National
Still more marriage questions for Carney
W.H. won’t say whether Obama wants marriage in Dem platform or help in state efforts

White House Press Secretary Jay Carney faced new questions on marriage Thursday in the first time the spokesperson publicly talked to reporters following President Obama’s announcement in support of same-sex marriage.
In a press gaggle abord Air Force One en route to Seattle, Carney declined to answer inquiries on whether Obama wants to see an inclusion of same-sex marriage in the Democratic Party platform, nor would he would say whether Obama will commit to helping with efforts to pass same-sex marriage in states.
Asked whether Obama will move toward having “pro-gay marriage language in the Democratic national platform,” Carney deferred to the Democratic National Committee.
“Well, party platform issues are for the party to decide,” Carney said. “That process is underway, and I refer you to the DNC on the question about the platform.”
Carney similarly dodged in response to a question on whether Obama will be “outspoken when these issues come up in states” deliberating same-sex marriage.
“I’m not going to speculate about what he may say or statements he might issue,” Carney said. “He has on occasion made his position known on actions by individual states, most recently in North Carolina, and I’m sure that continues to be the case. That will continue to be the case.”
Evan Wolfson, president of Freedom to Marry, said in response to Carney’s answer on the Democratic platform that those crafting the document should listen the president’s endorsement of same-sex marriage on Wednesday.
“Freedom to Marry’s call for a freedom to marry plank in the Democratic Party — a call that has won huge support from former party chairs, the convention chair, leaders in Congress, 22 senators, and over 40,000 signers on our online petition — continues full force,” Wolfson said. “The Democratic Party should do what the president did so beautifully yesterday: stand for the freedom to marry.”
Wolfson similarly said the onus is on supporters or marriage equality to advance same-sex marriage throughout the nation in the wake of Obama’s endorsement.
“We know that the president’s strong voice and clear message yesterday will have an enormous and ongoing effect in helping people wrestling with this question rise to fairness,” Wolfson said. “It’s the job of all the rest of us to go out and have the conversations that he described so well as helping change his mind.”
John Aravosis, who’s gay and editor of AMERICAblog, said he’s OK with giving Obama a short break after his endorsement of same-sex marriage, but wants to see further action from the president.
“I’m happy to give the president twenty-four hours of honeymoon before I start demanding he do more on marriage, but I do think the community will expect him, and the party, to follow through on his support of same-sex marriage,” Aravosis said. “And that would mean adding marriage equality to the party platform and speaking out more aggressively against anti-gay measures in the states, including those concerning marriage.”
Carney also took questions on the web video ad the Obama campaign on Thursday hyping Obama’s newfound support of same-sex marriage and criticizing Romney for supporting a Federal Marriage Amendment and not even supporting civil unions.
A transcript of the exchange between reporters and Carney during the gaggle follows:
Q: Jay, today the Obama campaign put out a web video that’s attacking Romney on his stance on rights for same-sex couples. Given that the President just came around on this, on the issue of gay marriage yesterday, doesn’t that seem hypocritical and politically motivated more than anything?
Carney: Well, I would refer you to the campaign to talk about ads or videos that they put out. The president noted in his interview when it came up yesterday with Robin Roberts of ABC, that his opponent, Governor Romney, has a starkly different view of these issues, and a starkly different view of the policy issues, even prior to the president’s announcement yesterday that he had come to the conclusion that he personally supports same-sex marriage.
Gov. Romney is for an amendment to the U.S. Constitution that would enshrine discrimination into our founding legal document. The president thinks that’s wrong. So their positions were starkly different before yesterday.
Q: The campaign or the president —
Carney: If you want to ask the campaign about its tactics I think you ought to ask the campaign about its tactics. The president was very clear in his interview with Robin Roberts about what his personal beliefs are. The president’s record on these issues of supporting LGBT rights is long and impressive and clear, and he’ll continue to fight to expand and protect the rights of all American citizens.
Q: Can you tell us whom — after he gave his interview, to whom has the president spoken personally, both on the gay advocacy side, and also perhaps on the other side in terms of any religious leaders or people who might want to get an explanation from him about his stance?
Carney: I don’t have any conversations of the president to read out to you. The president had quite a busy day yesterday, and it continued to be busy after his interview.
Q: And do you suspect that at any point he would just point that out?
Carney: I wouldn’t — I couldn’t predict on that.
Q: Is the president excited to talk about this issue tonight now that he’s going to be doing a fundraiser in California among probably a lot of people who are very supportive of gay marriage? This is sort of the first chance he’ll have to talk about it since revealing his view.
Carney: I think the President has always been clear about his support for LGBT rights and the actions that he’s taken, including repealing “don’t ask, don’t tell”; the fact that he has long opposed the Defense of Marriage Act; the fact that he and the Attorney General, and therefore the administration, have deemed Section 3 of DOMA to be unconstitutional, and therefore the decision not to continue to defend it.
But look, the President’s focus, as I think he also said yesterday in his interview, has been and will continue to be on jobs and the economy. That’s been the — creating greater security for a middle class in this country that has been under stress for a long time, even predating the Great Recession, has been number-one priority. It was his number-one priority when he ran for office, for this office, and it has been his priority since he took the oath of office. And I think you will hear him focus on those issues just as he has — going forward, just as he has in the past.
Q: Will he move to repeal DOMA officially, and have pro-gay marriage language in the Democratic national platform?
