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Obama vs. Biden: No easy task comparing the two on LGBTQ records

One president moved with caution, the other with speed

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Joe Biden, Barack Obama, White House, Democratic Party, gay news, Washington Blade

More than seven months into his administration, President Biden has quickly gained a reputation for being a champion for the LGBTQ community — but don’t ask whether that LGBTQ record is superior to his predecessor Barack Obama’s without expecting a fight.

Among the LGBTQ initiatives marking Biden’s tenure within a few months: Undoing the transgender military ban; ordering federal agencies to implement a U.S. Supreme Court ruling against anti-LGBTQ discrimination to the fullest extent possible; and integrating LGBTQ human rights into his foreign policy vision. When Obama was in office, policies along those lines for the LGBTQ community were more spanned out and took an entire eight years to implement.

Take, for example, transgender military service. Biden through an executive order within the first week of his administration reversed Trump’s policy-by-tweet banning transgender people from serving in the U.S. armed forces “in any capacity.” During the time of President Obama, who took office when “Don’t Ask, Don’t Tell” for openly gay service members was still law of the land, it took until the last six months before the end of his second term to lift older regulations similarly against transgender service.

Matt Hill, a White House spokesperson, wasn’t shy about ticking off each of these achievements when asked about the comparison between Obama and Biden on LGBTQ issues, but didn’t discount the work of the earlier president.

“President Biden is proud of the work accomplished alongside President Obama to advance LGBTQ+ equality from championing marriage equality, enabling LGBTQ+ Americans to serve openly in the military, combatting and preventing discrimination and more,” Hill said. “The Obama-Biden administration made historic progress for LGBTQ+ people at home and abroad, and the Biden-Harris administration is proud to continue making historic progress in the march toward full equality.”

If the chorus from the Lily Allen song “Not Fair” is coming to you in terms of comparing Biden to Obama on LGBTQ issues, that response would be justified. Trying to reach a definite conclusion about who was better is complicated simply because of different times.

Obama came into office when LGBTQ rights were unpopular compared to today and no president ever before had billed themselves fully as an ally the LGBTQ community. Not long ago, President George W. Bush scored political points and possibly won re-election as the war in Iraq turned into a fiasco by making a U.S. constitutional amendment against same-sex marriage a centerpiece of his campaign.

Mara Keisling, who as former executive director of the National Center for Transgender Equality advocated for LGBTQ issues in both the Obama and Biden administrations, said “it is that way” Biden’s achievements have been more rapid and Obama’s more spread out over eight years, but added comparing the two is “apples and oranges.”

“We were in a very different place in 2009,” Keisling said. “There had never been a federal government administration that did trans policy before, and so they had to go about it more slowly or they had to figure out how to do it. Second, there weren’t there weren’t a lot of experienced advocates in the LGBT movement. There were really very few people who had done any administrative advocacy in 2009, and now we’re starting this administration with 50 or 60 experienced advocates who got right to it.”

Keisling said the preceding Trump administration, with all its anti-LGBTQ rollbacks, was ironically helpful in getting Biden started because “Donald Trump accidentally left the whole blueprint for what to do, which is just fix a lot of the things he broke.”

The difference in times is key to understanding why to bother comparing Obama and Biden on LGBTQ issues in the first place when they’re both generally regarded of supporters of LGBTQ people. It’s more a way to reflect on changing times, recognizing moving quickly on LGBTQ issues was more difficult 12 years ago than it is now.

Nonetheless, despite the Obama years being a different epoch, LGBTQ rights advocates at the start of his administration were outright hostile to Obama for not moving more quickly to push the nation forward, particularly on holding out on “Don’t Ask, Don’t Tell” repeal until two years in office. An initial legal brief defending the anti-gay Defense of Marriage Act in court, which compared same-sex relationships to underage and ancestral marriages, had LGBTQ people up in arms against a president they worked hard to elect.

The gay blogosphere, in its heyday at the end of the 2000s, skewered White House press secretaries Robert Gibbs and Jay Carney for inartful answers on Obama’s commitment to LGBTQ issues. Liberal bloggers such as John Aravosis at AMERICAblog, Pam Spaulding at Pam’s House Blend and Andy Towle at Towleroad had anti-Obama content alongside posts against Republicans.

Aravosis, in response to an email inquiry from the Blade, said making comparisons of Obama and Biden at this point in their presidencies is difficult given the different nature of the times.

“It’s always hard to compare 2008 and 2021,” Aravosis said. “They were different eras, with different demands. The three big issues for Obama were ‘Don’t Ask, Don’t Tell,’ DOMA and marriage equality. And we got him on board all three of those, with a little cajoling — DADT they delayed action on, DOMA they were defending in court, and marriage took until 2012 to get Obama on board. But eventually he did, on all those issues.”

