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How will Obama handle National Guard units disobeying fed’l directive?

4 states refusing order to process spousal benefits for gay troops

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Barack Obama, gay news, Washington Blade
Dwight D. Eisenhower, John F. Kennedy, Barack Obama, President of the United States of America, Washington Blade, gay news

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.”

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2026 Midterm Elections

Ken Paxton wins Texas Republican primary runoff

LGBTQ rights opponent will face Democrat James Talarico in November

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Texas Attorney General Ken Paxton speaking in 2017. (Washington Blade photo by Michael Key)

Attorney General Ken Paxton won the Republican Senate primary in Texas on Tuesday, ousting incumbent U.S. Sen. John Cornyn.

Paxton won the primary against the four-term incumbent in large part due to President Donald Trump’s endorsement. Despite Cornyn voting with Trump more than 90 percent of the time, political insiders say being supportive isn’t enough to win Trump’s endorsement anymore — Republican candidates need to embrace the full MAGA image, something Paxton has done.

Paxton has served as Texas attorney general since 2015 and, before that, worked as a Texas state representative. He has approached both roles with what LGBTQ activists call a “consistently Anti-LGBTQ+ Record.” Following the landmark U.S. Supreme Court decision in Obergefell v. Hodges — the case that made same-sex marriage the law of the land — Paxton advised Texas county clerks they could refuse marriage licenses to same-sex couples on religious grounds.

His anti-LGBTQ crusade doesn’t stop at fighting against marriage equality.

Paxton has repeatedly demanded medical records for transgender youth in multiple states — including Texas, Georgia, and Washington — in hopes of making the practice illegal. His anti-trans actions go far past medical records. Paxton issued an opinion barring trans Texans from changing the sex on their driver’s licenses and birth certificates, claiming any changes made were “unlawfully altered,” and helped the DOJ reach an agreement with a Texas’s children’s hospital for providing minors gender-affirming care, eventually leading to a 10 million dollar settlement. He also authored a non-legally binding opinion equating gender-affirming healthcare for youth to child abuse.

In addition to his long history of anti-LGBTQ policy in the Lone Star State, Paxton is no stranger to controversy.

Multiple impeachment efforts brought against him in the state House of Representatives for “abuse of office” — with the state Senate later acquitting him — allegations that he used his office to assist large campaign donors, namely Nate Paul, and a widely publicized separation from his wife, state Sen. Angela Paxton, all impacted his run for the U.S. Senate seat — but not enough to keep him from the office.

Lynne Bowman, vice president of campaigns at the Human Rights Campaign, issued a statement following the announcement of Paxton’s primary win.

“Texans have a clear choice this fall, and an opportunity to reject failed policies that hurt all families,” Bowman sent to the Blade via email. “Ken Paxton is so out of step that he has fought to undercut marriage equality and spent time demanding personal medical records for young people who do not even live in Texas, all while becoming the most corrupt politician in America. The more than 2 million Equality Voters in Texas will send him packing.”

Paxton will face off against Democratic hopeful and vocal Trump critic James Talarico in the fall.

Talarico, who won the Democratic primary in April against Congresswoman Jasmine Crockett, has been a vocal supporter of LGBTQ rights, citing his ministry work as the source of his support for the community.

The race for Texas’s Senate seat will be decided on Nov. 3.

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2026 Midterm Elections

Bree Fram’s congressional campaign ends but her fight continues

Former highest-ranking trans military member steps back from Va. congressional race

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Bree Fram (Photo courtesy of Bree Fram)

After being forced to retire, Bree Fram couldn’t stop. Restless even after giving everything she had to make the United States Air Force — and later the Space Force — better in every way she could, Fram quickly turned toward a new mission: public office.

The same tenacity that fueled her rise from Air Force researcher to the highest-ranking openly transgender officer in the United States Armed Forces would eventually carry her onto the campaign trail in Virginia.

Now, after months of campaigning, countless conversations with voters, and abrupt shifts in Virginia’s political landscape, Fram has stepped back from her congressional run.

Fram sat down with the Blade to discuss her decision to step away, what she learned on the campaign trail, and what comes next.

Earlier this month, the Virginia Supreme Court struck down a voter-approved Democratic congressional redistricting plan that likely would have created multiple additional Democratic-leaning seats in the U.S. House. The ruling dramatically altered the district Fram had built her campaign around and left little time for candidates to adjust before voting began.

“That decision really was the end of my campaign, that there was not the chance after that ruling, particularly so late in the game, for me to meaningfully pivot back to a different district and have a conversation with voters with just five weeks to go until early voting started,” Fram said. “I do feel that the will of the people has been ignored over a technicality regarding the date of Election Day.”