Carney: Well, party platform issues are for the party to decide. That process is underway, and I refer you to the DNC on the question about the platform.
The president’s belief that DOMA ought to be repealed is well stated. I’m not aware of the status of the legislative efforts aimed at repeal, but the president certainly supports that and has for quite a long time. I would note that he opposed DOMA back in 1996 and has opposed it ever since.
Q: Why not repeal it?
Carney: He believes it should be repealed.
Q: But why doesn’t he push to repeal to it?
Carney: I said it every time I’ve been asked about the President’s record on the Defense of Marriage Act. I mean, it’s not a “why not” question, it’s a “yes, we know” answer.
Q: Jay, the President is saying that this is a — and the White House is saying this is a states’ issue now. But will the President be outspoken when these issues come up in states about whether they should pass or not?
Carney: I’m not going to speculate about what he may say or statements he might issue. He has on occasion made his position known on actions by individual states, most recently in North Carolina, and I’m sure that continues to be the case. That will continue to be the case.
But I can’t predict when that will take place or with regards to what state issue. The president believes it is a matter for the states. He personally believes that gay and lesbian Americans ought to be able to — who are in committed, loving relationships ought to be able to marry. But he also — and I think it’s important to note — is respectful of those who disagree. He, after all, traveled some distance to reach this personal decision, and he understands that the whole country has been considering this issue and struggling with it. And we’ve seen a remarkable evolution in the broader public with regards to LGBT rights in general, and specifically with regards to same-sex marriage.
Q: So if he respects people on the other side, why go after Romney?
Carney: You can respect somebody and strongly disagree. And he absolutely disagrees with efforts to — this is the distinction, Jim: He’s respectful of those who don’t agree with him on same-sex marriage. He vehemently disagrees with those who would act to deny Americans’ rights or act to take away rights that have been established in states. And that has been his position for quite a long time.
…
Q: Could you tell us — did he mention anything this morning at all about how he felt about the announcement yesterday or the impact it’s having so far?
Carney: I’m not going to read out internal discussions, but I think the President was glad to have the opportunity that he had yesterday to speak to the country about his views on this matter and about the journey he’s traveled on it — about the profound importance of equality, about the underlying principle that guided him as he came to this decision.
He cited the Golden Rule and the need to treat others as you would have them treat you. He spoke about sort of the three areas that affected him as he was dealing with this and thinking about it: conversations with friends and family and staff members, some of whom are in committed same-sex relationships. The effect that conversations he had with members of our armed services during the fight to repeal “don’t ask, don’t tell.” And certainly his observation of and consideration of the various ways that states have been grappling with this issue, which he spoke about during his interview.
And I think those — all of those went into the process for him — a process that was a very personal one, as he discussed yesterday in his interview.
Q: When did the president came to that conclusion? I mean, we know he said to Robin Roberts in their interview that he had already decided to publicly take this position. So did he come to the conclusion weeks ago, months ago? When was that evolution complete?
Carney: I don’t have a specific date for you. Like I said, this was a very — this was not a policy debate within the White House or the administration. This was a personal decision about his personal views. I think it’s fair to say that within the last several months he had come to the decision that he talked about yesterday and had concluded that he wanted to convey his views on this to the American people sometime in the next several weeks or months. It wasn’t going to be this week, but because of the considerable focus on the issue this week, the President decided it might as well be this week.
Q: What effect did your — the grilling you got Monday at the briefing have on his sense of expediting this? Did he say anything to you about it?
Carney: I think — part of my job, and I think it reinforced the fact that this had become an issue that was getting a great deal of attention and focus, but certainly not about me.
Federal Government
Treasury Department has a gay secretary but LGBTQ staff are under siege
Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency.
Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination.
“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”
The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”
At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.
But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs.
Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts.
“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees.
“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”
Some ERGs die by formal edict, others by a thousand cuts
Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”
“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”
One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”
The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.
Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.
“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”
Internal directories scrubbed, gender-neutral restrooms removed
Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”
With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”
Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.
Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.
“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”
LGBTQ staff lack support and work amid a climate of isolation
The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).
“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”
In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.
“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”
Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”
“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”
The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.
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

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.
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

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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