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 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.
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.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”

