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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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Mitt Romney, Barack Obama, election 2012, Washington Blade, gay news
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statement on the issue, made December 2011, is that he doesn’t plan to return to that policy now that the law has been repealed.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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Maryland

Wes Moore signs HIV decriminalization bill

Md. law named after Carlton Smith

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Maryland Gov. Wes Moore speaks at the 2024 Democratic National Convention in Milwaukee. A bill that he signed on May 20, 2025, will decriminalize HIV in Maryland. (Washington Blade photo by Michael Key)

Maryland Gov. Wes Moore on Tuesday signed a bill that decriminalizes HIV in the state.

State Dels. Kris Fair (D-Frederick County) and Luke Clippinger (D-Baltimore City) are among the lawmakers who sponsored House Bill 39 or the Carlton R. Smith Act, which is named after the long-time activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in May 2024.

Smith was a member of the Coalition to Decriminalize HIV in Maryland that advocated for the bill. FreeState Justice, a statewide LGBTQ rights group, was also part of the coalition.

“At FreeState Justice, we are proud to stand with advocates, health experts, and lawmakers who worked diligently to advance this bill. The bipartisan support for the Carlton R. Smith Act is a testament to the power of education, research, and courageous leadership,” said FreeState Justice Executive Director Phillip Westry in a statement. “It sends a clear message: Maryland is committed to evidence-based policymaking and to ending the criminalization of people living with HIV. We honor the memory of Carlton R. Smith by continuing the work of building a more just, inclusive, and informed society.”

Maryland is the fifth state to decriminalize HIV.

North Dakota Gov. Kelly Armstrong, a Republican, in March signed a bill that decriminalized HIV in his state.

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National

Medical groups file lawsuit over Trump deletion of health information

Crucial datasets included LGBTQ, HIV resources

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HHS Secretary Robert F. Kennedy Jr. is named as a defendant in the lawsuit. (Washington Blade photo by Michael Key)

Nine private medical and public health advocacy organizations, including two from D.C., filed a lawsuit on May 20 in federal court in Seattle challenging what it calls the U.S. Department of Health and Human Services’s illegal deletion of dozens or more of its webpages containing health related information, including HIV information.

The lawsuit, filed in the United States District Court for the Western District of Washington, names as defendants Robert F. Kennedy Jr., secretary of the Department of Health and Human Services (HHS) and HHS itself, and several agencies operating under HHS and its directors, including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Food and Drug Administration.

“This action challenges the widespread deletion of public health resources from federal agencies,” the lawsuit states. “Dozens (if not more) of taxpayer-funded webpages, databases, and other crucial resources have vanished since January 20, 2025, leaving doctors, nurses, researchers, and the public scrambling for information,” it says.

 “These actions have undermined the longstanding, congressionally mandated regime; irreparably harmed Plaintiffs and others who rely on these federal resources; and put the nation’s public health infrastructure in unnecessary jeopardy,” the lawsuit continues.

It adds, “The removal of public health resources was apparently prompted by two recent executive orders – one focused on ‘gender ideology’ and the other targeting diversity, equity, and inclusion (‘DEI’) programs. Defendants implemented these executive orders in a haphazard manner that resulted in the deletion (inadvertent or otherwise) of health-related websites and databases, including information related to pregnancy risks, public health datasets, information about opioid-use disorder, and many other valuable resources.”

 The lawsuit does not mention that it was President Donald Trump who issued the two executive orders in question. 

A White House spokesperson couldn’t immediately be reached for comment on the lawsuit. 

While not mentioning Trump by name, the lawsuit names as defendants in addition to HHS Secretary Robert Kennedy Jr., Matthew Buzzelli, acting director of the Centers for Disease Control and Prevention; Jay Bhattacharya, director of the National Institutes of Health; Martin Makary, commissioner of the Food and Drug Administration; Thomas Engels, administrator of the Health Resources and Services Administration; and Charles Ezell, acting director of the Office of Personnel Management. 

The 44-page lawsuit complaint includes an addendum with a chart showing the titles or descriptions of 49 “affected resource” website pages that it says were deleted because of the executive orders. The chart shows that just four of the sites were restored after initially being deleted.

 Of the 49 sites, 15 addressed LGBTQ-related health issues and six others addressed HIV issues, according to the chart.   

“The unannounced and unprecedented deletion of these federal webpages and datasets came as a shock to the medical and scientific communities, which had come to rely on them to monitor and respond to disease outbreaks, assist physicians and other clinicians in daily care, and inform the public about a wide range of healthcare issues,” the lawsuit states.

 “Health professionals, nonprofit organizations, and state and local authorities used the websites and datasets daily in care for their patients, to provide resources to their communities, and promote public health,” it says. 

Jose Zuniga, president and CEO of the International Association of Providers of AIDS Care (IAPAC), one of the organizations that signed on as a plaintiff in the lawsuit, said in a statement that the deleted information from the HHS websites “includes essential information about LGBTQ+ health, gender and reproductive rights, clinical trial data, Mpox and other vaccine guidance and HIV prevention resources.”

 Zuniga added, “IAPAC champions evidence-based, data-informed HIV responses and we reject ideologically driven efforts that undermine public health and erase marginalized communities.”

Lisa Amore, a spokesperson for Whitman-Walker Health, D.C.’s largest LGBTQ supportive health services provider, also expressed concern about the potential impact of the HHS website deletions.

 “As the region’s leader in HIV care and prevention, Whitman-Walker Health relies on scientific data to help us drive our resources and measure our successes,” Amore said in response to a request for comment from  the Washington Blade. 

“The District of Columbia has made great strides in the fight against HIV,” Amore said. “But the removal of public facing information from the HHS website makes our collective work much harder and will set HIV care and prevention backward,” she said. 

The lawsuit calls on the court to issue a declaratory judgement that the “deletion of public health webpages and resources is unlawful and invalid” and to issue a preliminary or permanent injunction ordering government officials named as defendants in the lawsuit “to restore the public health webpages and resources that have been deleted and to maintain their web domains in accordance with their statutory duties.”

It also calls on the court to require defendant government officials to “file a status report with the Court within twenty-four hours of entry of a preliminary injunction, and at regular intervals, thereafter, confirming compliance with these orders.”

The health organizations that joined the lawsuit as plaintiffs include the Washington State Medical Association, Washington State Nurses Association, Washington Chapter of the American Academy of Pediatrics, Academy Health, Association of Nurses in AIDS Care, Fast-Track Cities Institute, International Association of Providers of AIDS Care, National LGBT Cancer Network, and Vermont Medical Society. 

The Fast-Track Cities Institute and International Association of Providers of AIDS Care are based in D.C.

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Congress

Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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