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Experts debate impact of Obama’s marriage support

Examining social, political and legal implications of announcement

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President Obama’s endorsement of marriage equality last week has been heralded as a milestone that inspired and exhilarated LGBT people throughout the country. Now, the practical implications of his words are being analyzed and debated by supporters.

LGBT advocates and political observers have different views on the social, political and legal ramifications of the announcement as they agreed that Obama becoming the first president to support marriage equality was historic in nature.

Richard Socarides, a gay New York attorney who advised former President Clinton on LGBT issues, said the cultural implications of Obama’s endorsement of same-sex marriage are substantial because it marks “a very positive” turning point on LGBT rights.

“I think having the president on record in favor of this goal is very important, and I think it will help shape the discussion that we’re having as a country about this, and I think it’ll help it in a very positive direction,” Socarides said.

Jeff Krehely of the Center for American Progress (Blade photo by Michael Key)

Jeff Krehely, vice president for LGBT programs at the Center for American Progress, said the social implications of Obama’s announcement are huge because the endorsement triggered conversations and additional support for marriage equality that otherwise wouldn’t have happened.

“That has a huge impact on the country on the issue, and the lives of gay people, too, who hear something that is very clear and very reassuring and very welcomed,” Krehely said.

Krehely noted Obama’s announcement inspired other noteworthy people — ranging from Democratic leaders like Steny Hoyer (D-Md.) and Jim Clyburn (D-S.C.) to celebrities like Will Smith and Jay-Z — to voice their support for marriage equality.

“The president’s leadership matters, and we’re seeing that now in the number of people from a wide variety of backgrounds who are now also coming out with their support of marriage,” Krehely said. “I think more than anything, it has completely mainstreamed the issue.”

Questions remain about how Obama’s endorsement will impact states that are deciding the issue. In as many as four states this fall — Minnesota, Maine, Washington and Maryland — residents will vote on ballot initiatives related to same-sex marriage.

Krehely said Obama’s endorsement should have a positive impact.

“I think the president’s leadership on the issue has definitely mainstreamed it, and created a conversation in a lot of quarters that might not be having this conversation, and, I think, at the end of the day, that’s very good for the state fights and for DOMA repeal in Congress as well,” Krehely said.

During the interview in which he announced his support for same-sex marriage, Obama maintained the issue should be left to the states, saying, “I continue to believe that this is an issue that is gonna be worked out at the local level, because historically, this has not been a federal issue, what’s recognized as a marriage.”

The Obama campaign has previously weighed in against anti-gay marriage ballot initiatives in states like North Carolina and Minnesota. That took place even before the announcement in favor of same-sex marriage because Obama’s previous position was that he was opposed to discriminatory efforts directed at gay couples.

Should the LGBT community expect more Obama involvement in state battles? Will the president’s support for marriage equality mean he’ll speak out for the pro-marriage equality side in Maine, Maryland and Washington State?

These questions aren’t restricted to ballot initiatives, but also future legislative fights on same-sex marriage. In a state like Illinois, which could advance same-sex marriage legislation next year, would the voice of a president who represented the state in the U.S. Senate be helpful?

Krehely said it should be up to state organizations running the campaigns to determine if they want Obama’s voice and reach out to the White House if they deem that helpful, but said it may not be beneficial in some circumstances if they don’t want the president to “parachute” into the fray.

“I think, smartly, the White House could be hugely helpful in those state fights, and they weighed in on a number of the ballot campaigns even before his announcement, so I’m assuming that their appetite for doing that kind of state level work remains, if it’s not growing stronger,” Krehely said.

Socarides said the president should focus on winning the election — as well as picking up Democratic seats in Congress.

“It’s going to fall to us and to organizations in those states to wage successful campaigns in each of those places,” Socarides said. “I suspect that what the president has already done will be helpful, and there may be things he can do along the way, but winning those battles is primarily going to be our responsibility.”

Last week, White House Press Secretary Jay Carney declined to say whether Obama would speak out on legislative and ballot fights over same-sex marriage when asked by a reporter during a press gaggle abroad Air Force One.

“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.”

