News
Gorsuch calls same-sex marriage ‘settled law’
‘I’ve tried to treat each case and each person as a person’
Amid opposition from LGBT rights supporters to the confirmation of Neil Gorsuch to the U.S. Supreme Court, President Trump’s nominee referred to same-sex marriage as “settled law,” but was otherwise relatively tight-lipped about his views during his confirmation hearings.
Grilled by members of the Senate Judiciary Committee about his judicial philosophy, U.S. Circuit Judge Gorsuch on Tuesday maintained “equal justice under the law” — words enshrined at the top of the Supreme Court building — was a “radical” idea, but one he’d uphold, when asked about application of the law to LGBT people.
Pressed by Sen. Al Franken about marriage equality specifically, Gorsuch replied, “It is absolutely settled law,” but added, “there’s ongoing litigation about its impact and its application right now.”
When Sen. Richard Durbin (D-Ill.) asked the nominee about his views on LGBT people, Gorsuch seemed irritated and responded, “What about them?” and as Durbin sought to clarify, the nominee retorted, “They’re people.”
Asked by Durbin to point to a statement or decision favorable to LGBT people, Gorsuch offered his judicial philosophy that all individuals are entitled to equal treatment under the law.
“I’ve tried to treat each case and each person as a person, not a this kind of person, not a that kind of person — a person,” Gorsuch said. “Equal justice under law is a radical promise in the history of mankind.”
Durbin pressed Gorsuch to clarify whether that applies to sexual orientation, prompting Gorsuch to invoke the 2015 Obergefell v. Hodges decision in favor of same-sex marriage.
“The Supreme Court of the United States has held that single-sex marriage is protected by the Constitution,” Gorsuch said, using “single-sex marriage” terminology commonly cited in Europe, but rarely in the United States, to refer to marriage equality.
Durbin brought up LGBT people in the context of questioning of John Finnis, whom Gorsuch identified as a mentor during his time at Oxford University. A conservative one-time law professor, Finnis delivered a deposition in the early ’90s in favor of Colorado’s anti-gay Amendment 2, a law that prohibited cities from enacting non-discrimination ordinances based on sexual orientation. The Supreme Court struck down the law in the 1996 Romer v. Evans decision.
Referencing a passage in which Finnis compared same-sex relationships to bestiality and said antipathy toward LGBT people is based not just on religious reasons, but societal views, Durbin asked Gorsuch whether he was aware of his mentor’s statements.
“I know he testified in the Romer case,” Gorsuch said. “I can’t specifically recall the specifics of his testimony or that he gave a deposition.”
When Durbin sought more information from Gorsuch on the impact Finnis had on his views, Gorsuch referred to rulings he made on the bench as a member of the U.S. 11th Circuit Court of Appeals.
“I think the best evidence is what I’ve written,” Gorsuch said. “I’ve written or joined over 6 million words as a federal appellate judge. I’ve written a couple of books. I’ve been a lawyer and a judge for 25 or 30 years, and I guess I’d ask you, respectfully, to look at my credentials and my record.”
In another exchange with Franken, Gorsuch conceded the issue of same-sex marriage is “settled” law, but acknowledged subsequent litigation is ongoing on its impact and kept his cards close to his vest on his personal views.
Referencing Gorsuch’s help with former President George W. Bush’s 2004 re-election campaign in Ohio as a member of “Lawyers for Bush,” Franken noted that was the year the state had an anti-gay amendment on the ballot and asked the nominee whether same-sex marriage should be subjected to popular vote.
“Senator, I don’t recall any involvement in that issue during that campaign,” Gorsuch said. “I remember going to Ohio.”
When Franken asked the nominee if he was aware of the marriage issue in 2004, Gorusch replied, “Certainly, I was aware about it.”
Pressed further by Franken for his views, Gorsuch added, “Any revelation about my personal views about this matter would indicate to people how I might rule as a judge. Mistakenly, but it might, and I have to be concerned about that.”
When Franken pointed out the U.S. Supreme Court has ruled in favor of same-sex marriage nationwide and asked Gorsuch how his views have changed since 2004, the nominee remain tight-lipped.
