National
Still no White House comment on Prop 8 lawsuit
Deadline for DOJ to take action is Feb. 28

White House Press Secretary Jay Carney continues to have no comment on the Prop 8 case (Blade file photo by Michael Key)
White House Press Secretary Jay Carney continues to stay mum on whether the Obama administration will participate before the Feb. 28 deadline in pending litigation before the Supreme Court challenging the constitutionality of California’s Proposition 8.
Asked on Tuesday by NBC News’ Peter Alexander if the White House would “publicly advocate” against Proposition 8 — as well as the right for same-sex couples to have federal benefits precluded under the Defense of Marriage Act — Carney deferred comment to the Justice Department while reiterating the Obama’s previous action against DOMA.
“For comment on specific Supreme Court cases, I would point you to the Department of Justice,” Carney said. “On the issue of DOMA, the Defense of Marriage Act, the administration’s position on this is well known, and has been. And that’s the President has determined that Section 3 of DOMA is unconstitutional and that his administration will no longer defend equal protection challenges against it in the courts, and the DOJ has participated in the DOMA cases consistent with that position and asked the Supreme Court to resolve the question. So that is the DOMA issue.”
Carney had fewer words in regards in the lawsuit against Prop 8, saying, “On Prop 8, the administration is not a party to that case, and I have nothing for you on that.” Pressed for more information by NBC News, Carney reiterated he has no information.
In 2011, the Obama administration stood down from defending DOMA in court. Since that time, the Justice Department has filed legal briefs against the law and sent Justice Department attorneys to litigate against the statute in oral arguments before various federal courts.
The same isn’t true for Prop 8. While President Obama came out for marriage equality last year — and during his 2008 presidential campaign called Prop 8 “unnecessary” — the administration hasn’t yet taken a position on the constitutionality of California’s ban on same-sex marriage, or whether same-sex couples have a constitutional right to marry.
The Justice Department didn’t immediately respond on Tuesday to the Washington Blade’s request for an update whether the Obama administration will participate in the Prop 8 litigation. Like the White House, the Justice Department has previously stated the administration isn’t a party to the case and is withholding comment.
Rick Jacobs, chair of the California progressive grassroots group known as the Courage Campaign, renewed on Tuesday his call for the Obama administration to speak out against the constitutionality of Prop 8. His group has launched an online petition calling for action, which the organization says has more than 15,000 signatures.
“The time has come for the President to put the weight of his Administration behind the Supreme Court’s consideration of Prop 8,” Jacobs said. “The Justices and the nation need to hear from the Executive Branch that it supports the rulings of the district and appellate courts, stating clearly that President Obama and his Administration officially oppose Prop 8.”
On Monday, the Supreme Court announced it would hear oral arguments in the Prop 8 lawsuit, known as Hollingsworth v. Perry, on March 26, and for DOMA lawsuit, known as Windsor v. United States, on March 27. Under the rules of the court, as pointed out by Prop 8 Trial Tracker, the deadline for the Obama administration to submit a friend-of-the-court brief to the Supreme Court against Prop 8 is Feb. 28.
Other LGBT groups — ranging from the Human Rights Campaign to Lambda Legal — have called on the Obama administration to take part in the lawsuit by filing a friend-of-the-court brief against the constitutionality of California’s Proposition 8 and to assert a constitutional right for same-sex couples to marry. Ted Olson, one of the co-counsels in the Prop 8 case, said intervention from the Obama administration would have “great effect” in the lawsuit.
Carney has repeatedly declined to comment on the Prop 8 case. He refused comment when asked by the Washington Blade about it in September, and again days after the Supreme Court in December agreed to take up the constitutionality of the same-sex marriage ban.
In an interview last month with “Time” Magazine, Obama withheld comment on the Prop 8 case, saying “And I think the Prop 8 case, because the briefs are still being written, I should probably be careful about making any specific comments on it.”
The transcript between NBC News and Carney follows:
NBC News: We hear within the last year that the President says he supports gay marriage. He said at that time that that issue would be worked out at the local level. But given the fact that the Supreme Court has now said that it will hear arguments just two months from now in March, should we expect the President to publicly advocate against Proposition 8, and would he also advocate for same-sex couples to have the right to federal benefits?
Jay Carney: Well, let’s be clear about a couple of things. For comment on specific Supreme Court cases, I would point you to the Department of Justice. On the issue of DOMA, the Defense of Marriage Act, the administration’s position on this is well known, and has been. And that’s the President has determined that Section 3 of DOMA is unconstitutional and that his administration will no longer defend equal protection challenges against it in the courts, and the DOJ has participated in the DOMA cases consistent with that position and asked the Supreme Court to resolve the question. So that is the DOMA issue. On Prop 8, the administration is not a party to that case, and I have nothing for you on that.
NBC News: Whether he would seek out —
Carney: Again, I have nothing for you on that.
Federal Government
Trump budget targets ‘gender extremism’
Proposed spending package would target ‘leftist’ political ideologies
The White House submitted its 2027 budget request to Congress last month, outlining a push for the Federal Bureau of Investigation to “proactively” target what it describes as “extremism” related to gender — raising concerns about the potential for law enforcement to target LGBTQ people.
