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Obama says Prop 8 brief may apply in other cases

President says administration was compelled to intervene in lawsuit

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Citizens Metal, Barack Obama, gay news, Washington Blade
Citizens Metal, Barack Obama, gay news, Washington Blade

President Obama spoke about the Prop 8 brief on Friday. (Washington Blade photo by Michael Key)

President Obama suggested that the Supreme Court could take the arguments presented in his brief against California’s Proposition 8 as reasoning to overturn bans on same-sex marriage in other states.

In response to questioning from the Chicago Tribune’s Christi Parsons, Obama said his administration has articulated a position that if any state — not just California — has a law withholding rights from same-sex couples, there should be a compelling reason for it in order to withstand constitutional scrutiny.

“Now, the court may decide that if it doesn’t apply in this case, it probably can’t apply in any case,” Obama said. “There’s no good reason for it. If I were on the court, that would probably be the view that I’d put forward. But I’m not a judge, I’m the president. So the basic principle, though, is let’s treat everybody fairly and let’s treat everybody equally. And I think that the brief that’s been presented accurately reflects our views.”

Obama also maintained in his remarks that Solicitor General Donald Verrilli was addressing the issue of Prop 8 in his remarks because that is the question before the court.

“The Solicitor General in his institutional role going before the Supreme Court is obliged to answer the specific question before them.,” Obama said. “And the specific question presented before the court right now is whether Prop 8 and the California law is unconstitutional.”

Richard Socarides, a gay New York advocate who has called on Obama to participate in the Prop 8 lawsuit, said the brief itself coupled with Obama’s remarks demonstrate he’s in favor of marriage equality throughout the country.

“It’s clear from the brief and the president’s comments that he believes in equal marriage rights for every American no matter where you live,” Socarides said. “That’s our goal and his.”

Fred Sainz, vice president of communications at the Human Rights Campaign, said he doesn’t need to review Obama’s comments because the brief already presented an expansive view on marriage equality.

“I don’t need to interpret the president’s words,” Sainz said. “What matters is that the official position of the United States government is now that marriage discrimination is unconstitutional.”

The full transcript of the exchange follows:

CHICAGO TRIBUNE: Mr. President, your administration weighed in yesterday on the Proposition 8 case. A few months ago it looked like you might be averse to doing that, and I just wondered if you could talk a little bit about your deliberations and how your thinking evolved on that. Were there conversations that were important to you? Were there things that you read that influenced your thinking?

PRESIDENT OBAMA: As everybody here knows, last year, upon a long period of reflection, I concluded that we cannot discriminate against same-sex couples when it comes to marriage; that the basic principle that America is founded on — the idea that we’re all created equal — applies to everybody, regardless of sexual orientation, as well as race or gender or religion or ethnicity.

And I think that the same evolution that I’ve gone through is an evolution that the country as a whole has gone through. And I think it is a profoundly positive thing. So that when the Supreme Court essentially called the question by taking this case about California’s law, I didn’t feel like that was something that this administration could avoid. I felt it was important for us to articulate what I believe and what this administration stands for.

And although I do think that we’re seeing, on a state-by-state basis, progress being made — more and more states recognizing same-sex couples and giving them the opportunity to marry and maintain all the benefits of marriage that heterosexual couples do — when the Supreme Court asks, do you think that the California law, which doesn’t provide any rationale for discriminating against same-sex couples other than just the notion that, well, they’re same-sex couples, if the Supreme Court asks me or my Attorney General or Solicitor General, do we think that meets constitutional muster, I felt it was important for us to answer that question honestly — and the answer is no.

TRIBUNE: And given the fact that you do hold that position about gay marriage, I wonder if you thought about just — once you made the decision to weigh in, why not just argue that marriage is a right that should be available to all people of this country?

PRESIDENT OBAMA: Well, that’s an argument that I’ve made personally. The Solicitor General in his institutional role going before the Supreme Court is obliged to answer the specific question before them. And the specific question presented before the Court right now is whether Prop 8 and the California law is unconstitutional.

And what we’ve done is we’ve put forward a basic principle, which is — which applies to all equal protection cases. Whenever a particular group is being discriminated against, the Court asks the question, what’s the rationale for this — and it better be a good reason. And if you don’t have a good reason, we’re going to strike it down.

And what we’ve said is, is that same-sex couples are a group, a class that deserves heightened scrutiny, that the Supreme Court needs to ask the state why it’s doing it. And if the state doesn’t have a good reason, it should be struck down. That’s the core principle as applied to this case.

Now, the Court may decide that if it doesn’t apply in this case, it probably can’t apply in any case. There’s no good reason for it. If I were on the Court, that would probably be the view that I’d put forward. But I’m not a judge, I’m the President. So the basic principle, though, is let’s treat everybody fairly and let’s treat everybody equally. And I think that the brief that’s been presented accurately reflects our views.

