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White House staying out of Prop 8 litigation

Carney won’t say if Obama wants nat’l ruling in favor of marriage equality

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White House Press Secretary Jay Carney answers questions at the White House daily briefing

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

White House Press Secretary Jay Carney declined to directly answer a question about whether the Obama administration wants the U.S. Supreme Court to take up litigation challenging California’s Proposition 8 or allow a lower court ruling striking down the same-sex marriage ban to stand.

In response to a question from the Washington Blade, Carney deferred to the Justice Department on whether the White House wants the high court to take up the case as a way to obtain a national ruling on same-sex marriage, or, as the plaintiffs have asked, let the ruling from the U.S. Ninth Circuit Court of Appeals stand to allow gay couples in California to marry immediately.

“That’s quite a question and I will ask you to direct it to the Justice Department,” Carney said. “I’m not going to make policy toward Supreme Court cases from here.

Carney also was mum in response to a follow-up question about whether Obama would generally support the idea of the Supreme Court taking up litigation that would institute marriage equality across the country.

Shaking his head “no,”  Carney replied, “I don’t have anything to say on that at this time.”

Nanda Chitre, a spokesperson for the Justice Department, responded to a follow-up inquiry on the Prop 8 lawsuit, saying, “We are not a party to this litigation and would decline further comment.”

Litigation challenging Proposition 8, now known as Hollingsworth v. Perry, has been docketed for the Supreme Court during its conference on Sept. 24. If justices decide to let the lower ruling stand, it would enable same-sex couples to marry in California.

Also docketed next week is one of the cases challenging DOMA, Windsor v. United States. The Justice Department has already asked the high court to take up the Windsor case — as well as other DOMA cases — to enable a national ruling on DOMA’s constitutionality. The Supreme Court may wait for a later conference when briefing for other DOMA cases is done to decide whether to take up cases challenging the constitutionality of the anti-gay law.

Evan Wolfson, president of Freedom to Marry, said in response to the exchange during the press briefing that he’s confident Obama believes in a constitutional right to marriage equality based on the “powerful and heartfelt case for the freedom to marry” that the president delivered in May.

“And I am sure that as president and as a constitutional law scholar, he well understands that the freedom to marry is a constitutional freedom, as recognized in cases such as Loving v. Virginia, which in 1967 ended different-race restrictions on marriage, just as we are today working to end same-sex restrictions on marriage,” Wolfson said. “As Justice Thurgood Marshall later wrote, ‘although Loving arose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals.’ I am confident President Obama understands the Constitution’s clear command, and the work we all must do to pave what we at Freedom to Marry call on our website “the roadmap to victory” in the Supreme Court.”

The American Foundation for Equal Rights, the organization behind the Prop 8 litigation, declined to comment on the Blade’s exchange with Carney.

Washington Blade: There’s going to be a lot of attention on the Supreme Court next week because it will consider whether to take up several pending marriage cases related to both the Defense of Marriage and California’s Proposition 8. The Justice Department has already made its views known on the DOMA cases, but given the president’s previously stated opposition to Prop 8 and his support for marriage equality, does the administration want the Supreme Court to take up the Prop 8 case in hopes of making some national ruling on same-sex marriage, or, as plaintiffs in the case have requested, do you prefer that the court allow the lower court ruling to stand striking down the marriage ban ruling just in California?

Jay Carney: That’s quite a question and I will ask you to direct it to the Justice Department. I’m not going to make policy toward Supreme Court cases from here.

Washington Blade: Generally speaking, though, would the president welcome the Supreme Court taking a case in which they could rule in favor of same-sex marriage across the country?

Carney: Yeah. I don’t have anything to say on that at this time.

UPDATE: This article has been updated to include a response from Evan Wolfson and the response from the Justice Department.

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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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