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Obama vs. Romney on LGBT issues

Candidate stances on same-sex family rights, military equality, employment and more

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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)

Republican presidential nominee Mitt Romney and President Obama are making their final push in the days before Election Day (Blade file photo by Michael Key)

The Washington Blade breaks down some of the most frequently cited LGBT issues and where each Presidential candidate stands.

MARRIAGE EQUALITY

OBAMA: SUPPORTS

In May, President Obama ended his 19-month “evolution” and expressed his support for marriage rights for gay couples.

ROMNEY: OPPOSES

Mitt Romney has said he opposes same-sex marriage as well as civil unions that offer the same legal benefits of marriage. He’s campaigned on support for a Federal Marriage Amendment, saying states shouldn’t have different rules with respect to marriage.

9 RACES TO WATCH: LGBT CONGRESSIONAL CANDIDATES

DOMA REPEAL

OBAMA: SUPPORTS

Obama endorsed legislation that would repeal the Defense of Marriage Act known as the Respect for Marriage Act. The Obama administration also no longer defends the Defense of Marriage Act in court and has said laws related to sexual orientation should be subjected to heightened scrutiny.

ROMNEY: OPPOSES

Romney supports DOMA and has pledged to resume defending the law in court should he win the White House.

MARRIAGE EQUALITY AT STAKE IN N.H. GUBERNATORIAL RACE

“DON’T ASK, DON’T TELL”

OBAMA: OPPOSES

In 2010, Obama signed legislation to repeal “Don’t Ask, Don’t Tell,” which was lifted from the books nearly a year later following certification. Still, openly transgender service is prohibited and the Pentagon has yet to make administrative changes to afford certain benefits to gay service members with same-sex partners.

ROMNEY: SUPPORTS

Romney once expressed support for “Don’t Ask, Don’t Tell,” but his most recent statement on the issue, made December 2011, is that he doesn’t plan to return to that policy now that the law has been repealed.

UNITING AMERICAN FAMILIES ACT

OBAMA: MOSTLY SUPPORTS

The Obama administration has taken steps to ensure bi-national same-sex couples can stay together in the United States — most recently issuing a memorandum saying foreign nationals without legal status in same-sex relationships should be low priority for deportation cases. The White House has suggested Obama wants to include language for bi-national couples in comprehensive immigration reform. Obama has yet to endorse the Uniting American Families Act, but has expressed support for its general principles.

ROMNEY: UNKNOWN

Romney hasn’t publicly addressed the issue of bi-national same-sex couples, but has said he supports no amnesty for undocumented immigrants and wants to impose a policy where immigrants without legal status will want to self-deport.

HOW ARE LGBT POLITICOS SPENDING ELECTION NIGHT?

EMPLOYMENT NON-DISCRIMINATION ACT

OBAMA: SUPPORTS

Obama is a long-time supporter of ENDA, but the White House said he won’t issue at this time an executive order barring federal contractors from discriminating on the basis of sexual orientation and gender identity.

ROMNEY: UNKNOWN

Romney’s last stated position on ENDA was in 2007 when he said states could implement workplace non-discrimination policies related to sexual orientation, but he doesn’t support federal legislation. He hasn’t addressed the legislation over the course of the 2012 campaign.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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Puerto Rico

The ‘X’ returns to court

1st Circuit hears case over legal recognition of nonbinary Puerto Ricans

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(Photo by Sergei Gnatuk via Bigstock)

Eight months ago, I wrote about this issue at a time when it had not yet reached the judicial level it faces today. Back then, the conversation moved through administrative decisions, public debate, and political resistance. It was unresolved, but it had not yet reached this point.

That has now changed.

Lambda Legal appeared before the 1st U.S. Court of Appeals in Boston, urging the court to uphold a lower court ruling that requires the government of Puerto Rico to issue birth certificates that accurately reflect the identities of nonbinary individuals. The appeal follows a district court decision that found the denial of such recognition to be a violation of the U.S. Constitution.

This marks a turning point. The issue is no longer theoretical. A court has already determined that unequal treatment exists.

The argument presented by the plaintiffs is grounded in Puerto Rico’s own legal framework. Identity birth certificates are not static historical records. They are functional documents used in everyday life. They are required to access employment, education, and essential services. Their purpose is practical, not symbolic.

Within that framework, the exclusion of nonbinary individuals does not stem from a legal limitation. Puerto Rico already allows gender marker corrections on birth certificates for transgender individuals under the precedent established in Arroyo Gonzalez v. Rosselló Nevares. In addition, the current Civil Code recognizes the existence of identity documents that reflect a person’s lived identity beyond the original birth record.

The issue lies in how the law is applied.

Recognition is granted within specific categories, while those who do not identify within that binary structure remain excluded. That exclusion is now at the center of this case.

Lambda Legal’s position is straightforward. Requiring individuals to carry documents that do not reflect who they are forces them into misrepresentation in essential aspects of daily life. This creates practical barriers, exposes them to scrutiny, and places them in a constant state of vulnerability.

The plaintiffs, who were born in Puerto Rico, have made clear that access to accurate identification is not symbolic. It is a basic condition for moving through the world without contradiction imposed by the state.

The fact that this case is now being addressed in the federal court system adds another layer of significance. This is not a pending policy discussion or a legislative proposal. It is a constitutional question. The analysis is not about political preference, but about rights and equal protection under the law.

This case does not exist in isolation.

It unfolds within a broader context in which debates over identity and rights have increasingly been shaped by the growing influence of conservative perspectives in public policy, both in the United States and in Puerto Rico. At the local level, this influence has been reflected in legislative discussions where religious arguments have begun to intersect with decisions that should be grounded in constitutional principles. That intersection creates tension around the separation of church and state and has direct consequences for access to rights.

Recognizing this context is not an attack on faith or religious practice. It is an acknowledgment that when certain perspectives move into the realm of public authority, they can shape outcomes that affect specific communities.

From within Puerto Rico, this is not a distant debate. It is a lived reality. It is present in the difficulty of presenting identification that does not match one’s identity, and in the consequences that follow in workplaces, schools, and government spaces.

The progression of this case introduces the possibility of change within the applicable legal framework. Not because it resolves every tension surrounding the issue, but because it establishes a legal examination of a practice that has long operated under exclusion.

Eight months ago, the conversation centered on ongoing developments. Today, there is already a judicial finding that identifies a violation of rights. What remains is whether that finding will be upheld on appeal.

That process does not guarantee an immediate outcome, but it shifts the ground.

The debate is no longer theoretical.

It is now before the courts.

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