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High hopes for Obama’s second term

LGBT advocates seek continued advances in coming years

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Barack Obama, inauguration, gay news, Washington Blade
Barack Obama, inauguration, gay news, Washington Blade

President Obama will have two swearing-in ceremonies next week for his inauguration. (Public domain photo by Petty Officer 1st Class Chad J. McNeeley, USN)

Amid festivities from one end of Pennsylvania Avenue to the other, President Obama will officially begin his second term on Monday while LGBT advocates have high hopes for the actions he might undertake in the next four years.

There will be two swearing-in ceremonies for Obama. On Sunday, the president will be sworn into office by Chief Justice John Roberts in the Blue Room of the White House, where he’ll place his hand on the Robinson family Bible when he takes the Oath of Office. A public ceremony will take place on Monday at the Capitol Building, where Obama will place his hand on two Bibles: one from President Lincoln, the other from Dr. Martin Luther King, Jr.

Following the public ceremony on Monday, Obama will deliver his inauguration speech before an anticipated crowd of 500,000 to 800,000 people on the National Mall. The inaugural parade will begin at 2:30 p.m. and will proceed down Pennsylvania Avenue from the Capitol to the White House.

The area for non-ticketed viewing is between Fourth Street Northwest and the Washington Monument on the National Mall, which can be entered on Constitution Avenue at 7th, 9th or 12th streets, N.W. and also on Independence Avenue, S.W. at 7th and 12th streets. In addition to the obvious closure of Pennsylvania Avenue, both the Third and 12th Street tunnels will be closed as well as the Memorial Bridge.

Obama begins his second term after noteworthy accomplishments for the LGBT community — including coming out in favor of marriage equality and repealing “Don’t Ask, Don’t Tell” — and expectations remain high for administrative actions to advance LGBT issues in the next few years.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said Obama “got off to really rough start” by taking some controversial actions — such as withholding support for marriage equality and issuing a legal brief in favor of the Defense of Marriage Act that was riddled with anti-gay language — but noted an “increasingly productive tone” by the end of the his term.

“If you look at the very early on rough start and then how far the administration and President Obama came within that four years, it is significant,” Carey said. “To go from in the very first months huge missteps around, in particular marriage, to his last year of this term coming out publicly as the first president in support of our marriages, it’s a huge shift.”

Richard Socarides, a gay New York-based advocate, said Obama “delivered in a major way” during his first term on LGBT issues, but will be expected to build on the progress right away at the start of his second term.

“All indications are that the president has the opportunity to very strongly build on a great first term record,” Socarides said. “Obviously, there was some tension along the way, but people feel good about what he was able to accomplish in the first term. But on the eve of the second term, the big issues are going to come up right away.”

Administrative action is seen as the way forward for many LGBT issues because the Republican-controlled House is expected to block any meaningful legislation from passing Congress.

The requests from the LGBT community are already well-established and many of them must be undertaken within a few weeks after Obama is sworn in for his second term. A list of some of the more prominent requests follows:

• the reaffirmation from defense secretary nominee Chuck Hagel during his Senate confirmation hearings on Jan. 31 that he’ll support LGBT military families and extend partner benefits and non-discrimination protections upon the taking the helm at the Pentagon;

• the filing of a friend-of-the-court brief by the Justice Department before the Supreme Court prior to the Feb. 28 deadline to assert same-sex couples have a fundamental right to marry under the U.S. Constitution as justices consider the constitutionality of California’s Proposition 8;

• signing an executive order prohibiting federal contractors from discriminating on the basis of sexual orientation to continue receiving federal awards, a move that would cover between 400,000 and 600,000 LGBT workers;

• the appointment of LGBT officials to prominent positions in the administration, such as Cabinet-level positions or G-20 ambassadorships — particularly with prominent vacancies at the head of the Commerce Department, Labor Department and Department of the Interior;

• holding in abeyance the marriage-based green card applications of married bi-national same-sex couples to ensure these families aren’t separated before the Supreme Court makes a final determination on the constitutionality of the Defense of Marriage Act.

But Carey cautioned that some of the advances to come may be more low-key internal changes within the administration — such as the inclusion of LGBT questions on the hundreds of federal surveys conducted each year.

“The results for those surveys determine the flow of money and the flow of attention from the federal government to communities around the country,” Carey said. “Currently, our community is basically rendered invisible when it comes to those surveys, which means that our community is not getting the funding for our community-based organizations, for youth services, for any number of services around the country.”

Shin Inouye, a White House spokesperson, responded to calls for continued attention to LGBT issues by noting progress made in the first four years.

“President Obama is proud of the many accomplishments he’s achieved on LGBT equality during his first term, and he looks forward to building on that progress in the months and years to come,” Inouye said.

Already, Obama was faced with a controversy over the choice of an inaugural speaker.  In 2009, Pastor Rick Warren of the California-based Saddleback Church was selected to give the inaugural benediction — and remained in place — despite outcry over his support for Prop 8.

This time around, things are different. Pastor Louie Giglio of the Georgia-based Passion City Church said he would “respectfully withdraw” from the same duties after an anti-gay sermon from the 1990s came to light in which he advocated for widely discredited “ex-gay” therapy and urged Christians to stop the “homosexual lifestyle” from being accepted in society.

In his place, the committee has selected Rev. Luis Leon of the D.C.-based St. John’s Church near the White House, to deliver the benediction. His church, which is often attended by Obama, is known for its pro-LGBT atmosphere. According to The Huffington Post, it has had openly gay, non-celibate priests and a gay bishop in addition to announcing this summer that it would bless same-sex partnerships and ordain transgender priests. Leon also gave the inaugural benediction for President George W. Bush in 2005.

Carey said replacing Giglio as the inaugural pastor — as opposed to allowing Warren to stay on in 2009 while including gay Rev. Gene Robinson at another event hosted by HBO — certainly “feels like” a promising shift in terms of the expectations of tone that will be seen from the Obama administration on LGBT issues over the next four years.

“It feels like it, and I hope that tone continues,” Carey said. “For the inaugural committee and the administration to reverse course on someone they had already publicly announced as a key participant of the swearing-in day, I think, was not only a significant victory for our community, but it absolutely showed that this administration has moved in its understanding that prejudice coming from the inaugural swearing-in podium will not be tolerated in this country.”

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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