For Fram, the ruling was not only politically devastating, but personally frustrating after months spent building relationships with voters and shaping a campaign around the district’s needs.

“What was incredibly disappointing about it was that none of the facts about the case had changed from the beginning of the year until when they made the ruling,” she said.

Still, Fram entered the race with a platform centered on affordability, government accountability, and protecting fundamental rights, pledging “to protect our rights, make opportunity affordable, and build a government that works for the people.”

That message focused heavily on affordability — one of the defining political issues of 2026 — and lowering costs for Virginians across ideological, geographic, and generational divides. Fram said voters responded warmly to that vision, even if it ultimately did not lead to an office in the Rayburn House Office Building on Capitol Hill.

“The experience on the trail was fantastic. As a first-time candidate, you never know what you’re really getting yourself into, but any chance I had to get out there and talk with people was amazing,” Fram said. “I had the opportunity to change folks’ minds about trans people, about people from Northern Virginia.”

One conversation with a rural Virginia voter especially stayed with her.

“I called someone who runs a rural art shop… and he started talking about Democrats messaging on trans issues being such a problem,” Fram recalled. “And I’m like, do you know that you’re talking to one?”

Throughout the campaign, Fram said she often found herself breaking down preconceived notions about both transgender people and military service. The impact of that visibility became especially clear during another interaction on the trail that still stays with her.

“I had a young person, maybe 20 years old, come up to me. I could tell there was something on their mind,” Fram said. “I preempted them by saying ‘If you were about to ask if I’m trans, the answer is yes.’”

The young person, she said, appeared visibly relieved.

“As we made small talk I could tell there was something else he wanted to ask,” Fram continued. “Eventually they got it out– that they think they might be too.”

The moment quickly turned emotional.

“And then I asked, do you need a hug, they leaned in at first and then just hung on for dear life,” she said. “So what it means to our community to have that kind of representation out there, and to hopefully inspire others, was incredibly important.”

For Fram, those moments became some of the most meaningful parts of the campaign.

“My experience, I think, helped just shape what was our strategy,” she said.

The campaign also came at a uniquely difficult moment in Fram’s life. The Human Rights Campaign honored Fram alongside four other transgender military officials during a Jan. 8 event in Washington commemorating the forced retirement of transgender service members following President Donald Trump’s Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which directed the Pentagon to prohibit transgender, nonbinary, and gender-nonconforming people from serving openly in the military.

Even while navigating the fallout from the discriminatory policy that forced her retirement, Fram launched a campaign rooted heavily in direct voter engagement and personal storytelling.

Her decades in the military, she said, fundamentally shaped how she approached campaigning and leadership.

“As an officer, particularly the more senior you become, you get more and more training on ‘what does it mean to match your ends’ ways and means,’” Fram said. “My end goal was get into office … and constantly reassess what it looks like.”

Fram also said her military background informed her progressive politics more than many voters expected.

“My military background was interesting, because I was running as the progressive candidate,” she said. “People think you were in the military, how can you possibly be the progressive person?”

Her answer, she said, often surprised people.

“Well, where did you think I learned this stuff?” Fram said. “No matter who we were at the same rank, no matter what our job was, we all got paid the same. We all had government-provided health care where we never needed to worry about a medical bill.”

For Fram, and those who talked with her on the trail, military service reinforced the idea that good governance allows people to thrive.

“You actually learn a lot about progressive policies and good governance that lets people be their best self in the military,” she said. “We understand that military officers’ oaths don’t expire when their time in uniform does, and I think that resonated with a lot of people, that veterans can be part of the solution in getting us out of the situation that we are in today.”

Before launching her campaign, Fram built one of the most extensive careers of any openly transgender military officer in U.S. history, serving in senior leadership roles across the Air Force, Space Force, and intelligence community.

Most recently, she served as chief of the Requirements Integration Division at Headquarters, Space Force, after previously leading acquisition policy for the Air Force’s space programs. Earlier in her career, she oversaw advanced weapons and cyberspace programs at the Air Force Research Laboratory, managed billions in foreign military sales and intelligence-related operations, worked on Capitol Hill as a legislative fellow, and directed major engineering and national security programs at the National Reconnaissance Office.

Fram also co-led the Department of the Air Force’s LGBTQ+ Initiatives Team and deployed in support of Operation Iraqi Freedom. She holds a master’s degree from the Air Force Institute of Technology and is a distinguished graduate of the Naval War College.

Despite stepping away from the race, Fram said she remains optimistic about the future.

“When I look at the big picture of what we did and how we ran a campaign, that is what I’m most proud of,” she said. “It really is the strategy that my team and I were able to craft, the messaging that we were able to share, that was all about connecting our personal story, the story of America to something that says we need a vision of what can be.”

Fram rejected the idea that ending her congressional campaign means ending her public life altogether.