Aravosis conceded at this time Biden comparatively has made “a ton of small to medium accomplishments early on,” and cited the confirmation of Pete Buttigieg as the first openly gay Senate-confirmed Cabinet secretary as one of “a few big ones.”

Even during the Obama years, Biden was credited with moving Obama forward, famously speaking out in favor of same-sex couples getting married on “Meet the Press” as Obama’s “evolution” on the issue was still taking place. Obama would come out for marriage equality days later. Biden had also spoken out in favor of an LGBTQ non-discrimination order in the workplace for federal contractors before Obama made that happen.

Keisling said even though some of Obama’s early caution and missteps had angered LGBTQ advocates at the time, such as excluding transgender people from a 2009 presidential memorandum seeking to expand partner benefits for same-sex couples, they ended up proving beneficial.

“I don’t think any of us really understood what a momentous thing that was,” Keisling said. “But it was from that memo that they immediately realized that the federal government had to protect trans federal employees.”

In contrast to early consternation under Obama, seven months into the Biden administration nary an objection has been heard from LGBTQ leaders, save for a legal brief claiming a right to defend an exemption to LGBTQ non-discrimination law for religious schools that wasn’t even based on the merits. To the contrary, Biden has been lauded as the greatest supporter of LGBTQ people in the White House as his administration has rolled back Trump’s anti-LGBTQ initiatives, fully embracing LGBTQ people in his first months without the need for public cajoling from voices seeking equality.

One person who has worked both in and outside the White House on LGBTQ issues is Brian Bond, now executive director of PFLAG and the first LGBTQ White House liaison under Obama. Bond, however, would not agree to an interview for this article.

Despite the early consternation, the long view on Obama is different. By the time his administration was over after eight years, the LGBTQ community could look back on hate crimes legislation signed into law, “Don’t Ask, Don’t Tell” repeal, marriage equality nationwide and transgender people being more visible and respected.

When the Washington Blade reached out to the Office of Barack and Michelle Obama for a comment on the comparison between Obama and Biden on LGBTQ issues, a spokesperson ticked off many of these achievements.

“We are so proud of President Obama’s record on LGBTQ issues, including repealing Don’t Ask, Don’t Tell, ending the government’s legal defense of the Defense of Marriage Act, and signing historic hate crimes legislation, but he’s always said the presidency is a relay race and there’s nobody he’d rather have holding the baton right now than Joe Biden, especially when it comes to matters of equality,” the spokesperson said.

It was based on Obama’s overall record, especially his endorsement of same-sex marriage at a critical time in 2012 when the issue was at the polls in four states, that gay commentator Andrew Sullivan in 2012 dubbed him the “First Gay President” for a high-profile cover article in Newsweek.

Sullivan, who has declared the fight for gay rights now over and has been critical of continued efforts in the LGBTQ movement, said the comparison between Obama and Biden on LGBTQ issues is no contest.

“Neither president is responsible for gay equality. We are,” Sullivan wrote in an email to the Blade. “But there is no comparison. Marriage equality and openly gay troops under Obama dwarf anything Biden has done. The Bostock decision — the biggest advance in history for trans rights — happened under Trump.”

Obama, in an interview published in The Advocate last month, said he would “love my legacy to be overshadowed, because it would mean another president was doing even more to protect LGBTQ rights,” which he said was why he was pleased with Biden’s initiatives.

“Now, we obviously have more work to do,” Obama added. “We need to do even more to guarantee basic rights and protections for every American. My hope is that whatever success we had while I was president proves that progress is possible.” 

A continued one-up Obama has over Biden in terms of LGBTQ issues is major legislative achievements. For all the hurdles Biden has already cleared on LGBTQ issues compared to Obama, the Equality Act — the centerpiece of Biden’s campaign promise for LGBTQ people — continues to languish in the U.S. Senate and is all but dead.

By this time in the Obama years, the measure honoring gay teenager Matthew Shepard, who was brutally murdered, was on its way to the White House as an amendment to major defense spending authorization legislation in Congress. The Equality Act, on the other hand, hasn’t even gotten a vote in the Senate Judiciary Committee.

Aravosis said the lack of traction for the Equality Act in the Senate is a “similar dilemma” to the one supporters of gay rights faced in 2010 with hurdles in getting “Don’t Ask, Don’t Tell” repealed.

“We were extremely concerned that we’d lose the House in the 2010 midterm elections, so we wanted to get DADT repealed BEFORE that,” Aravosis said. “Same problem today. We need to get the Equality Act passed BEFORE the 2022 midterm elections, lest we lose the House or Senate.”

At the end of the day, however, unlike his criticism for Obama for not moving quickly on “Don’t Ask, Don’t Tell” repeal, Aravosis said he doesn’t fault Biden for not getting the Equality Act on his desk.

