Politics
How will Obama handle National Guard units disobeying fed’l directive?
4 states refusing order to process spousal benefits for gay troops
President Obama (right) could follow Presidents Kennedy and Eisenhower, who both federalized National Guard units. (Photos of Dwight D. Eisenhower and John F. Kennedy public domain. Washington Blade photo of Barack Obama by Michael Key).
As National Guard units in several states refuse to process spousal benefit applications for troops in same-sex marriages, one advocate says there’s a unique — yet unlikely — solution: President Obama could federalize the state units.
Ret. Lt. Col. Chris Rowzee, spokesperson on National Guard affairs for the American Military Partner Association, raised the possibility of federalizing the National Guard units to ensure states offer spousal benefits to gay troops.
“This would be an extreme example, but they could … federalize the troops, and in that case, the state governor would have zero say over what the guard unit then does,” Rowzee said. “We certainly hope that it doesn’t come to something like that. We hope that the governors of these states recognize that the right thing to do for these guardsman and these families is to give them support and the entitlements to which they are entitled.”
Rowzee added she’s not calling for Obama to take control of the National Guard units, but noted she wants some kind of response from the Obama administration.
At least four states — Texas, Oklahoma, Mississippi and Louisiana — are refusing to give troops in same-sex marriages military IDs for their partners by denying these couples’ applications at state-run facilities. That hampers the couples’ ability to receive health, pension and housing benefits afforded to other service members.
Despite an Aug. 13 directive from Defense Secretary Chuck Hagel saying these benefits should be available nationwide, even in non-marriage equality states, these four states are citing state constitutional amendments banning same-sex marriage as the reason they cannot enroll these couples into the Defense Enrollment Eligibility Reporting System.
The American Military Partners Association has called for a response from the Obama administration to prompt a change from the state National Guards. The more obvious method that has been discussed before is a deprivation of federal funds for these installations as a result of disobeying a federal directive.
Chris Jenks, a former Army judge advocate general and law professor at Southern Methodist University, said federalizing elements of the National Guard and withholding funds are both viable options for Obama.
“Ultimately, if the governors of the four states persist in their order to their state National Guards to not provide benefits to same-sex married guard members, the governors run a risk that the president will federalize those state national guards,” Jenks said. “One hopes it wouldn’t come to that. But if the gay rights movement is the civil rights struggle of our time, it will be interesting to see how far the first African-American president will allow state governors to countermand him.”
In the 1950s, President Eisenhower federalized the Arkansas National Guard when the governor of that state was using it to enforce racial discrimination at Little Rock Central High School. In 1963, President Kennedy took similar action in Alabama to desegregate the University of Alabama.
The situation today, of course, isn’t exactly parallel. Eisenhower and Kennedy federalized the units in Arkansas and Alabama to force integration of schools – not to make the guard units themselves operate in a non-discriminatory manner.
Under the relevant statute, the president would have to declare a national emergency in order to bring the National Guard units of those states under his direct command.
Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization is asking for a federal response to the situation, but does not endorse the idea of federalizing the National Guard units.
“We are urging Secretary Hagel to talk to these state governments about the need to have uniformity and fairness for all service members in accessing the benefits to which they are entitled by law,” Sainz said.
The Obama administration has been quiet on the issue of individual National Guard units resisting the order for nationwide spousal benefits for gay troops.
White House Press Secretary Jay Carney had no immediate answer when the Washington Blade asked if Obama was aware of the issue and believes these units are violating federal policy. Carney deferred to the Pentagon, but also said he could take the question and talk about the issue later. As of last week, the Blade had not received a White House response.
Lt. Cmdr. Nathan Christensen, a Pentagon spokesperson, would only say troops in same-sex marriages are able to enroll at federal installations.
“All Federal Military installations (in Texas, Oklahoma, Mississippi and Louisiana) will issue IDs to all those who provide a valid marriage certificate from a jurisdiction that recognizes same-sex marriage,” Christensen said.
But Rowzee maintained that directing troops to travel to a federal installation isn’t an adequate solution to the problem. For starters, the issue isn’t just enrollment for benefits, but also participation in guard activities like family readiness programs.
“The rationale that they are using to deny giving me the ID cards to begin with is rationale that very easily could be applied to even something as simple at the spouse being given access to the base, being able to drive to the base to pick up her guardsmen from a deployment,” Rowzee said.
Legal experts who spoke with the Blade agreed the decision to refuse to process these applications violates federal law.
SMU’s Jenks said these states are caught between state and federal governments, but are ultimately exceeding their authority.
“I think the state governments have overreached and it’s unfortunate that they are using the National Guard in a politicized fashion, that’s not why the National Guard exists,” Jenks said. “Ultimately these efforts by the states will not be successful.”
One initiative that has emerged as states have begun to withhold these benefits from gay troops is a petition led by the American Civil Liberties Union and the American Military Partner Association calling on the Pentagon to reaffirm that all married military personnel are eligible for these benefits.