“I can absolutely guarantee that I will not get off the stage. It is just a question of what stage or stages do I jump to,” she said.

She also encouraged LGBTQ people — especially transgender Americans — to stay politically engaged despite increasingly hostile rhetoric and legislation nationwide.

“Just do it,” Fram said. “It is incredibly important to show at every level that people can engage with the political process and make a meaningful difference.”

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Congress

Eight Democrats break with party as House advances ‘Don’t Say Trans’ bill

Measure not expected to pass in Senate

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(Washington Blade photo by Michael Key)

The U.S. House of Representatives passed a federal “Don’t Say Trans” bill on Wednesday, attempting to force teachers to out transgender students nationwide.

The bill, House Resolution 2616, also called the “Stopping Indoctrination and Protecting Kids Act,” would require schools to get parental consent before allowing students to use their preferred, rather than originally assigned, gender markers, pronouns, or preferred name on any school form, and to use any sex-based accommodations, including locker rooms or bathrooms.

The bill amends Section 8526 of the Elementary and Secondary Education Act of 1965, legislation that allows for federal aid to help elementary and secondary education programs — particularly those under its lowest-income Title I-A program — to stop allocating funds to any education that teaches concepts “related to gender ideology.”

This is directly related to Executive Order 14168, also known as the “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” order, one of President Donald Trump’s first executive orders of his second term. It requires the federal government to recognize only sex assigned at birth and dismiss gender identity rather than sex.

The bill was sponsored by U.S. Rep. Tim Walberg (R-Mich.) and passed by a 217-198 margin. The vote fell mostly along party lines; however, eight Democrats voted for its passage. They were U.S. Reps. Henry Cuellar (D-Texas), Donald Davis (D-N.C.), Cleo Fields (D-La.), Laura Gillen (D-N.Y.), Vicente Gonzalez (D-Texas), Marcy Kaptur (D-Ohio), Marie Gluesenkamp Perez (D-Wash.), and Eugene Vindman (D-Va.).

Proponents of the bill argue a child’s gender identity should be directed by parents at home rather than in public schools.

Critics say this is dangerous and will force students to be outed by their teachers to parents — some of whom may not be supportive of their gender identity — which could lead to violence or possibly conversion therapy.

California Congressman Mark Takano, chair of the Congressional Equality Caucus, spoke on the House floor while the bill was being debated. 

“Republicans claim to be the party of small government, but they have no problem bringing the full force of the federal government down against children. The GOP thinks they can legislate transgender people out of existence with this inhumane Don’t Say Trans bill, but all they’re doing is making life worse for a small minority of already-vulnerable children,” Takano said. “I spent 24 years as an educator where I worked with hundreds of high school students and their parents. Most children go to their parents when they need help or are struggling — including transgender children — but not all parents are accepting. The forced outing provision of this bill puts teachers in an impossible situation by requiring them to out trans kids to their parents in certain situations — even if the teacher knows the student will likely face physical abuse. Students like these are who Republicans want to put in immediate physical danger with this bill.”

The Washington Blade talked to Tyler Hack’s, founder and executive director of the trans advocacy organization and Christopher Street Project PAC, following the bill’s passage.

“Most queer kids go to their families when they are figuring out who they are, and then not all queer kids have that option,” Hack told the Blade. “If this became law, it would harm those already vulnerable kids who rely on school as a safe place and might not have a safe place at home.”

They explained this is not about protecting parents’ rights to know what is going on with their children, but rather the weaponization of trans identity that has become a mainstream Republican ideal pushed by the Trump-Vance administration.

“Young people deserve the space to figure out who they are without the federal government interfering in their lives,” they said. “It is beyond the pale, or rather it should be beyond the pale, and has become a norm for Republicans in Congress to villainize kids, because I mean, this bill targets kids, it’s in the name of the bill, and it’s in the implications.”

Hack continued, saying that amid the rising cost of everyday necessities — from gas to groceries — and while the Trump-Vance administration continues to defund programs intended to help the most vulnerable Americans while creating slush funds for political allies, this is not what Congress should be focusing on.

“At a time when people are really struggling, and politicians need to be focused on lowering costs, they’re using queer and trans kids as political pawns,” Hack said. “They want to divide and conquer this country, and we need to stand up against them and unite behind values of inclusion and of trust in our teachers.”

David Stacy, the Human Rights Campaign’s vice president of government affairs, provided a statement to the Blade.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. HR 2616 does not protect children. It targets them. This bill is cruel, and we’ll continue to fight to ensure it never becomes law.”

The bill will move to the U.S. Senate in the coming days and weeks, but it must first be reviewed by a Senate committee before leadership schedules it for a floor vote, where it will need 60 votes to pass.

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