has for her family,” Davis said. “She is the heart and soul of the first family and that was on full display tonight.”

In a historic development, the 5,963 delegates to the convention approved a Democratic platform that for the first time includes a plank supporting marriage equality. Language in the platform also rejects the Defense of Marriage Act and affirms support for the Employment Non-Discrimination Act.

New Jersey Mayor Cory Booker, a co-chair of the platform committee, said prior to the final approval the manifesto embodies the principles of the Democratic Party, including the notion that individuals should be able to pursue the American dream regardless of, among other factors, whom they love.

“This platform of big and practical ideas sets forth an emboldened pathway toward the historic hope which has driven generations of Americans forward,” Booker said. “It is our most fundamental national aspiration—that no matter who you are, no matter what your color, creed, how you choose to pray or who you choose to love, that if you are an American — first generation or fifth — one who is willing to work hard, play by the rules and apply your God-given talents—that you should be able to find a job that pays the bills.”

Delegates approved the platform by a loud voice vote when Democratic National Committee Chair and Los Angeles Mayor Antonio Villaraigosa asked for “yays” and “nays” to accept the manifesto. No one was heard voicing objection to the platform when Villaraigosa asked for the “nays.”

In addition to the high-profile speeches at the end of the evening, at least four openly gay speakers were among those delivering remarks from the podium. Democratic National Committee Treasurer Andrew Tobias, Democratic National Convention Committee CEO Stephen Kerrigan and Service Employees International Union Mary Kay Henry and U.S. Rep. Jared Polis (D-Colo.) delivered remarks.

A primetime speaking slot was awarded to Polis, who is slated to become the most senior openly gay member in the lower chamber of Congress upon the start of next year after Reps. Barney Frank (D-Mass.) and Tammy Baldwin (D-Wis.) finish their final terms as U.S. House members.

Rep. Jared Polis (D-Colo.) (Blade photo by Michael Key)

Polis wasn’t shy about talking about his sexual orientation during his speech. He declared he was gay among other things upon taking the stage, saying, “My name is Jared Polis. My great-grandparents were immigrants. I am Jewish. I am gay. I am a father. I am a son. I am an entrepreneur. I am a congressman from Colorado. I am always an optimist. But first and foremost, I am an American.”

The first openly gay parent to serve in Congress, Polis mentioned his partner, Marlon Reis, by name while emphasizing respect for diversity — for people who may identify as LGBT and others who hold views that are either conservative or progressive.

“So tonight, I don’t just ask my fellow Americans to respect my relationship with my partner Marlon and my role as a father to our son,” Polis said. “I also ask them to respect the Christian family concerned about decaying moral values and crass commercialism. I ask them to respect the difficult decision of a single mother to bring a child into this world, because of her heartfelt beliefs.”

Polis mentioned some of Obama’s pro-LGBT initiatives that he said demonstrates the president’s understanding that progress can only be achieved by working together.

“It is why he repealed ‘Don’t Ask, Don’t Tell,’ so that no person is prevented from serving the country they love because of whom they love,” Polis said. “And it is why Barack Obama became the first sitting president in American history to show his personal support for same-sex marriage.”

Democratic National Committee Treasurer Andrew Tobias (Blade photo by Michael Key)

Tobias, who spoke earlier in the day, said his speech marked the fourth time he’s addressed a Democratic National Convention and noted each time he’s made an address he talks about two things: money and equality.

Praising Obama for his work over his first term, Tobias said the administration has “dramatically improved” the lives of millions of LGBT Americans and “at no cost” to anyone else.

Tobias also offered a personal anecdote about being gay as a way to demonstrate the tremendous progress that has been made on LGBT rights in the past few decades.

“In college, I thought I was the only guy in the world who liked other guys,” Tobias said. “Later I found there was someone else like me, our 26-year-old resident tutor. He and I never talked about it at the time. No one talked about being gay back then. People killed themselves over being gay. Tragically, some kids still do.”

Tobias later revealed the identity of that resident tutor, saying he wed another man at a wedding just eight weeks ago, where love that was “unspeakable” nearly a half-century ago was celebrated “by hundreds of people — straight and gay, surfers and senators.”

“In a way, it was a wedding that married my two topics — money and equality — because that young tutor had grown up to become the chairman of the House Financial Services Committee: Barney Frank,” Tobias said.

Kerrigan, who was charged with managing the convention, made no explicit mention of his sexual orientation or LGBT issues during his speech and instead talked about the opportunities at the convention and access through digital media. Neither did SEIU’s Henry, who focused on labor issues while criticizing Romney, saying “Time after time, working families have paid the price for Mitt Romney’s success.”

Gov. Deval Patrick (D-Mass.) (Blade photo by Michael Key)

Many other speakers throughout the evening also hit on LGBT rights as they praised President Obama. They include U.S. Senate candidate Tim Kaine, who said Obama kept his commitment to “fair treatment for LGBT Americans.” Recognition of Obama’s push to end “Don’t Ask, Don’t Tell” came in addition to Polis from Massachusetts Gov. Deval Patrick; platform committee co-chair and first woman to reach the rank of three-star general in the Army, retired Lt. Gen. Claudia Kennedy; U.S. House candidate Tammy Duckworth; Chicago Mayor Rahm Emanuel; Maya Soetoro-Ng, Obama’s sister; and actor and former White House official Kal Penn.

Richard Socarides, a gay delegate from New York City and former adviser to President Clinton on LGBT rights, said the developments at the convention added up to “a historic night” for the LGBT community and “a great night for our party.”

“Our platform plank was adopted plus every speaker seemed so proud to be the party of all America, including us,” Socarides said. “I thought — we are part of this party’s vision of America.”

The pro-LGBT developments came in stark contrast to last week’s Republican National Convention, when no openly speaker was at the podium and speakers advocated for traditional marriage. Delegates in Tampa also approved a platform limiting marriage to one man, one woman and endorsing a Federal Marriage Amendment.

Jimmy LaSalvia, executive director of the gay conservative group GOProud, nonetheless was dismissive of what happened on the first night of the Democratic convention.

“Nothing that they could put in the platform would do anything to cover up President Obama’s disastrous record on jobs and the economy,” LaSalvaia said. “All the openly gay speakers and wonderful feel-good platform language won’t change the fact that, just like everyone else in America, gay people aren’t any better off than they were four years ago.”

Democratic National Convention (Blade photo by Michael Key)

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Federal Government

Two very different views of the State of the Union

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

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

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

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

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

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

Transgender youth

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

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

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

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

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

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

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

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

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

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

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

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

Immigration and fear

Immigration dominated both events as well.

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

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

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

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

Queer leadership

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

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

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

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

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

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

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

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

A boycott — and a warning

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

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

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

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

4th Circuit rules against discharged service members with HIV

Judges overturned lower court ruling

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The Pentagon (Photo by icholakov/Bigstock)

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

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

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

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

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

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

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

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

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

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

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

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

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New York

Lawsuit to restore Stonewall Pride flag filed

Lambda Legal, Washington Litigation Group brought case in federal court

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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