National
Mixed reviews for Obama’s State of the Union address
Speech mentions benefits for gay troops, but no overt call to pass ENDA

President Obama delivered a State of the Union address that included a couple of LGBT references. (Washington Blade file photo by Michael Key)
Speaking before a joint session of Congress on Tuesday evening, President Obama delivered the first State of the Union address of his second term that included one overt reference to gay people in addition to a veiled reference to the LGBT community as he highlighted other initiatives.
Obama’s most explicit gay reference came when he pledged to “do whatever we must” to protect U.S. troops serving the country overseas. At that point, Obama touted the extension of limited partner benefits to gay troops that was announced by the Pentagon a day earlier — possibly alluding to further benefits upon repeal of the Defense of Marriage Act.
“As long as I’m commander in chief, we will do whatever we must to protect those who serve their country abroad, and we will maintain the best military in the world,” Obama said. “We will ensure equal treatment for all service members, and equal treatment for their families — gay and straight.”
Allyson Robinson, executive director of the LGBT military group OutServe-SLDN, said Obama “was very clear” that gay service members and their families should be treated equally — but noted the work isn’t finished.
“To finish the task, the Supreme Court must strike down the so-called Defense of Marriage Act,” Robinson said. “Secretary Panetta’s successor must enact equal opportunity and non-discrimination policies that protect LGBT troops and ensure America’s military can attract and retain America’s best. And outmoded, obsolete policies that bar qualified American patriots who are transgender from military service must be eliminated.”
A less overt — but more forward looking — reference to the LGBT community came at the beginning of his speech when Obama alluded to gay people when talking about removing barriers preventing Americans from joining the middle class “no matter … who you love.”
“It is our generation’s task, then, to reignite the true engine of America’s economic growth,” Obama said. “It is our unfinished task to restore the basic bargain that built this country — the idea that if you work hard and meet your responsibilities, you can get ahead, no matter where you come from, or who you love.”
That remark has been interpreted as a call on Congress to pass employment non-discrimination protections because the absence of such a law is seen as an impediment to LGBT workers reaching economic prosperity. Prior to the address, advocates were hopeful Obama would use the occasion of the State of the Union address to push for passage of the Employment Non-Discrimination Act and pledge to issue an executive order barring federal contractors from engaging in anti-LGBT job bias.
Tico Almeida, president of Freedom to Work, was among those who interpreted the remarks as an allusion “to the need to outlaw workplace discrimination against LGBT Americans” — but called on Obama to take more action.
“First, the president should sign the executive order adding LGBT workplace protections to almost 25 percent of all American jobs,” Almeida said. “Second, he should encourage Senate Majority Leader Harry Reid to keep his three-year-old promise to bring ENDA to a vote on the Senate floor for a long overdue vote.”
Almeida added he wants Obama to “explicitly call on both chambers of Congress to pass ENDA” in another speech sometime before the Senate vote expected this year.
Fred Sainz, vice president of communications for the Human Rights Campaign, took a broader view.
“I think that it’s broader and more significant in that it includes kind of a broad sweep of the inclusion of gay people in the middle class,” Sainz said. “And so, it has everything to do with employment and opportunity and every hope and dream that LGBT have.”
Asked whether the language satisfies his previous call for Obama to lay out plans for the LGBT executive order during the State of the Union, Sainz said he thinks it falls short of that request, but said it’s still significant.
“I don’t think he necessarily speaks to it directly, but I do think that it is further evidence of … mainstreaming of LGBT people in all aspects of American life,” Sainz said.
The LGBT references build off the stronger references that Obama made during his inaugural speech when he invoked the Stonewall riots and said “the love we commit to one another must be equal.” In his three previous State of the Union speeches, Obama has also mentioned the LGBT community and talked about “Don’t Ask, Don’t Tell” repeal.
Obama also made a reference to the global HIV/AIDS epidemic when he talked about the United States pushing to make progress in poorer countries.
The president hit on “realizing the promise of an AIDS-free generation,” then, diverting from his prepared remarks, said it’s “within our reach.” That term was coined by former Secretary of State Hillary Clinton as part of the Obama administration’s pledge to rid the world of the disease.
Kali Lindsey, director of legislative and public affairs for the National Minority AIDS Council, said in a statement Obama’s remarks are a call to action “to make AIDS this century’s polio.”
“This includes continued funding for PEPFAR, the President’s Emergency Plan for AIDS Relief, and the Ryan White HIV/AIDS Program,” Lindsey said. “It also means continued implementation of the Affordable Care Act in a way that meets the needs of those living with and vulnerable to chronic and communicable diseases, like HIV.”
Obama also made an implicit LGBT reference when he called on the House to pass the version of the Violence Against Women Act reauthorization that the Senate had passed on a bipartisan vote just hours earlier. The Senate version of the bill has explicit LGBT language to help LGBT victims of domestic violence.
