News
Obama vs. Romney on LGBT issues
Candidate stances on same-sex family rights, military equality, employment and more

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.
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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statement on the issue, made December 2011, is that he doesn’t plan to return to that policy now that the law has been repealed.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.
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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.
State Department
Democracy Forward files FOIA request for State Department bathroom policy records
April 20 memo outlined anti-transgender rule
Democracy Forward on Tuesday filed a Freedom of Information Act request for records on the State Department’s new bathroom policy.
A memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms” that the State Department issued on April 20 notes employees can no longer use bathrooms that correspond with their gender identity.
“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal, a conservative news website that first reported on the memo. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”
President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”
Democracy Forward’s FOIA request that the Washington Blade exclusively obtained on Tuesday is specifically seeking a copy of the memo that details the State Department’s new bathroom policy. Democracy Forward has also requested “all” memo-specific communications between the State Department’s Bureau of Global Public Affairs and the Daily Signal from April 1-21.
Federal Government
House Republicans push nationwide ‘Don’t Say Gay’ bill
Measures would restrict federal funding for LGBTQ-affirming schools
Republicans have been gaining ground in reshaping education policy to be less inclusive toward LGBTQ students at the state level, and now they are turning their focus to Capitol Hill.
Some GOP lawmakers are pushing for a nationwide “Don’t Say Gay” bill, doubling down on their commitment to being the party of “traditional family values” by excluding anyone who does not identify with their sex at birth.
The largest anti-LGBTQ education legislation to reach the House chamber is House Bill 2616 — the Parental Rights Over the Education and Care of Their Kids Act, or the PROTECT Kids Act. The PROTECT Kids Act, proposed by U.S. Rep. Tim Walberg (R-Mich.), and co-sponsored by U.S. Reps. Burgess Owens (R-Utah), Mary Miller (R-Ill.), Robert Onder (R-Mo.), and Kevin Kiley (R-Calif.), would require any public elementary and middle schools that receive federal funding to require parental consent to change a child’s gender expression in school.
The bill, which was discussed during Tuesday’s House Rules Committee hearing, would specifically require any schools that get federal money from the Elementary and Secondary Education Act of 1965 — which was created to minimize financial discrepancies in education for low-income students — to get parental approval before identifying any child’s gender identity as anything other than what was provided to the school initially. This includes getting approval before allowing children to use their preferred locker room or bathroom.
It reads that any school receiving this funding “shall obtain parental consent before changing a covered student’s (1) gender markers, pronouns, or preferred name on any school form; or (2) sex-based accommodations, including locker rooms or bathrooms.”
LGBTQ rights advocates have criticized both national and state efforts to require parental permission to use a child’s preferred gender identity, as it raises issues of at-home safety — especially if the home is not LGBTQ-affirming — and could lead to the outing of transgender or gender-curious students.
A follow-up bill, HB 2617, proposed by Owens, one of the bill’s co-sponsors, prevents the use of federal funding to “advance concepts related to gender ideology,” using the definition from President Donald Trump’s 2025 Executive Order 14168, making that an enshrined definition in law of sex rather than just by executive order. There is also a bill making its way through the senate with the same text— Senate Bill 2251.
Advocates have also criticized this follow-up legislation, as it would restrict school staff — including teachers and counselors — from acknowledging trans students’ identities or providing any support. They have said that this kind of isolation can worsen mental health outcomes for LGBTQ youth and allows for education to be politicized rather than being based in reality.
David Stacy, the Human Rights Campaign’s vice president of government affairs, called this legislation out for using LGBTQ children as political pawns in an ideology fight — one that could greatly harm the safety of these children if passed.
“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said in a statement. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. H.R. 2616 does not protect children. It targets them. This bill is cruel, and we’re prepared to fight it.”
This is similar to Florida House Bills 1557 and 1069, referred to as the “Don’t Say Gay” bill and “Don’t Say They” bill, respectively, restricting classroom discussions on sexual orientation and gender identity, prohibiting the use of pronouns consistent with one’s gender identity, expanding book banning procedures, and censoring health curriculum.
The American Civil Liberties Union is tracking 233 bills related to restricting student and educator rights in the U.S.
Botswana’s government has repealed a provision of its colonial-era penal code that criminalized consensual same-sex sexual relations.
The country’s High Court in 2019 struck down the provision. The Batswana government in 2022 said it would abide by the ruling after country’s Court of Appeals upheld it.
The government on March 26 announced the repeal of the penal code’s “unnatural offenses” section that specifically referenced any person who “has carnal knowledge of any person against the order of nature” and “permits any other person to have carnal knowledge of him or her against the order of nature.”
Lesbians, Gays and Bisexuals of Botswana, a Batswana advocacy group known by the acronym LEGABIBO, challenged the criminalization law with the support of the Southern Africa Litigation Center. LEGABIBO in a statement it posted to its Facebook on April 25 welcomed the repeal.
“For many, these provisions were not just words on paper — they were lived realities,” said LEGABIBO. “They affected access to healthcare, safety, employment, and the freedom to love and exist openly.”
“LEGABIBO believes that the deletion of these sections is a necessary and long-overdue step toward restoring dignity and aligning our legal framework with constitutional values of equality and human rights,” it added. “It is a clear message that LGBTIQ+ persons are not criminals, and that their lives and relationships deserve protection, not punishment.”
LEGABIBO further stressed that “while this does not erase the harm of the past, it creates space for healing, inclusion, and continued progress toward full equality.”