“With a one-vote margin in the Senate, and the filibuster still in place, I’m not sure how we do that,” Aravosis said. “So, no, I don’t blame Biden for the current vote count being extremely difficult in the Senate.”

Biden last month signed a resolution designating the Orlando, Fla.-based Pulse nightclub, where 49 people were killed in a mass shooting, as a national monument, but that went through Congress unanimously and required no significant political power.

Keisling, when asked if the lack of major legislative achievements on LGBTQ issues detracts from Biden’s record, said the fault lies elsewhere.

“Nothing’s happening in Congress,” Keisling said. “What he has gotten done is kind of amazing — I mean in general not the LGBT stuff, because there really hasn’t been LGBT stuff — because Congress is currently broken. The Senate is broken anyway.”

When the Blade pointed out by this time in his administration Obama was on track to sign hate crimes legislation into law in October 2009 and asked what has changed, Keisling replied, “Talk to me about that in December.”

“I’m more optimistic than you are,” Keisling said. “I know the Blade has tried really hard to express pessimism. But we’re working it, it is still very much alive and there’s actual conversations going on between the right senators. I’m very hopeful still.”

The Human Rights Campaign, which has lobbied on LGBTQ issues in both the Obama and Biden administrations, didn’t respond to a request to comment for this article.

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Congress

Senate parliamentarian orders removal of gender-affirming care ban from GOP reconciliation bill

GOP Senate Leader John Thune (S.D.) hoped to pass the bill by end-of-week

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(Washington Blade photo by Michael Key)

Restrictions on the use of federal funds for gender-affirming care will be stripped from the Republican-led Senate reconciliation bill, following a ruling by the Senate parliamentarian on Tuesday that struck down a number of health related provisions.

The legislation banned coverage for transgender medical care through Medicaid and the Children’s Health Insurance Program, language that was also included in the House version of the bill passed on May 22 with a vote of 215-214.

The parliamentarian’s decision also rejected Republican proposals for a Medicaid provider tax framework, which allows states to charge health care providers and use the funds to support their programs, along with broader cuts to Medicaid.

Amid calls to override Tuesday’s ruling from Republicans like U.S. Rep. Greg Steube (Fla.), GOP Senate Majority Leader John Thune (S.D.) told reporters “That would not be a good outcome for getting a bill done.”

He also acknowledged that the timing and schedule might have to be adjusted. Senate Republicans had hoped to pass the reconciliation bill by the end of this week, though this was not a legal or procedural deadline.

Dubbed the “one big, beautiful bill” by President Donald Trump, the legislation would extend tax breaks from 2017 that overwhelmingly benefit the wealthiest Americans and corporations. To cover the cost, which is estimated to exceed $4 trillion over 10 years, the bill would make drastic cuts to social welfare programs, particularly Medicaid.

Democrats are not in a position to negotiate across the aisle with Republicans holding majorities in both chambers of Congress, but for months they have been calling attention to the effort by their GOP colleagues to strip Americans of their health insurance to pay for the tax breaks.

The Congressional Budget Office estimates that 10.9 million people would lose their coverage, either through Medicaid or the Affordable Care Act marketplaces. Some Republicans like U.S. Sen. Josh Hawley (Mo.) are pushing back against the deep cuts to Medicaid, arguing they would be devastating for many of their constituents and also to hospitals, nursing homes, and community health care providers in rural areas.

In a statement emailed to the Washington Blade on Tuesday, U.S. Senate Democratic Whip Dick Durbin (Ill.) said, “Anti-trans extremists are attempting to use the full power of the government to hurt kids, and recent Supreme Court decisions in Skrmetti and Medina are enabling their quest.”

While today’s ruling by the Senate parliamentarian is a temporary win, I will keep pushing back on these shameful attempts to harm trans kids and their families for trying to live authentically,” said the senator, who also serves as ranking member of the powerful Senate Judiciary Committee.

U.S. Rep. Mark Takano (D-Calif.), who is gay and chairs the Congressional Equality Caucus, also shared a statement with the Washington Blade addressing the parliamentarian’s ruling:

“This ruling by the Senate Parliamentarian is a win for the transgender people who rely on Medicaid and CHIP to access the healthcare they need to live fuller, happier, and healthier lives—but the fight is not over yet,” the congressman said.

 “Republican Senators must abide by her ruling and remove the ban from the final version of Trump’s Big Ugly Bill,” he said. “Yet, even with this provision removed, this bill is terrible for the American people, including trans Americans. Every Equality Caucus member voted against it in the House and we’re ready to do so again if the Senate sends it back to the House.”