Another group that is pursuing action on the issue in Texas is Lambda Legal. Representing Alicia Butler and Judith Chedville, a lesbian military couple denied benefits at Camp Mabry, Lambda sent a letter on Sept. 13 to Texas Military Forces saying current policy “fails its troops and their families.” The letter requests a response in 10 days.
Paul Castillo, staff attorney for Lambda Legal, said he “absolutely” thinks Texas is violating federal law by denying benefits to troops in same-sex marriages.
“The state law does not inhibit the National Guard from completing a federal mission,” Castillo said. “The DEERS system and benefit administration is federally funded along with the personnel operating the system, so there’s no reason for them to discriminate in issuing the spousal IDs and enrolling them in the DEERS system.”
Castillo said Texas confirmed receipt of the letter. Since that time, Castillo said communications between Lambda and the state are ongoing, although he couldn’t elaborate on them.
Whether a lawsuit is in the works by any of these groups remains to be seen. None would rule out the possibility of litigation if nothing changes at these guard units.
For Rowzee, the decision of these guard units to withhold benefits is particularly disappointing in the wake of advancements in marriage equality throughout the country following the Supreme Court decision against the Defense of Marriage Act.
“Do I honestly believe that the governor of Texas will be forever able to defy a DOD directive? No, and I think he knows that,” Rowzee said. “I think he’s using this issue to try to gain political points, and the problem is it harms people in the meantime. It harms our military families.”
The White House
HRC files class action over federal ban on gender-affirming care coverage
Lawsuit filed Monday challenges White House effort to restrict care
The Human Rights Campaign Foundation, the nonprofit sister organization to the largest LGBTQ human rights lobbying and advocacy organization in the U.S., along with law firms Correia & Puth and Cohen Milstein Sellers & Toll, filed a class action lawsuit against the government as it attempts to restrict gender-affirming healthcare for federal employees.
The suit, filed on Monday, alleges that the Office of Personnel Management, run by Trump appointee Scott Kupor, is discriminating against LGBTQ federal employees (and their families and retired employees) by prohibiting health insurance coverage for gender-affirming care under the Federal Employees Health Benefits and Postal Service Health Benefits plans. There are five plaintiffs named in the complaint, but it extends to others who have those healthcare plans.
The document asserts that OPM’s prohibition on coverage for “gender transition” care in the FEHB and PSHB programs violates Title VII, the federal law that prohibits discrimination based on sex, race, color, religion, or national origin.
The policy, which was implemented on Jan. 1 following the 2025 issuing of Program Carrier Letter, mandated that insurance providers in these programs deny any coverage for gender-affirming care. In February, HRC filed a federal complaint with OPM over the change in healthcare policy, which was ultimately passed to the Equal Employment Opportunity Commission for review. That complaint is now an officially filed class action lawsuit in the U.S. District Court for the District of Columbia.
Research from the Williams Institute at UCLA Law, a think tank that collects data and conducts research on issues related to sexual orientation and gender identity, indicates that this policy denying gender-affirming care will impact healthcare access for at least 39,400 current and former federal employees and their dependents.
Human Rights Campaign President Kelley Robinson released a statement following the lawsuit’s filing.
“Our message to the Trump administration is simple: we’ll see you in court,” said Robinson. “Healthcare access should never be weaponized to advance discrimination — and the denial of coverage for critical healthcare based simply on who you are blatantly violates the rights of all of us.”
Gender-affirming care has been under constant attack by the Trump-Vance administration since its return to the White House, despite the practice being considered as extensively evidence-based but also supported by nearly every major medical organization. This type of care is provided to all people—not just transgender people—and includes things such as social affirmation, including using correct names and pronouns and wearing clothing that matches a person’s gender identity; mental health support, such as counseling to reduce depression and anxiety; and, in some cases, medical interventions such as reversible puberty blockers or hormone therapy when deemed medically appropriate.
“Federal employees have been through the wringer with the Trump administration,” said Cathy Harris, partner at Correia & Puth. “We draw the line at blatant discrimination to deny healthcare to our nation’s dedicated civil servants.”
“This odious policy is the latest example of the Trump administration’s obsession with targeting transgender people, using shameful and cruel tactics to threaten their employment, their health, and the well-being of themselves and their families,” Robinson added. “OPM’s actions will not go unchallenged, and we’ll continue to fight so that federal employees and their families receive the dignity they deserve.”
This is not the first time the White House has directly attacked gender-affirming care.
In January 2025, the administration issued Executive Order 14187, titled “Protecting Children from Chemical and Surgical Mutilation.” The order directs federal agencies to restrict gender-affirming medical care — including puberty blockers, hormone therapy, and surgeries — for individuals under the age of 19.
For more information on how to get involved with the lawsuit, visit hrc.org.