Watch the video here (courtesy Think Progress)

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Florida

Key West Pride’s state funding pulled

Republican Fla. Gov. Ron DeSantis signed anti-DEI bill

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(Photo by Miami2you via Bigstock)

Following the passage of anti-DEI legislation in Florida, Key West will no longer receive any state funding for its future Pride events.

In a letter provided to the Key West Business Guild, the LGBTQ visitor and tourism center for the string of islands, a senior assistant county attorney for Monroe County officially said that the organization would no longer receive funding for its ongoing projects as a result of Senate Bill 1134 and House Bill 1001, starting in 2027.

The popular Key West Pride, gay men–leaning Tropical Heat weekend, and Womenfest will no longer receive any state money. This is something that Gay Key West Visitor Center Executive Director Rob Dougherty highlighted will shift how all the largest LGBTQ events in the Keys will be held after this year.

He said that the explanation is solely a result of SB 1134 and HB 1001, which limits the official actions of local governments by “prohibiting counties and municipalities, respectively, from funding or promoting or taking official action as it relates to diversity, equity, and inclusion …”

The legislation is being used to impose restrictions on funding events that exclude — whereas the events’ true purpose is to uplift already marginalized groups.

“Womenfest lost it [funding] because it’s a women’s-only event. Tropical Heat lost it because it’s a men’s-only event … that’s how this is being applied.”

This will not impact anything this year, Dougherty assured the Washington Blade; however, the future is not as certain.

“The law that (Republican Florida) Gov. DeSantis signed does not go into effect until Jan. 1, so for 2026 we’re okay,” Dougherty told the Blade. “But it impacts Key West Pride 2027, it impacts Tropical Heat 2027 and Womenfest — so we have lost all funding for those three events.”

He said that this will amount to a large chunk of the expected funding for the LGBTQ celebrations, which the Key West tourism board says is “internationally known as a gay mecca.”

“We’re due to lose about $200,000. Not all of that is direct, but the way that the Tourist Development Council (TDC) distributes their money, about $75,000 of it is for Key West Pride, and that helps to pay for things like marketing, swag, and other things that promote the event.”

He went on to explain that marketing to many major metropolitan areas with large LGBTQ populations may not see the same Key West advertisements and push as in years past — and that is the point.

“Our digital marketing, our print marketing, our SEO marketing — all of that is paid for through there, and it targets places with direct flights like Washington, D.C., New York, Philly, Atlanta, Dallas. So it’s definitely going to impact that.”

The money that will stop coming is not just to run events and celebrations, he explained. Money that goes back directly into the community is going to be hardest hit.

“An estimated 250,000 LGBTQ+ travelers make it to Key West on an annual basis, and on a very conservative basis, for every LGBTQ+ person there are two to four allies traveling with the same values.”

“The TDC also estimates that $1,500+ is spent per person per visit … so if you take those figures and multiply those all together, it comes up to about $1.2 billion … that is potentially going to be lost.”

He says that this will intrinsically change how Key West’s tourism — especially the large LGBTQ side of it — will run, especially since gay vacations need a foundation and expectation of safety and support to blossom.

“We travel based upon where we feel most welcome,” Dougherty said. “Key West has always been its own little place … the LGBTQ+ history of Key West and everything about Key West has always been a little bit weird for people, and that’s why they come here.”

The Guild was formed in 1978 to encourage summer tourism and support Key West’s gay community — becoming the nation’s first LGBTQ destination marketing organization. It has grown tremendously from its original membership to now include more than 475 enterprises representing virtually every facet of the island’s business community.

He also went on to say that this should be eye-opening for anywhere considered an LGBTQ destination, regardless of whether it is in a blue state or a red one.

“I think it can be a wake-up call across the country, because if it can happen here, it can happen anywhere.”

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Federal Government

DOE investigates Smith College’s trans-inclusive policy

Mass. college accused of violating Title IX

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The Department of Education building in Washington, D.C.

The U.S. Department of Education announced on Monday that it opened an investigation into Smith College for admitting transgender women.

Smith College, a private and famously all-women’s college in Northampton, Mass., established in 1871 and opened in 1875, has a long list of women who make up its historic alumni — including first ladies, influential political figures, and cultural leaders.

The DOE released a statement about the investigation into the institution through the Department’s Office for Civil Rights, saying it was looking into the possibility that Title IX of the Education Amendments of 1972 was violated by allowing trans women, referred to in the statement as “biological males,” into women’s intimate spaces protected by IX.

The statement explicitly highlighted that this stems from trans women being granted “access to women-only spaces, including dormitories, bathrooms, locker rooms, and athletic teams” while also allowing their audience into the school itself.

This is the first time the Trump-Vance administration has taken a step into admissions processes, a stark jump past investigating policies that allowed trans women to participate in women’s sports and use women’s bathrooms, and allows for the administration to go more after trans acceptance policy as a whole.