“Today, the Senate passed the Violence Against Women Act that Joe Biden originally wrote almost 20 years ago,” Obama said. “I urge the House to do the same.”
But an LGBT references was notably left out of Obama’s speech when he talked about the importance of passing comprehensive immigration reform without mentioning the potential separation that bi-national same-sex couples face in the United States.
Instead, Obama talked about “a responsible pathway” to citizenship that includes a background check and learning English and fixing problems in the legal immigration system. Obama included gay couples in the plan he unveiled for reform.
The LGBT grassroots group GetEQUAL expressed disappointment in the State of the Union address.
“As someone who would qualify for the DREAM Act and who is part of a bi-national family, I know first-hand that true comprehensive immigration reform must include LGBTQ families, a fair and just pathway to citizenship, and an end to harsh enforcement that separates families,” said Felipe Sousa-Rodriguez, GetEQUAL’s national field director.
Heather Cronk, GetEQUAL’s managing director, criticized Obama for not committing to signing an executive order prohibiting anti-LGBT job bias for federal contractors — noting he announced other directives, such as one related to cybersecurity. She was among those who protested at the White House on Sunday over the non-discrimination directive.
“He had his pen out today to sign other executive orders — it’s incumbent on the LGBT community to ask why he decided to put that pen away before protecting 25 percent of the American workforce from workplace discrimination,” Cronk said.
Local members of the LGBT community were among the guests during the State of the Union. The White House invited Tracey Hepner, a lesbian Arlington, Va., resident and co-founder of Military Partners and Families Coalition, to sit with first lady Michelle Obama. She’s the spouse of the military’s first openly gay flag officer, Army Brig. Gen. Tammy Smith.
Also in attendance was Kelly Costello, a lesbian Potomac, Md., resident, who was invited by Rep. Jerrold Nadler (D-N.Y.), the sponsor of the Uniting American Families Act. Costello and her Peruvian native spouse Fabiola Morales, who married in Washington, D.C., are a bi-national same-sex couples fighting to stay together in the United States.
LGBT members of Congress praise address
While some advocacy groups were calling on Obama to take more action after the State of the Union address, LGBT lawmakers praised Obama when speaking with the Blade in the U.S. Capitol’s Statuary Hall after the speech.
Lesbian Sen. Tammy Baldwin (D-Wis.) said Obama’s LGBT-inclusiveness builds off the remarks that he gave on LGBT issues during his inaugural address.
“We started on the inaugural address,” Baldwin said. “We talked about the fact that the inclusion was poetic, and sort of weaving into the larger fabric of movements throughout our nation’s history. Today, I was pleased with the power of his language, especially with regard to seeing through the implementation of the repeal of ‘Don’t Ask, Don’t Tell,’ and respecting not only the right to serve, but the right to full recognition for families and service members.”
Rep. Kyrsten Sinema (D-Ariz.), the only openly bisexual member of Congress, said she was pleased with the move to expand benefits for gay troops.
“It’s a no-brainer,” Sinema said. “I think the fact that not only did the Department of Defense take this action, but the president referenced it in his speech shows that there is widespread acceptance. Not only that, but this is not a controversial issue.”
Rep. Mark Takano (D-Calif.), the first openly gay Asian-American in Congress, was seated next to Sinema in the gallery and said they nudged each other when Obama mentioned partner benefits for gay troops.
“I certainly applaud the president for not only mentioning it in his inaugural speech, but he also made a reference to LGBT equality in my first State of the Union,” Takano said. “What a thing that is, so I’m hopeful we’ll move forward in this Congress.”
One member of Congress who wouldn’t speak to the Blade about the State of the Union was anti-gay Rep. Vicky Hartzler (R-Mo.). Asked whether she would provide a comment for the Blade, Hartzler replied, “Ah, that’s OK.”
Erica Deuso will become the first openly transgender mayor in Pennsylvania.
Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.
Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.
Deuso released a statement following her election, noting that “history was made.”
“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”
According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.
Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.
“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.
Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.
Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.
“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”
Deuso will be sworn in as mayor on Jan. 7.
U.S. Supreme Court
LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’
Experts insist Kim Davis case lacks merit
The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.
Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.
She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.
The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.
Loewy began by explaining how the court got to where it is today.
“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”
Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.
“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”
That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.
“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”
She also noted that public opinion on same-sex marriage remains overwhelmingly positive.
“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”
“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”
A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.
“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”
Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.
“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”
She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.
“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”
Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.
“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”
“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.
When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.
“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”
Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:
“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”
He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”
He also addressed members of the LGBTQ community who might be feeling fearful at this moment:
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”
And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.
“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”
Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.
“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.
“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.
“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”
Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:
“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”
U.S. Supreme Court
Supreme Court rules White House can implement anti-trans passport policy
ACLU, Lambda Legal filed lawsuits against directive.
The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.
President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”
The White House only recognizes two genders: male and female.
The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.
A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.
A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)
“This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”
Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.
The Supreme Court ruling is here.
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