“My personal views, if were to begin speaking about my personal views on this subject, which every American has views on, would send a misleading signal to the American people,” Gorsuch said.
The Minnesota Democrat sought to move on to another topic as Gorsuch said he wanted to finish his thought about not being able to disclose personal view, but Franken said, “You’ve given a version of this answer before. I understand.”
The issue of marriage equality came up later in the hearing when Sen. Mazie Hirono (D-Hawaii) brought it up when asking Gorsuch about his views on whether the Constitution protects intimate and personal choices. Gorsuch again declined to express his personal views, but underscored the importance of the Obergefell decision as precedent.
“Obergefell is a precedent of the United States Supreme Court,” Gorsuch said. “It entitles persons to engage in single-sex marriage. That’s a right that the Supreme Court has recognized. It is a precedent of the United States Supreme Court entitled to all the deference to precedence of the United States Supreme Court, and that’s quite a lot.”
Much of the concern over Gorsuch concerns his subscription to the judicial philosophy of originalism in which jurists seek to determine lawmakers’ original intent of enacting statutes before ruling on them, a practice criticized as a means to deny justice to minority groups, including LGBT people. The late U.S. Associate Justice Antonin Scalia advocated that judicial viewpoint in his dissents to major gay rights cases, such as the U.S. Supreme Court decision in favor of same-sex marriage.
Sen. Amy Klobuchar (D-Minn.) sought clarification from Gorsuch on originalism, referencing, among other rulings, the 1996 Virginia Military Institute decision, which determined the state’s exclusion of women from the school violated the right to equal protection under the 14th Amendment. Scalia, in his dissent, wrote the decision was creating a new Constitution, not keeping to the original meaning of the U.S. Constitution.
Asked by Klobuchar whether the ruling was based on the original meaning of the Constitution, Gorsuch kept his views to himself and said, “The majority in that case argued that it was.” Gorsuch repeated his view the concept of equal protection under the law “is quite significant.”
When the Minnesota Democrat asked Gorsuch whether he’d apply that approach to minority groups, such as women, LGBT people and racial minorities, Gorsuch replied, “A good judge applies the law without respect to persons. That’s part of my judicial oath.”
Seemingly unsatisfied with the response, Klobuchar pressed Gorsuch further, prompting him to reply, “I don’t take account of the person before me. Everyone is equal under the eyes of the law.”
The reluctance of Gorsuch to offer his views during the confirmation process is typical of nominees seeking confirmation to the Supreme Court. As other nominees have done in the past, Gorsuch said disclosure of personal views or the appropriateness of a particular decision would suggest a bias on those issues if they came to him after winning confirmation.
Other decisions on which Gorsuch had no comment included the Roe v. Wade decision, the Heller decision affirming the Second Amendment right to own a firearm in D.C. and the Citizens United case allowing unlimited contributions from corporations and unions to political campaigns.
On rare occasions during the hearing, Gorsuch was more direct. Referencing Trump’s pledge to appoint only justices who’d overturn a woman’s right to have an abortion, Sen. Lindsay Graham (R-S.C.) asked Gorsuch if he made any private commitments to Trump to overturn Roe v. Wade, but the nominee replied he didn’t and was not asked to do so.
“I would have walked out the door,” Gorsuch said. “That’s not what judges do.”
A group of 21 LGBT organizations led by Lamdba Legal signed a joint letter to the Senate Judiciary Committee last week declaring their opposition to the nominee and urging rigorous questioning during the confirmation process.
Although Gorsuch has never ruled on the issue of same-sex marriage, the nominee wrote a scathing piece in 2005 for the National Review titled “Liberals & Lawsuits” excoriating the progressive movement for seeking advancements in the courts. Two years after the Massachusetts Supreme Court ruled in favor of same-sex marriage, the article identifies marriage equality as an issue that should be settled outside the judicial system.
When asked by Sen. Orrin Hatch (R-Utah) to respond to criticism over the op-ed, the nominee said he believes the courts, in fact, are a “very important place for the vindication of civil rights,” but in many cases they aren’t appropriate for change.
“I can report to you, having lived longer, as I did report to you in 2005 that the problem lies on both sides of the aisle, that I see lots of people who resort to the court more quickly than perhaps they should,” Gorsuch said.
