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Romney strong in first debate; LGBT issues not addressed

Obama mentions ‘Don’t Ask’ repeal among accomplishments

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President Obama (right) and Mitt Romney are set to square off on domestic issues at next week's debate in Denver (Blade photo by Michael Key)

LGBT issues were virtually absent in the first debate between President Obama and Mitt Romney (Blade file photo by Michael Key)

Republican presidential nominee Mitt Romney turned in a strong performance in his first debate with President Obama Wednesday night, winning the contest according to most pundits and observers.

The 90-minute debate was virtually devoid of LGBT issues as the candidates clashed over broader economic issues and health care reform.

The most direct reference to LGBT issues came from Obama when he mentioned “Don’t Ask, Don’t Tell” repeal as part of a list of his accomplishments that he achieved through bipartisan effort.

Obama said he’ll “take ideas from anybody, Democrat or Republican” to advance the middle class and that strategy is how the administration passed small business tax cuts, enacted three trade agreements and “how we repealed ‘Don’t Ask, Don’t Tell.'”

Lanae Erickson, director of the social policy and politics program for the centrist advocacy group called Third Way, said she was pleased Obama included “Don’t Ask, Don’t Tell” among his bipartisan initiatives.

“Our country has come a long way when the only time an LGBT issue came up in the first presidential debate was as an example of bipartisanship,” Erickson said. “Obama used repealing ‘Don’t Ask, Don’t Tell’ in a list of things he had done to partner with folks across the aisle — it seems like that would have been unthinkable in 2004, or even 2008.”

Romney made an oblique reference to social issues. He talked about the first line of the Declaration of Independence and protecting “religious tolerance and freedom” in the country, which sometimes has been interpreted as code for support of social conservatives.

But the remark was incidental during the debate as moderator Jim Lehrer — whose performance was immediately savaged by critics — avoided social issues and posed questions on the economy, government programs and tax policy. Questions on LGBT issues weren’t raised — nor anything on other social issues, such as women’s rights or immigration.

Among the major points that came up included Romney saying he’d like to keep certain provisions in financial reform legislation known as Dodd-Frank, such as transparency and leverage limits. Romney also reiterated his pledge to repeal health care reform, but said he supports a policy that keeps insurance companies from discriminating against individuals with pre-exisiting conditions.

Obama and Romney also sparred over tax policy. Obama expressed support for tax cuts for the middle class because “we do best when the middle class is doing well” as he accused Romney of backing a policy that consists of tax cuts for the rich. Romney denied the charge, saying he doesn’t support tax cuts that add to the deficit, prompting Obama to quip, “Well, for 18 months he’s been running on this tax plan. And now, five weeks before the election, he’s saying that his big, bold idea is, ‘Never mind.'”

Jerame Davis, executive director of the National Stonewall Democrats, praised Obama for presenting a starkly different economic plan from Romney’s, saying the president went into more detail than the Republican candidate.

“Mitt Romney came to tonight’s debate prepared to take pot shots at President Obama while dodging questions about the specifics of his vague plans,” Davis said. “In contrast, President Obama addressed the American people directly and laid out a vision for the next four years. Romney’s choices — style over substance, attacks over proposals, platitudes over policies — speak to his character and the type of leader he would be.”

Jimmy LaSalvia, executive director of the gay conservative group GOProud, said Romney won the debate because he laid out greater detail in his proposals.

“Tonight was a very good night for Mitt Romney, a very bad night for Barack Obama, and a very good night for those Americans hungry for a new president and a new direction,” LaSalvia said. “Gov. Romney offered a clear contrast to the failed policies of the last four years. While Gov. Romney offered a new direction, President Obama couldn’t defend his record and offered little in the way of a vision for the future.

Romney also criticized Obama for taking $716 billion from Medicare to pay for expenses in other programs and pledged to reinstate those funds if elected president. This criticism, which has come before from the Republican side, has been roundly panned as a distortion — notably from former President Clinton during his speech at the Democratic National Convention — because the administration redirected those funds to close the donut hole under Medicare to provide prescription drugs for seniors.

John Aravosis, who’s gay and editor of AMERICAblog, took issue with what Romney had to say about Medicare, accusing the Republican candidate of being less than truthful.

“I didn’t like the fact that Romney seemed to trot out a lot of lies, particularly the claim that the president is ‘cutting’ Medicare when Romney’s VP, Paul Ryan, put the president’s Medicare proposal in his own budget,” Aravosis said. “But I also found it creepy that Romney kept saying his Medicare plan would exempt current seniors. If the plan is so good, then why not let current seniors ‘enjoy’ it too?”

Following the debate, many observers concluded Romney won. Obama deputy campaign manager Stephanie Cutter admitted to CNN afterward that “Romney absolutely wins the preparation, and he wins the style points” while adding the Republican candidate’s proposed policies aren’t resonating with the American people.

Dan Pinello, who’s gay and a political scientist at the City University of New York, said Romney won the debate, but only by presenting positions that were different from those on which he campaigned previously.

“Romney had the more animated performance in the debate, while Obama was more cautious,” Pinello said. “But Romney appeared to depart from important policy positions he’d taken during the primary campaign, not to mention his departures from Paul Ryan’s budget. So the debate winner was the New Mitt Romney, a person different from the one who had been the Republican nominee prior to Oct. 3. The loser, however, appeared to be the Republican Party’s base.”

R. Clarke Cooper, executive director of the Log Cabin Republicans, attributed the perception that Romney came out on top to the lack of social issues in the debate.

“One thing came through loud and clear tonight, and we hope our fellow Republicans take note: In a domestic debate without divisive and distracting social issues, conservative ideas resonate, moderates and independents listen, and the Republican wins,” Cooper said.

But Lehrer bore the brunt of criticism from observers. The candidates often ignored him and kept talking after he informed them their time had expired and was seen as asking questions that were too general.

Aravosis said he’s “not thrilled” LGBT rights didn’t come up in a debate about domestic policy, although he acknowledged there’s an opportunity for them to come up in subsequent debates, adding of the debate, “Was there a moderator? I didn’t notice.”

Davis also said Lehrer’s “poor moderation overshadowed the night” as well as Romney’s behavior, but blamed the Republican candidate for being unfairly harsh in demanding more time to speak.

“Knowing that Romney bullied a gay teen during prep school helps to explain his churlish behavior at tonight’s debate,” Davis said. “Instead of looking presidential, Romney appeared to be nothing more than a belligerent schoolyard bully.”

The next debate will be between the No. 2 candidates on the tickets — Vice President Joseph Biden and Republican vice presidential nominee Paul Ryan — and will take Oct. 11 in Danville, Ky. Following that, two more presidential debates will take place: a town-hall style debate on domestic and foreign policy in Hempstead, N.Y., on Oct. 16 and a foreign policy debate in Boca Raton, Fla., on Oct. 22.

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Federal Government

Treasury Department has a gay secretary but LGBTQ staff are under siege

Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

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U.S. Treasury Secretary Scott Bessent (Washington Blade photo by Michael Key)

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency. 

Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination. 

“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”

The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”

At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.

But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs. 

Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts. 

“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees. 

“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”

Some ERGs die by formal edict, others by a thousand cuts 

Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”

“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”

One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”

The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.

Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.

“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”

Internal directories scrubbed, gender-neutral restrooms removed

Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”

With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”

Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.

Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.

“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”

LGBTQ staff lack support and work amid a climate of isolation 

The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).

“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”

In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.

“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”

Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”

“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”

The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.

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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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