Another lingering political question is whether Obama’s endorsement of same-sex marriage will benefit or jeopardize his chances for re-election when he goes up against presumptive Republican presidential nominee Mitt Romney, who opposes same-sex marriage.

Backing marriage rights for gay couples may energize progressive and LGBT voters, but it remains to be seen how it will play out in battleground states like Ohio, Pennsylvania and Colorado.

Larry Sabato, a political scientist at the University of Virginia, said he thinks the election will overwhelmingly be decided by the economy, but acknowledged some voters will factor same-sex marriage into their decision.

“Overall, I think the ‘red’ states got redder and the ‘blue’ states got bluer,” Sabato said. “Many Democrats are more committed to Obama as a result, and many Republican evangelical voters, who were unexcited about Romney before this, are now 100 percent committed to him — if only to oust Obama.”

In part because of the marriage issue, Sabato said some states that were once considered battlegrounds — Missouri, North Carolina and Indiana — are now quite likely in Romney’s column, but the decision might help Obama in the battleground states of New Hampshire and Colorado.

But Sabato said he’s basing his calculations on evangelical populations in those states and the money that Obama will likely raise from his announcement in favor of same-sex marriage will benefit him in the election.

“Perhaps Obama’s decision helps him raise many millions more, which are then used for TV ads to persuade swing state voters on the economy,” Sabato said. “The calculus is more complicated than it seems.”

According to a Reuters/Ipsos poll published Tuesday, Obama’s support for marriage equality is helping him and hurting him in equal measure — much like the country’s nearly even split for and against same-sex marriage. Thirty-one percent of Americans have a higher opinion of Obama because of his support while 30 percent view him less favorably, according to the poll.

Richard Socarides (Blade file photo by Michael Key)

Socarides said the president’s endorsement of same-sex marriage will on the whole be positive because it fits well within Obama’s campaign theme of moving the country “forward.”

“He is a forward looking leader who, although deliberative, is willing to stake out policy positions that are forward leaning,” Socarides said. “I think to do otherwise would have really not been helpful. I think that you cannot position yourself as a forward-thinking leader when you have an extremely muddled position on one of the most important policy issues of the day.”

The impact of Obama’s endorsement will also likely be felt in the legal arena. The Justice Department stopped defending the Defense of Marriage Act against challenges in court last year, and Obama said last week that his support of same-sex marriage was his personal view without talking too much about legal implications.

Some legal observers believe Obama’s announcement in favor of same-sex marriage could lead the administration to intervene on behalf of federal marriage equality lawsuits — particularly if that litigation reaches the Supreme Court.

The most high-profile of these cases in support of same-sex marriage is the Perry v. Brown lawsuit challenging California’s Proposition 8 that is pending before the U.S. Ninth Circuit Court of Appeals.

Socarides expressed confidence that the Obama administration would intervene in a marriage equality case that reaches the Supreme Court, saying if the president supports same-sex marriage, it stands to reason marriage rights for gay couples are constitutionally protected.

“I’m optimistic that despite the president’s statement that he thinks the issue will be played out on the state level for a while, given everything that’s come before this, especially the Justice Department’s position in the DOMA cases, that the government will come into these cases at some point and being willing to assert a federal constitutional right to marriage equality,” Socarides said.

By this time next year, Socarides predicted the federal government would be on record in court that it believes the U.S. Constitution guarantees marriage equality and that the government will file friend-of-the-court briefs in those cases.

Douglas NeJaime, who’s gay and a law professor at Loyola Law School, said the Obama administration weighing in on a Supreme Court case wouldn’t necessarily have much impact.

“One could imagine that if a same-sex marriage case like Perry makes it up to the Supreme Court that the administration could weigh in,” NeJaime said. “That would be important, but there’s no reason that that would necessarily happen, nor that it would be particularly influential.”

NeJaime also said Obama’s support for same-sex marriage “has a huge rhetoric” that could influence the arguments of attorneys in court.

“It disables the anti same-sex marriage lawyers to some extent because they’ve been able to use what the president has said as a way to bolster the reasonableness of their position, and now that seems less plausible,” NeJaime said.