Much of the discontent over Gorsuch is also related to his 11th Circuit decision in the Hobby Lobby case, when he ruled the Religious Freedom Restoration Act affords “religious freedom” protections to not just people, but corporations, and the business chain could refuse health insurance to female employees that covered contraception. Gorsuch joined a similar decision against the Obamacare contraception mandate in the Little Sisters of the Poor case.
At a time when many businesses and individuals are asserting civil rights laws prohibiting anti-LGBT discrimination unfairly penalize their religious beliefs, some LGBT rights supporters fear Gorsuch could apply that “religious freedom” reasoning in those cases to institute carve-outs for anti-LGBT discrimination.
Under questioning from Durbin, Gorsuch walked through his reasoning in the Hobby Lobby case, maintaining his ruling is based on the belief the U.S. government could make other accommodations for employees seeking contraception other than employer-based health coverage.
“Does the government have a compelling interest in the ACA in providing contraceptive care? The Supreme Court of the United States said, ‘We assume yes. We take that as given,” Gorsuch said. “The question becomes is it narrow tailored to require the Green family to provide it. The answer there the Supreme Court reached in precedent binding on us now, and we reached in anticipation, is no, that wasn’t as strictly tailored as it could be because the government had provided different accommodations to churches and to other religious entities.”
Other LGBT criticism over Gorsuch relates to his decisions on transgender rights. In 2015, Gorsuch joined an 11th Circuit decision against a transgender inmate who alleged she was denied transition-related hormone therapy and unfairly housed in an all-male facility. In 2009, Gorsuch also joined an unpublished opinion finding the provision against sex discrimination under Title VII of the Civil Rights Act of 1964 doesn’t apply to transgender people.
Jim Obergefell, the lead plaintiff in the case that brought same-sex marriage nationwide, wrote in an op-ed for Time magazine on the second day of the Gorsuch hearings he opposes the nominee on the basis that he could undermine LGBT rights, including same-sex marriage, at the Supreme Court.
Noting the narrow 5-4 marriage decision was written by U.S. Associate Justice Anthony Kennedy, who was only confirmed to the Supreme Court after the Senate rejected President Reagan’s nomination of anti-LGBT judge Robert Bork, Obergefell wrote, “we must be as cautious as we were in 1987.”
“As during the Bork hearings, we must again demand that the next justice appointed to the Supreme Court of the United States continue to uphold our Constitution — including equal protections for LGBTQ people under the law,” Obergell wrote. “Donald Trump, in nominating Neil Gorsuch, noted his desire to pick a justice in the mold of Antonin Scalia. That should send chills down the spine of everyone who cares about equality and civil rights.”
Eric Lesh, fair courts director for Lambda Legal, said Gorsuch’s hearing did nothing to allay concerns about the his potential confirmation to the Supreme Court because he “refused to answer very fundamental questions.”
“He kept dodging and weaving and running away from his record, which is clearly hostile to the rights of LGBT people and people living with HIV,” Lesh said. “So, we need answers, and that doesn’t change Lambda Legal’s conclusion that based on a comprehensive review of his record, his views on civil rights issues, on LGBT equality are fundamentally at odds with the notion that our community is entitled to equal dignity, justice, liberty under the law.”
District of Columbia
Bowser announces she will not seek fourth term as mayor
‘It has been the honor of my life to be your mayor’
D.C. Mayor Muriel Bowser, a longtime vocal supporter of the LGBTQ community, announced on Nov. 25 that she will not run for a fourth term.
Since first taking office as mayor in January 2015, Bowser has been an outspoken supporter on a wide range of LGBTQ related issues, including marriage equality and services for LGBTQ youth and seniors.
Local LGBTQ advocates have also praised Bowser for playing a leading role in arranging for widespread city support in the city’s role as host for World Pride 2025 in May and June, when dozens of LGBTQ events took place throughout the city.
She has also been credited with expanding the size and funding for the Mayor’s Office of LGBTQ Affairs, which was put in place as a Cabinet level office by the D.C. Council in 2006 under the administration of then-Mayor Anthony Williams.