Politics
Buttigieg indicates he may run for president in 2028
Former Transportation Secretary was in Biden-Harris administration’s Cabinet
Former Transportation Secretary Pete Buttigieg told a podcaster he is considering throwing his hat in the ring for president once again.
“I don’t know,” Buttigieg told Steven Bartlett, the British host of The Diary of a CEO, the most popular top business and tech podcast on Spotify, which aired Monday. “I think I’m more inclined than not, but there’s so much we don’t know.”
“There’s so much I don’t even know about what’s going to happen this year, let alone … what we need to know later,” he added.
Buttigieg is no stranger to running for the Oval Office.
In 2019, the former South Bend, Ind., mayor was a serious contender in the Democratic primary for the 2020 presidential election but ultimately ended his campaign and endorsed Joe Biden.
In May, an Emerson College Polling survey found Buttigieg at the top of the list of potential presidential contenders, leading California Gov. Gavin Newsom, New York Congresswoman Alexandria Ocasio-Cortez, former Vice President Kamala Harris, and others.
In addition to discussing his future in federal politics, Buttigieg also discussed President Donald Trump’s handling of the Iran war — which reached its 5-month mark two weeks ago — the changing landscape of U.S. jobs due to the rise of artificial intelligence, and the growing national debt, all issues he could face if he ultimately returns to the White House.
Following his 2020 presidential campaign, Buttigieg gained prominence within the Democratic Party, eventually leading to his confirmation as Transportation Secretary. In February 2021, he became the first openly gay Cabinet member to be confirmed by the U.S. Senate.
In addition to his experience as an elected official, the 44-year-old served as a Navy intelligence officer in the reserves from 2009-2017, including a seven-month deployment to Afghanistan in 2014. Buttigieg came out as gay in 2015 and later married his husband, Chasten Glezman, in 2018. The couple now has two children: twins.
Buttigieg also has an extensive educational background.
He graduated from Harvard University with a bachelor’s degree in history and literature and later became a Rhodes Scholar, attending the University of Oxford, where he earned a bachelor’s degree in philosophy, politics, and economics.
This is not the first time Buttigieg has made headlines this year.
In June, he went public about being falsely accused of posing a threat to his children’s safety. An anonymous police report claimed he was a danger to his 4-year-old twins and was not allowed to be with them until after police interviews were conducted.
The police report was later determined to be false. The Washington Blade reached out to the Michigan State Police to ask what course of action, if any, would be taken against the woman who filed the false report, but the agency did not answer the question.
The Blade reached out to Buttigieg’s team for comment on his potential 2028 presidential bid, but did not hear back before publication.
Congress
House blocks effort to codify transgender servicemember ban into law
Lawmakers approved two anti-trans NDAA amendments
The U.S. House of Representatives on Tuesday rejected an amendment to the National Defense Authorization Act that would have codified a ban transgender servicemembers in the military.
The bipartisan vote was 212-217.
The NDAA is for the 2027 fiscal year and sets policies for the Defense Department programs and activities and the national security programs of the Department of Energy.
U.S. Rep. Lauren Boebert (R-Colo.) proposed the amendment on July 21. It stated that all personnel are required to serve in accordance with their biological sex, citing military readiness and discipline.
Human Rights Campaign Senior Director of Government Affairs Jennifer Pike Bailey stated that she is grateful for the bipartisan vote that rejected President Donald Trump and Defense Secretary Pete Hegseth’s “dangerous and discriminatory policy that has kicked brave transgender servicemembers out of the military and weakened our national security.”
“Everyone who meets the same rigorous standards should be able to serve their country. We should honor that patriotism, particularly in this moment where we are witnessing brave servicemembers making the ultimate sacrifice for our country, instead of ending their careers and politicizing their existence. We’re grateful that a permanent extension of this ban failed, and we will keep fighting to reverse this senseless policy,” Bailey said.
Mark Takano, chair of the Congressional Equality Caucus, stated that he and his members put in countless hours of work to kill the amendment.
“When Americans know they or their families are going to be targeted by or not supported by the military, that leads them to avoid signing up to serve or staying in the service — making it harder to keep the ranks of the armed services full and our nation safe. My colleagues in the Equality Caucus and I will continue working to prevent these attacks on our servicemembers and their families from becoming law,” Takano said.
According to the Congressional Equality Caucus, two other bills could potentially be passed that would also target the transgender community, both of which were proposed by U.S. Rep. Nancy Mace (R-S.C.).
The first was a bill that would have prohibited gender-related medical care under TRICARE and to prevent TRICARE from covering certain gender-related medical procedures and treatments, which was approved in a vote of 219-208.
The second was a bill that would have prohibited male participation in female sports at DoDEA schools. DoDEA schools are Department of Defense Dependents Schools, which is a network of primary and secondary schools.
The amendment was approved in a vote of 221-203.
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