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More scrutiny of Obama’s marriage views

President insists it’s a state issue

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White House Press Secretary Jay Carney (Blade file photo by Michael Key)

President Obama’s position on marriage equality came under renewed scrutiny Monday during a press briefing at the White House when press secretary Jay Carney was asked about California’s Proposition 8, which overturned marriage rights for same-sex couples in 2008.

A Wall Street Journal reporter asked if Obama’s belief that marriage should be left to the states means California voters should decide for themselves whether or not to legalize same-sex marriage.

“I’m not disagreeing with that interpretation,” Carney said. “But he has said quite clearly, as he did with the [Defense of Marriage Act] decision, and as he did on Thursday that he believes that it’s for the states to decide.”

On Thursday — one day before New York legalized same-sex marriage —Obama reiterated his view that marriage is a state issue during an LGBT fundraiser in New York City.

In June 2008, the Alice B. Toklas Club in San Francisco announced that it had received a letter from then-Democratic presidential candidate Obama reading, “And that is why I oppose the divisive and discriminatory efforts to amend the California Constitution, and similar efforts to amend the U.S. Constitution or those of other states.”

Asked to clarify Carney’s comments on Monday, Shin Inouye, a White House spokesperson, replied, “The president has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples and believes strongly in stopping efforts designed to take rights away. That is why he opposed the Federal Marriage Amendment and Proposition 8.”

After voters approved Prop 8 and state litigation seeking to overturn the ban failed, the American Foundation for Equal Rights filed a federal lawsuit challenging the marriage ban. Last year, a U.S. district court in San Francisco determined that Proposition 8 violated the U.S. Constitution. The lawsuit is on appeal, so the fate of Prop 8 remains unknown. Some advocates say Obama’s position on marriage could have an impact on how courts examine the issue.

Carney was cautious about saying more about the president’s position on the marriage ban and maintained that Obama “very strongly supports equal rights.”

“I’m not going to put words into his mouth applying to another state,” Carney said. “You can analyze that because I haven’t heard him say that. But obviously, the DOMA decision, what he said in New York is about his belief — our belief that this is a matter the states should decide.”

In February, Obama announced that he would no longer defend DOMA in court because he believes the statute is unconstitutional. At the fundraiser on Thursday, Obama indicated he believes DOMA is unconstitutional because it interferes with a state’s right to regulate marriage.

Later, during the briefing, the issue of same-sex marriage emerged again when reporter Bill Press asked how the president can square his belief that marriage should be left to the states while at the same time saying he believes same-sex couples deserves the same rights as opposite-sex couples.

“Well, look, I’m not going to — the president has made his position clear,” Carney replied. “It’s not very useful for us to have this debate. I think the president spoke about this on Thursday, he’s spoken about it — sorry — a number of times in the past.”

Pressed further on whether Obama has “missed an opportunity” to endorse same-sex marriage prior to New York’s decision to legalize gay nuptials, Carney replied, “Again, the president — the president’s record on issues involving and of concern to the LGBT community is exemplary and we are very proud of it. He continues to fight on behalf of that community for the rights, for equal rights, and his position on New York, he, himself, rather than his press secretary, spoke at length about just a few nights ago.”

Obama has held various positions on same-sex marriage. In 1996, when running to become an Illinois state senator, Obama in a questionnaire response to what is now the Windy City Times wrote, “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.”

But during his 2008 presidential campaign, Obama said he believes marriage is between one man and one woman and backed civil unions for gay couples. Since October, Obama has suggested he could evolve on the marriage issue, but he has yet to endorse gay nuptials.

A partial transcript of the exchange between reporters and Carney during the White House news briefing follows:

Wall Street Journal: …Does that mean he also respects the outcome of democracy at work in California where voters decided to reject the idea of gay marriage?

Jay Carney: I think as you saw in the decision we announced … this administration would no longer be participants defending the Defense of Marriage Act because we don’t believe it’s constitutional. That is precisely because of his belief that this a matter that needs to be decided by the states. So without commenting on a particular other state, I think we’ve been making that clear with regard to the action in New York. …

I’m not going to put words into his mouth applying to another state. You can analyze that because I haven’t heard him say that. But obviously, the DOMA decision, what he said in New York is about his belief — our belief that this is a matter the states should decide.

Journal: And the central argument in the challenge to Proposition 8 by supporters of same-sex marriage rights is that this isn’t something that should be decided state-by-state, but there are federal rights involved —

Carney: The president very strongly supports equal rights and he’s made that clear as well, and he said it again in New York at the event that we’re discussing. …

I don’t really have a lot I can say about Proposition 8 with regards to what the president said last week. I’m not willing to go to what the president didn’t discuss. I can talk about we he did discuss.

Journal: But the proper reading of what he said — it sounds what you’re saying, and I want to be clear, is that, yes, this is up to the states, and if New York decides that they want to allow same-sex marriage, great, if California decides that they don’t want to, then that’s their decision as well.

Carney: Well, yeah, I can’t improve upon the words that the president delivered publicly — whatever night that was — Thursday night. I’m not disagreeing with that interpretation. But he has said quite clearly, as he did with the DOMA decision, and as he did on Thursday that he believes that it’s for the states to decide.

Bill Press: I want to come back to the same-sex marriage issue, if I can. If the opportunity to enjoy the same right as same-sex couples as straight couples is a basic civil right, how can you square that with saying we leave it up to the states?

Carney: Well, look, I’m not going to — the president has made his position clear. It’s not very useful for us to have this debate. I think the president spoke about this on Thursday, he’s spoke about it — sorry — a number of times in the past. So, you can take it to other places, but I think …

Press: But let me ask this, with New York being the largest state so far to recognize same-sex marriage, are you concerned that the president have missed his opportunity to lead on this issue?

Carney: Again, the president — the president’s record on issues involving and of concern to the LGBT community is exemplary and we are very proud of it. He continues to fight on behalf of that community for the rights, for equal rights, and his position on New York, he, himself, rather than his press secretary, spoke at length about just a few nights ago.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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