National
White House still says marriage not a federal issue
Despite inaugural speech, Carney says Obama wants decision left to the states
White House Press Secretary Jay Carney (Blade file photo by Michael Key)
White House Press Secretary Jay Carney maintained on Tuesday that President Obama’s LGBT remarks in his inaugural speech weren’t an attempt to nationalize the issue of marriage.
“The President believes that it’s an issue that should be addressed by the states,” Carney said in response to a question from Politico’s Reid Epstein.
Mainstream media outlets asked Carney several questions to clarify Obama’s views on marriage because of the LGBT references he made in his inaugural address, which included an assertion that “our gay brothers and sisters” should be treated equally under the law “for if we are truly created equal, then surely the love we commit to one another must be equal as well.”
NBC News’ Kristen Welker was first to ask whether the remarks — which suggested a national call to support marriage equality — represent a shift in Obama’s way of thinking from his previous position that marriage should be left to the states and not handled at the federal level.
“The President’s position on this has been clear in terms of his personal views,” Carney replied. “He believes that individuals who love each other should not be barred from marriage. He talks about this not about religious sacraments, but civil marriage. And that continues to inform his beliefs. We have taken position on various efforts to restrict the rights of Americans, which he generally thinks is a bad idea.”
Carney indicated that Obama believes Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, is unconstitutional based on the belief that the federal government shouldn’t be involved in marriage.
“One of the reasons why we believe that Section 3 of DOMA is not constitutional is because we should not be addressing it in that way,” Carney said.
Pressed by NBC News on whether the remarks mean the Obama administration will participate in litigation before the Supreme Court challenging California’s Proposition 8, Carney provided no updates beyond his earlier stated non-anwers. The Justice Department has until Feb. 28 to file a friend-of-the-court brief in the lawsuit.
“Well, as you know, the administration is not party to that case and I have nothing more for you on that,” Carney said. “We have, as you, know through the Department of Justice taken an active role in DOMA cases, which is why I can tell you the things I told you about that. But on this [Prop] 8 case, we’re not involved.”
Carney more clearly articulated that Obama believe marriage is a state issue, not a federal issue, in a response a follow-up question from Politico before reiterating other tenets of Obama’s belief on marriage.
“As you know, and I can make it clear, the President’s personal view is that it’s wrong to prevent couples who are in loving, committed relationships and want to marry from doing so,” Carney said. “The values that the President cares most deeply about are how we treat one another, and respect one another. For him, it just boils down to treating others the way that we would want to be treated ourselves and the President has made it absolutely clear that his views are about civil marriage, as I said, not religious sacraments.”
The White House clarification is consistent with the views Obama expressed on marriage just before Election Day in an MTV interview when he said, “There’s some other states that are still having that debate, I think for us to try to legislate federally into this area is probably the wrong way to go.”
Earlier during the briefing, Carney also expanded on Obama’s position on LGBT rights in response to a question from Fox News’ Ed Henry, who noted the White House seemed to be breaking up the speech to please certain constituency groups while asking if the White House could produce more specifics on a plan for climate change.
“He will build on the progress that was made in achieving equality for LGBT Americans,” Carney said. “Again that is not a proposition that he believes should be embraced only by one political party or faction of the country because there’s a link here between the March on Washington, and Seneca Falls and Stonewall. The pursuit of our equal rights is one that Democrats and Republicans have worked on together.”
A brief transcript of the exchange between reporters and Carney follows.
NBC News: Also, yesterday during the inaugural address the President said “Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law.” As the President has said that same-sex marriage is an issue that should be worked out at the state level, does this suggest that he now believes that it should be worked out at the federal level?
Jay Carney: The President’s position on this has been clear in terms of his personal views. He believes that individuals who love each other should not be barred from marriage. He talks about this not about religious sacraments, but civil marriage. And that continues to inform his beliefs. We have taken position on various efforts to restrict the rights of Americans, which he generally thinks is a bad idea. And you know his position on Section 3 of DOMA, but the overall principle that we should not discriminate or treat differently LGBT Americans is one that he believes in deeply.
NBC News: But is it something that should be litigated at the federal level?
Carney: One of the reasons why we believe that Section 3 of DOMA is not constitutional is because we should not addressing be it in that way.
NBC News: What about Proposition 8? Will he now actively move to oppose Proposition 8 now that the Supreme Court has —
Carney: Well, as you know, the administration is not party to that case and I have nothing more for you on that. We have, as you, know through the Department of Justice taken an active role in DOMA cases, which is why I can tell you the things I told you about that. But on this Section 8 case, we’re not involved.
…
Politico: Does the President believe that gay marriage should be a state issue or a federal issue?
Carney: I think I addressed that. The President believes that it’s an issue that should be addressed by the states.
As you know, and I can make it clear, the president’s personal view is that it’s wrong to prevent couples who are in loving, committed relationships and want to marry from doing so. The values that the President cares most deeply about are how we treat one another, and respect one another. For him, it just boils down to treating others the way that we would want to be treated ourselves and the President has made it absolutely clear that his views are about civil marriage, as I said, not religious sacraments.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD
A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor
President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.
Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
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