Smith’s admission policy allows for “any applicants who self-identify as women,” including “cis, trans, and nonbinary women,” according to the college’s website, and has since 2015, when it updated its policy.

“The college is fully committed to its institutional values, including compliance with civil rights laws,” Smith’s statement in response to the DOE’s investigation said. “The college does not comment on pending government investigations.”

“An all-women’s college loses all meaning if it is admitting biological males,” said Assistant Secretary for Civil Rights Kimberly Richey. “Allowing biological males into spaces designed for women raises serious concerns about privacy, fairness, and compliance under federal law. The Trump administration will continue to uphold the law and fight to restore common sense.”

This move continues to align with actions the Trump-Vance administration has taken to curtail LGBTQ — and specifically trans — rights in America, as members of the administration attempt to break down safeguards and protections that have long been used to protect marginalized communities.

Since Trump took office in his second term, there have been significant legal challenges. According to the National LGBTQ+ Bar Association, there are over 35 court cases that have emerged since his second swearing-in that directly relate to the administration’s attempts to minimize the rights and protections of trans Americans — from medical care and educational protections to military policy.

Much of this anti-trans policy direction was outlined beginning in 2022 with the Project 2025 playbook, which Trump officials have used as a guide to scale back protections for LGBTQ people, Black Americans, poor and Indigenous communities, while also increasing costs for lower-income Americans and providing tax cuts to the wealthy and ultra-wealthy. The plans also “erode” Americans’ freedoms and remove crucial checks and balances that have allowed the executive branch to remain in line with the Constitution without becoming too powerful over either the courts or the legislative branch.

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New York

Gay ICE detainee freed after 150 days in detention

Cayman Islands native taken into custody before green card interview

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Allan Marrero, left, and Matthew Marrero (Photo courtesy of Middle Church)

Following nearly half a year in U.S. Immigration and Customs Enforcement detention, Allan Marrero has been released and is back home with his husband in New York.

Marrero spent 150 days in ICE custody, held in multiple detention centers across the U.S. after missing an immigration court hearing while in a rehabilitation program for alcohol addiction — a circumstance widely considered “good cause” for failing to appear.

The Washington Blade first reported on Marrero’s case in March after the Cayman Islands native was detained by ICE officers during what was supposed to be a routine marriage-based green card interview at 26 Federal Plaza in New York City.

Marrero had been married to his husband, Matthew Marrero, for two years at the time of the interview. But almost immediately, the experience turned hostile.

The Rev. Amanda Hambrick Ashcraft, a minister at Middle Church in Manhattan who accompanied the couple to provide spiritual support, later described the process as “dehumanizing” and “barbaric.”

During the interview, it became clear the couple was facing an uphill battle. At one point, when asked how they met, Matthew Marrero instinctively looked over at his husband and was “snapped at” and told not to look at him. As the interview continued, the outlook only grew more grim.

Unaware that he had a prior removal order tied to the missed court date while he was in rehab, Allan Marrero was detained on the spot.

Over the following months, Allan Marrero was transferred through multiple detention facilities, including centers in Arizona and Texas, the Everglades Detention Facility — also known as “Alligator Alcatraz,” which has been described as having “unsanitary inadequate conditions” — and ultimately a detention center in Mississippi.

While in custody, Allan Marrero was denied access to prescription medication and, according to advocates, was psychologically pressured by ICE agents to self-deport rather than remain detained while his legal case proceeded.

Although a judge later reopened his case and granted bond after Allan Marrero provided proof that he had been in rehab — a valid medical reason for missing his court date — ICE used procedural mechanisms to keep him detained. A separate judge later issued a ruling denying relief, leaving Allan Marrero in custody.

On the outside, Matthew Marrero said his life felt as though it had been put on pause so ICE could meet enforcement quotas.

“[It feels like] somebody came in and kidnapped someone close to you and took away all of your control and power,” Matthew Marrero told the Blade on March 7. “You shouldn’t be able to have this much control over somebody’s life, especially if they are trying to do the right thing … You’re not going after criminals, you’re not going after the worst of the worst. You’re trying to fill a quota.”

Alexandra Rizio, Allan Marrero’s attorney with Make the Road New York, a progressive grassroots immigrant-led organization, told the Blade that “there seems to be an underlying element of cruelty baked into not only this administration, but everything.”

“It didn’t have to go down that way,” Rizio continued. “If someone goes in for a green card interview and their marriage interview, and they learn that they have a removal order, what the USCIS officer could have done is say, ‘Look, you have a removal order in your name. You need to go hire an attorney right away to get this taken care of. I can’t adjudicate your green card…’ And if you hire a lawyer, you know, you might be able to get it straightened out. Of course, that’s not what happened. And so ICE, which was in the building, were called and they did arrest Allan.”

The Marreros are scheduled to hold a press conference on Tuesday at Middle Church, where Allan Marrero will speak publicly for the first time about his detention.

For additional information on the press conference please visit middlechurch.org

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