It was initially called the Office of Gay, Lesbian, and Transgender Affairs. At Bowser’s request, the D.C. Council in 2016 agreed to change the name as part of the fiscal year 2016 budget bill to the Office of Lesbian, Gay, Bisexual, Transgender, and Questioning Affairs.
As she has in numerous past appearances at LGBTQ events, Bowser last month greeted the thousands of people who attended the annual LGBTQ Halloween 17th Street High Heel Race from a stage by shouting that D.C. is the “gayest city in the world.”
In a statement released after she announced she would not run for a fourth term in office; Bowser reflected on her years as mayor.
“It has been the honor of my life to be your mayor,” she said. “When you placed your trust in me 10 years ago, you gave me an extraordinary opportunity to have a positive impact on my hometown,” her statement continues.
“Together, you and I have built a legacy of success of which I am immensely proud. My term will end on Jan. 2, 2027. But until then, let’s run through the tape and keep winning for D.C,” her statement concludes.
Among the LGBTQ advocates commenting on Bowser’s decision not to run again for mayor was Howard Garrett, president of D.C.’s Capital Stonewall Democrats, one of the city’s largest local LGBTQ political groups.
“I will say from a personal capacity that Mayor Bowser has been very supportive of the LGBTQ community,” Garrett told the Washington Blade. “I think she has done a great job with ensuring that our community has been protected and making sure we have the resources needed to be protected when it comes to housing, public safety and other areas.”
Garrett also praised Bowser’s appointment of LGBTQ advocate Japer Bowles as director of the Office of LGBTQ Affairs,
“Under the leadership of the mayor, Japer has done a fantastic job in ensuring that we have what we need and other organizations have what they need to prosper,” Garrett said.
Cesar Toledo, executive director of the D.C. based Wanda Alston Foundation, which provides housing services for homeless LGBTQ youth, credits Bowser with transforming the Office of LGBTQ Affairs “into the largest and most influential community affairs agency of its kind in the nation, annually investing more than $1 million into life-saving programs.”
Toledo added, “Because of the consistent support of Mayor Bowser and her administration, the Wanda Alston Foundation has strengthened and expanded its housing and counseling programs, ensuring that more at-risk queer and trans youth receive the safety, stability, and life-saving care they deserve.”
Gay Democratic activist Peter Rosenstein is among those who have said they have mixed reactions to Bowser’s decision not to run again.
“I am sorry for the city but happy for her that she will now be able to focus on her family, and her incredible daughter,” Rosenstein said.
“She has worked hard, and done great things for D.C,” Rosenstein added. “Those include being a stalwart supporter of the LGBTQ community, working to rebuild our schools, recreation centers, libraries, gaining the RFK site for the city, and maintaining home rule. She will be a very hard act to follow.”
Local gay activist David Hoffman is among those in the city who have criticized Bowser for not taking a stronger and more vocal position critical of President Donald Trump on a wide range of issues, including Trump’s deployment of National Guard soldiers to patrol D.C. streets. Prior to Bowser’s announcement that she is not running again for mayor, Hoffman said he would not support Bowser’s re-election and would urge the LGBTQ community to support another candidate for mayor.
Bowser supporters have argued that Bowser’s interactions with the Trump-Vance administration, including her caution about denouncing the president, were based on her and other city officials’ desire to protect the interests of D.C. and D.C.’s home rule government. They point out that Trump supporters, including Republican members of Congress, have called on Trump to curtail or even end D.C. home rule.
Most political observers are predicting a highly competitive race among a sizable number of candidates expected to run for mayor in the 2026 D.C. election. Two D.C. Council members have said they were considering a run for mayor before Bowser’s withdrawal.
They include Councilmember Janeese Lewis George (D-Ward 4), who identifies as a democratic socialist, and Councilmember Kenyan McDuffie (I-At-Large), who is considered a political moderate supportive of community-based businesses. Both have expressed strong support for the LGBTQ community.
The Washington Post reports that Bowser declined to say in an interview whether she will endorse a candidate to succeed her or what she plans to do after she leaves office as mayor.
Among her reasons for not running again, she told the Post, was “we’ve accomplished what we set out to accomplish.”
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
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