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.”
Congress
Goodlander endorses Pappas’s Senate bid
Announcement puts gay congressman on the path to securing his party’s nomination

U.S. Rep. Maggie Goodlander (D-N.H.) on Thursday announced she will not run to represent her state in the U.S. Senate, endorsing gay U.S. Rep. Chris Pappas’s (D-N.H.) bid for the seat of retiring U.S. Sen. Jeanne Shaheen, putting him on the path to secure the Democratic nomination.
“We are in the fight of our lifetimes right now, of a moment of real crisis and challenge,” she said. “I feel humbled and grateful to so many people across our state who have encouraged me to take a look at the U.S. Senate, and after a lot of thought and conversations with people I love and people I respect and people who I had never met before, who I work for in this role right now, I’ve decided that I’m running for re election in the House of Representatives.”
When asked by a reporter from the ABC affiliate station in New Hampshire whether she would endorse Pappas, Goodlander said, “Yes. Chris Pappas has been amazing partner to me in this work and for many years. And I really admire him. I have a lot of confidence in him.”
She continued, “He and I come to this work, I think with a similar set of values, we also have really similar family stories. Our families both came to New Hampshire over 100 years ago from the very same part of northern Greece. And the values that he brings to this work are ones that that I really, really admire. So I’m proud to support him, and I’m really excited to be working with him right now because we’ve got a lot of work to do.”
Today in Salem @MaggieG603 tells @WMUR9 she is not running for U.S. Senate & endorses @ChrisPappasNH #NHPolitics #NHSen #NH02 #WMUR pic.twitter.com/W2CMrhRuIC
— Adam Sexton (@AdamSextonWMUR) April 17, 2025
“Maggie Goodlander has dedicated her career to service, and we can always count on her to stand up to powerful interests and put people first,” Pappas said in a post on X. “I’m so grateful to call her my friend and teammate, and I’m proud to support her re-election and stand with her in the fights ahead.”
Earlier this month, former New Hampshire Gov. Chris Sununu, a Republican, announced he would not enter the Senate race, strengthening the odds that Democrats will retain control of Shaheen’s seat.
Congress
EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker
Congressman’s correspondence was shared exclusively with the Blade

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.
Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.
Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.
Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.
Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.
Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”
The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.
Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:
- What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
- What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
- How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
- What mechanisms exist to prevent and address potential misconduct?
- What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
- What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
- What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:
- Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
- What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
- Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
- What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
- What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”
Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.
Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”
Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.
Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”
Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.
“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”
“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.
In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.
During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.
Congress
House Republicans advance two anti-trans education bills
Congresswoman Jahana Hayes, LGBTQ groups slammed the effort

Republicans members of the House Education and Workforce Committee advanced two anti-transgender bills on Wednesday, one that would forcibly out students in public elementary and middle schools to their parents and a second covering grades K-12 that critics have dubbed a “don’t say trans” bill.
More specifically, under the PROTECT Kids Act, changes to “a minor’s gender markers, pronouns, or preferred name on any school form or sex-based accommodations, including locker rooms or bathrooms” could not be made without parental consent, while the Say No to Indoctrination Act would prohibit schools from teaching or advancing “gender ideology” as defined by President Donald Trump’s anti-trans Jan. 20 executive order, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
U.S. Rep. Jahana Hayes (D-Conn.), who was named national teacher of the year before her election to Congress, rose to speak out against the bills during the committee’s convening on Wednesday.
“Curriculum does not include teaching students to be something else. Curriculum does not include indoctrinating students to identify as gay or LGBTQ or other or anything. But federal law mandates that all students have civil rights protections,” she said.
The congresswoman continued, “I don’t really understand what the members of this committee think happens in schools, but my question is, what do we do with these children? The children who you are saying, on this committee, don’t exist, the children who are struggling with their identity and often times confide in their teachers and ask for support and help.”
“What we’re doing in this committee is focusing on a small population of students who are at a point in their life where they are struggling and school may, for many of them, feel like the only safe place or the only place where they can get support, or the only place where they can speak to a counselor,” Hayes said.
“And as a teacher, I don’t care if it was just one student that I had to reassure that they were important and they were valued and they belonged here,” she said. “I’m going to do it, and anyone who has dedicated their life to this profession will do the same. So the idea that you all feel okay with arbitrarily erasing, disappearing people, making them think that they they don’t exist, or they don’t have a place in schools, or the curriculum should not include them, or whatever they’re feeling should not be valued, considered, Incorporated, is just wrong.”
“So I will not be supporting this piece of legislation, as if that was not already evident, and I will be using all of my time, my agency, my energy, my advocacy, to ensure that every student,” Hayes said, “feels valued, respected, important and included in the work that I engage in on this committee.”
The congresswoman concluded, “when you are in a classroom and you are a teacher, and that door closes and a student falls in your arms and says to you, I am struggling, and I can’t go home with this information, and I need Help, you have a moral responsibility to help that child or you are in the wrong profession. I yield back.”
The Congressional Equality Caucus slammed the bills in an emailed statement from the chair, U.S. Rep. Mark Takano (D-Calif.), who noted that the legislation comes as “Donald Trump is illegally trying to dismantle the Department of Education and pass tax cuts for billionaires.”
“Extreme Republicans in Congress are trying to distract Americans by advancing cruel, anti-trans legislation,” said the congressman, who is gay. “School districts, teachers, and staff best understand how to draft age-appropriate, inclusive curriculums and craft policies that both respect the important role parents play in children’s education and the importance of students’ safety.”
“Yet, Republicans’ Don’t Say Trans Act would cut critical funding for schools if their teachers teach lessons or include materials that simply acknowledge the reality of trans peoples’ existence,” Takano added. “Republicans’ forced outing bill would put kids in danger by requiring schools that want to take certain steps to affirm a transgender student’s identity to forcibly out them to their parents — even if the school knows this will put the student’s safety at risk.”
The caucus also slammed the bills in a series of posts on X.
🚨BAD BILLS ALERT🚨
— Congressional Equality Caucus (@EqualityCaucus) April 9, 2025
Today, the GOP-controlled Education Committee is voting on two anti-trans bills: One to force teachers to out trans students if they want to take certain steps to affirm the students’ identities, and a “Don’t Say Trans” bill.
Here's why we’re opposed: 🧵
The Human Rights Campaign also issued a statement on Wednesday by the organization’s communications director, Laurel Powell:
“Instead of putting our dangerous President in check and tackling the American economy’s free fall, House Republicans showed where their priorities lie — giving airtime to junk science and trying to pass more anti-LGBTQ+ legislation.
“Forcing teachers to ‘out’ trans youth rather than supporting them in coming out to their families and demanding that schools ignore the trans students who sit in their classrooms is a craven attempt to distract people from economic disaster by vilifying children.
“Even as they fire people whose jobs were to make sure schools have the resources they need, the Trump administration and their allies in Congress continue to attack vulnerable young people to score points with the far right.”
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