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Election results bolster state marriage fights

Rhode Island, other states expected to debate issue in 2013

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Barack Obama, Election 2012, gay news, Washington Blade
Barack Obama, Election 2012, gay news, Washington Blade

Polls show President Obama’s same-sex marriage support did not hurt him among voters. (Washington Blade photo by Michael Key)

Same-sex marriage advocates contend the Nov. 6 election results have given them additional momentum to fight for nuptials for gays and lesbians in their respective states.

Ray Sullivan, campaign manager of Marriage Equality Rhode Island, the group fighting for marriage rights for same-sex couples there, noted to the Washington Blade in a post-Election Day interview the General Assembly will have “more pro-equality legislators seated than ever in history” in 2013.

Gay House Speaker Gordon Fox, who sparked controversy in 2011 when he endorsed a civil unions bill because of a lack of support in his chamber for a marriage measure, has pledged to call a vote on a proposal that would allow nuptials for gays and lesbians in the state before the end of January. The Rhode Island chapter of the American Civil Liberties Union noted in May only 52 couples had obtained civil union licenses since the state’s civil union took effect in July 2011.

Gov. Lincoln Chafee signed an executive order earlier this year mandating state agencies to recognize same-sex marriages legally performed in neighboring Massachusetts, Connecticut and other states. He has also publicly backed marriage rights for same-sex couples, even though he reluctantly signed the controversial 2011 civil unions bill into law.

“There is this sense that finally in Rhode Island it’s not a matter of if, but when,” said Sullivan, who noted MERI and other advocates could focus on building additional support for the same-sex marriage bill in the state Senate if it passes in the House. “The results from last Tuesday both here and throughout the country represent quite frankly ground-shifting momentum for the pro-equality effort. Our focus and our jobs will be to capitalize on that momentum, reaffirm the support we already have, work with this record [majority and] finally make 2013 the year that we get this done.”

Voters in Maine, Maryland and Washington on Election Day approved referenda that either extended nuptials to gays and lesbians or upheld their state’s same-sex marriage laws. Minnesotans also rejected a proposed state constitutional amendment that would have defined marriage as between a man and a woman.

Minnesota Gov. Mark Dayton, who supports nuptials for gays and lesbians, is among those who spoke out against Amendment 1.

Delaware Gov. Jack Markell, who signed his state’s civil unions bill into law in May 2011, raised eyebrows in August when he suggested to the Huffington Post state lawmakers could debate a same-sex marriage bill as early as next year.

Garden State Equality Chair Steven Goldstein expressed confidence in a post-Election Day statement New Jersey’s Democratic-controlled state legislature will override Gov. Chris Christie’s veto of the same-sex marriage bill lawmakers approved earlier this year. The state does not have a referendum or initiative process, but Goldstein stressed his group remains opposed to the idea of allowing voters to consider marriage rights for gays and lesbians at the ballot.

“The majority should never vote on the civil rights of a minority, period,” he said.

Same-sex marriage advocates in other states are poised to implement a different strategy.

Basic Rights Oregon has launched an online campaign designed to bolster support for a 2014 ballot measure that would overturn the state’s constitutional amendment that defines marriage as between a man and a woman. Oregon would become the first state in the country to overturn such a ban if voters support the referendum.

“As more and more Americans are having conversations with gay and lesbian friends and family about why marriage matters, they’re coming to realize that this is not a political issue: This is about love, commitment and family,” reads the appeal. “We know that we are on the right path. Our outreach, just like that of the states who [have won] the freedom to marry is winning hearts and minds.”

Rick Sutton, executive director of Equality Indiana Action, which opposes a proposed state constitutional amendment that would ban marriage for same-sex couples that is expected to go before voters in 2014, told the Blade his group has already looked to the campaign that defeated Minnesota’s Amendment 1 for guidance.

“It’s pretty clear to me to win an amendment like that — there’s was very similar to what ours will likely be — you have to have a pretty broad coalition of businesses, faith community, labor, retired folks, the whole gamut,” said Sutton. He noted WellPoint, the Simon Property Group and other Indiana-based corporations have already spoken out against the proposed amendment. “It will be difficult to attract and retain top quality scientists and engineers, particularly younger ones, who just don’t think this is something government should be getting involved with. They’re concerned about their future workforce.”

An ABC News/Washington Post poll released on Nov. 14 indicates 51 percent of Americans support marriage rights for same-sex couples. A Gallup poll conducted shortly after President Obama publicly endorsed marriage rights for same-sex couples noted 60 percent of respondents said his position on the issue would not influence whether they would support or oppose his re-election bid.

“What happened I think with this election is that it’s taken away the argument from our opponents that when legislators are forced to vote to affirm the right of same-sex couples to marriage equality, the popular sentiment is on the opposite side,” Equality Illinois CEO Bernard Cherkasov told the Blade.

Lambda Legal and the ACLU of Illinois on May 30 filed lawsuits against the Cook County Clerk’s office on behalf of 25 same-sex couples. Attorney General Lisa Madigan and Cook County State’s Attorney Anita Alvarez have both said they support the litigation, while Cook County Clerk David Orr and Chicago Mayor Rahm Emanuel are among those who support marriage rights for same-sex couples.

More than 4,800 same-sex couples have taken advantage of the state’s civil unions law since it took effect in July 2011, but Cherkasov said the election results confirm “there’s popular support for marriage equality.”

“Lawmakers should follow suit and actually grant marriage equality to gay and lesbian couples in loving, committed relationships,” he said. “We intend to carry that message to our lawmakers in Illinois.”

Sutton agreed as he discussed Obama’s evolution on the successful same-sex marriage referenda in Maine, Maryland and Washington on Election Day.

“National momentum is there,” he said. “The time has come for the other side to realize where they are. They won’t give up quietly. Their argument never changes. It’s always the same, and we’re ready for that. We’re absolutely ready.”

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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