The Human Rights Campaign issued a press release with a statement from the organization’s vice president for government affairs, David Stacy:

“The fact remains that this bill belongs in the trash. It continues to include devastating cuts to health care programs — including Medicaid — that would disproportionately harm the LGBTQ+ community, all so the already rich can receive huge tax cuts,” Stacy said.

“While it comes as a relief that the Senate parliamentarian concluded that one provision in the nightmarish reconciliation bill that would have denied essential, best practice health care to transgender adults does not belong, we aren’t done fighting,” he said. “With attacks on our community coming from many directions, including the Supreme Court, we will work to defeat this bill with everything we’ve got.”


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Congress

Murkowski, Shaheen reintroduce Global Respect Act

Bill would sanction foreign nationals who commit anti-LGBTQ human rights abuses

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Then-U.S. Ambassador to Hungary David Pressman marches in the 2024 Budapest Pride parade that took place against the backdrop of the Hungarian government's continued anti-LGBTQ crackdown. The Global Respect Act would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people. (Photo courtesy of Pressman's X account)

U.S. Sens. Lisa Murkowski (R-Alaska) and Jeanne Shaheen (D-N.H.) on Wednesday once again introduced a bill that would sanction foreign nationals who carry out human rights abuses against LGBTQ and intersex people.

The two senators have previously introduced the Global Respect Act. Co-sponsors include U.S. Sens. Chris Van Hollen (D-Md.), Chris Murphy (D-Conn.), Jeff Merkley (D-Ore.), Cory Booker (D-N.J.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Edward Markey (D-Mass.), Tammy Baldwin (D-Wis.), and Ron Wyden (D-Ore.)

“Around the world, individuals who are part of the LGBTQ+ community are in danger for simply existing,” said Murkowski in a press release. “Hate and violence cannot and should not be tolerated. I’m hopeful that this legislation will establish actionable consequences for these inexcusable human rights violations, and create a safer world for all people — regardless of who they are or who they love.” 

Shaheen in the press release notes “the risk of personal harm for LGBTQI individuals for publicly identifying who they are or expressing who they love has tragically increased in recent years.”

“Human rights, as defined by the Universal Declaration of Human rights, recognizes that global freedom, justice, and peace depend on ‘the inherent dignity’ and ‘the equal and inalienable rights of all members of the human family,” said the New Hampshire Democrat. “LBGTQI human rights are universal human rights. We must ensure that we hold all violators of those rights accountable.” 

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

The current White House has suspended most foreign aid. The elimination of these funds has left the global LGBTQ and intersex rights movement reeling.

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Garcia elected top Democrat on the House Oversight Committee

Gay Calif. lawmaker vows to hold Trump-Vance administration accountable

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U.S. Rep. Robert Garcia (D-Calif.) (Washington Blade photo by Michael Key)

U.S. Rep. Robert Garcia (D-Calif.) on Tuesday was elected top Democrat on the House Oversight Committee in a vote that signaled the conference’s overwhelming support for a newer voice on Capitol Hill who will play a key role taking on President Donald Trump.

With a margin of 150-63, the 47-year-old openly gay congressman defeated U.S. Rep. Stephen Lynch (D-Mass.), alongside U.S. Reps. Jasmine Crockett (D-Texas) and Kweisi Mfume (D-Md.) who exited the race after the House Democratic Steering and Policy Committee backed Garcia.

Serving only since 2023, the congressman has had a remarkably quick ascent leading up to his election this week as ranking member of one of the most powerful House committees, awarded a leadership position serving under House Democratic Whip Katherine Clark (Mass.) and selected as a co-chair of former Vice President Kamala Harris’s 2024 presidential campaign.

Democratic members began jockeying for the top seat on the oversight committee this spring after the late-U.S. Rep. Gerry Connolly of Virginia stepped away amid news that his esophageal cancer had returned. He died in May.

Connolly last year fended off a challenge from one of the most well known House Democrats, U.S. Rep. Alexandria Ocasio-Cortez (N.Y.), though with a narrower margin that signaled intra-party tensions over whether leadership roles should still be awarded based on seniority.

Garcia positioned himself as a bridge between the two camps — a consensus candidate with executive managerial experience as the former mayor of Long Beach, Calif. At the same time, particularly since the start of Trump’s second term, the congressman has emerged as one of the most outspoken critics of the new Republican regime.

In a statement on X Tuesday, Garcia thanked his colleagues and promised to “hold Donald Trump and his administration accountable.”

If Democrats win control of the House next year, the oversight committee will be able to exercise powers that are now available only to Republicans under the chair, U.S. Rep. James Comer (R-Ky.), which include the authority to investigate virtually any matter across the federal government, to issue subpoenas, and to compel testimony.

In the meantime, Garcia on Monday promised that Democrats on the committee would “vigorously fight” Republican Speaker Mike Johnson’s (La.) plans “to dismantle the Government Accountability Office.”

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