The Trump-Vance administration’s 2027 budget request, submitted to Congress on April 4, proposes a dramatic increase in national security and law enforcement spending, while reducing foreign aid and restructuring multiple domestic security programs. In total, the administration is requesting $2.16 trillion in discretionary budget authority (including mandatory resources), a 15.3 percent increase over the 2026 proposal.
Central to the proposal is the creation of a new “NSPM-7 Joint Mission Center,” a direct follow-up to the September 2025 National Security Presidential Memorandum 7 (NSPM-7). The directive instructs the Justice Department, the FBI, and other national security agencies to combat what the administration defines as “political violence in America,” effectively reshaping the Joint Terrorism Task Force network to focus on “leftist” political ideologies, according to reporting by independent journalist Ken Klippenstein.
The American Civil Liberties Union has characterized NSPM-7 as a way for President Donald Trump to intimidate his political enemies.
In a press release following the memorandum, Hina Shamsi, director of the ACLU’s National Security Project, said, “President Trump has launched yet another effort to investigate and intimidate his critics,” and had described the move as an “intimidation tactic against those standing up for human rights and civil liberties.”
The proposed mission center would include personnel from 10 federal agencies tasked with targeting “domestic terrorists” associated with a wide range of ideologies. Among them is what the administration labels “extremism” related to gender, alongside categories such as “anti-Americanism,” “anti-capitalism,” “anti-Christianity,” and “support for the overthrow of the U.S. government.” The document also cites “hostility toward those who hold traditional American views” on family, religion, and morality — language LGBTQ advocates have increasingly warned could be used to frame queer and transgender rights movements as ideological threats.
The mission center is one component of a proposed $166 million increase in the FBI’s counterterrorism budget.
In total, the FBI would receive $12.5 billion for salaries and expenses under the proposal, a $1.9 billion increase. Planned investments include unmanned aerial systems operations and counter-drone capabilities, counterterrorism efforts, and security preparations for the 2028 Summer Olympics in Los Angeles. The budget also cites 67,000 FBI arrests since Jan. 20, 2026, which it describes as a 197 percent increase from the prior year.
When Congress passed the USA PATRIOT Act in 2001, it also enacted 18 U.S.C. § 2331(5), which defines domestic terrorism as activities involving acts dangerous to human life that violate criminal laws and are intended to intimidate or coerce civilians or influence government policy through violence. That statutory definition has not changed.
However, federal agencies have historically categorized domestic terrorism threats into groups such as racially or ethnically motivated violent extremism, anti-government or anti-authority violent extremism, and other threats, including those tied to bias based on religion, gender, or sexual orientation.
The language in the budget suggests a shift in how those categories are interpreted and applied — particularly by explicitly linking “extremism” to gender and to perceived opposition to “traditional” views — without any corresponding change to federal law. Only Congress has the power to change the definition of domestic terrorism by passing legislation.
The budget document states:
“DT lone offenders will continue to pose significant detection and disruption challenges because of their capacity for independent radicalization to violence, ability to mobilize discretely, and access to firearms. Additionally, in recent years, heinous assassinations and other acts of political violence in the United States have dramatically increased. Commonly, this violent conduct relates to views associated with anti-Americanism, anti-capitalism, and anti-Christianity; support for the overthrow of the U.S. government; extremism on migration, race, and gender; and hostility toward those who hold traditional American views on family, religion, and morality.”
This language echoes earlier actions by the Trump-Vance administration targeting trans people.
On the first day of his second term, President Trump signed Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
The order establishes a strict binary definition of sex and withdraws federal recognition of trans people.
“It is the policy of the United States to recognize two sexes, male and female,” the order states. “‘Sex’ shall refer to an individual’s immutable biological classification as either male or female. ‘Sex’ is not a synonym for and does not include the concept of ‘gender identity.’”
Appropriations committees in both chambers are expected to begin hearings in the coming weeks.
Puerto Rico
The ‘X’ returns to court
1st Circuit hears case over legal recognition of nonbinary Puerto Ricans
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.
National
LGBTQ community explores arming up during heated political times
Interest in gun ownership has increased since Donald Trump returned to office
By JOHN-JOHN WILLIAMS IV | As the child of a father who hunted, Vera Snively shied away from firearms, influenced by her mother’s aversion to guns.
Now, the 18-year-old Westminster electrician goes to the shooting range at least once a month. She owns a rifle and a shotgun, and plans to get a handgun when she turns 21.
“I want to be able to defend my community, especially being in political spaces and queer spaces,” said Snively, a trans woman. “It’s just having that extra line of safety, having that extra peace of mind would be important to me.”
Snively is among what some say is a growing number of LGBTQ gun owners across the United States. Gun rights organizations and advocates say interest in gun ownership appears to have increased in that community since President Donald Trump returned to the White House last year.
The rest of this article can be read on the Baltimore Banner’s website.