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Remembering the LGBTQ heroes of 9/11 terrorist attacks

25 years later, ‘the heartbreak remains strong’

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The scene near the collapsed towers on Sept. 11, 2001. (Photo by Anthony Correia/Bigstock)

Many in the LGBTQ community in the D.C. area and throughout the country were expected to join friends, co-workers, and family members this week in commemorating the 25th anniversary of the Sept. 11, 2001, terrorist attacks on the New York World Trade Center’s Twin Towers and on the Pentagon just outside D.C. as well as the jetliner hijacking that ended in a fatal crash in an open field in Shanksville, Pa.

A total of 2,996 people died in the 9/11 attacks, including 19 terrorists who hijacked four jetliners whose passengers included Americans and citizens of many other countries.

Activists involved with local and national LGBTQ advocacy organizations recall witnessing a coming together of LGBTQ people and their co-workers, neighbors, and family members to support one another during a time of unimaginable horror and grief.

Among those who lost their lives in the 9/11 terrorist attacks was American Airlines co-pilot David Charlebois, an out gay man and member of the Gay Pilots Association, who was on American Airlines Flight 77, which the terrorists crashed into the Pentagon.

The Pentagon on the morning of Sept. 11, 2001, approximately 10 minutes after terrorists flew American Airlines flight 77 into the building killing 184 people. (Screen capture via YouTube Archival news footage)

Also among the terrorist victims in the 9/11 attacks was gay public relations executive and rugby enthusiast Mark Bingham of San Francisco, who was among several passengers of the hijacked United Airlines jet who reportedly stormed the cockpit to regain control of the jetliner before one of the hijackers crashed the jet into the countryside in rural Pennsylvania.

The jet had taken off from Newark, N.J. with its destination being San Francisco. Investigators learned the hijackers turned the plane around and were heading to Washington, D.C., with plans to crash it into the White House or the U.S. Capitol.

The passengers, including Bingham, who stormed the cockpit and were among the 44 passengers and crew who lost their lives in the crash are credited by investigators and family members and friends with saving the lives of hundreds of others if the hijackers succeeded in crashing into the White House or Capitol.

Among the other LGBTQ people known to have lost their lives in the 9/11 attacks was Father Mychal Judge, 68, a gay Franciscan priest who served as a Catholic chaplain for the New York City Fire Department. According to the National Catholic Reporter, Judge rushed to the scene of the World Trade Center shortly before the Twin Towers collapsed. He was fatally struck by debris falling from the south tower while giving last rites to a fallen firefighter, the Catholic publication reported. 

“He was a decent, wonderful human being,” said New York gay journalist Andy Humm, who had interviewed Judge for LGBTQ-related stories prior to the 9/11 attacks. “I saw him at many demonstrations for gay and AIDS causes, showing up in his Franciscan monk’s cassock,” Humm told the Washington Blade five years ago at the time of the 9/11 20th anniversary. “And he was equally beloved by the fire department, there at every major fire tragedy in the city, lending moral support to firefighters,” Humm said.

Francis DeBernardo, executive director of New Ways Ministries, a Maryland-based LGBTQ Catholic group that advocates for LGBTQ supportive policies within the church, reported five years ago that his group was supporting an effort to call on the Catholic Church to officially recognize Fr. Judge as a saint by canonizing him. But DeBernardo told the Blade this week that those efforts failed to obtain the needed support from various Catholic entities, including the Franciscan Order of Friars Minors, of which Judge was affiliated, ending efforts to canonize Judge as a saint. 

DeBernardo has written a book about Judge’s life and legacy published in 2023 called “Mychal Judge:Take Me Where You Want Me to Go.” 

Among the other widely reported LGBTQ victims of the 9/11 terrorist attacks were a gay couple from California, Daniel Brandhorst and Ronald Gamboa, and their adopted son, David, who were among those who died aboard the United Airlines flight that crashed in Pennsylvania. The Los Angeles Times reported that Brandhorst, an attorney, and Gamboa, the manager of a Santa Monica Gap store, had adopted three-year-old David when he was an infant.

For many LGBTQ residents of New York and the D.C. area, the suffering over the loss of loved ones, including same-sex partners, was heightened a short time later when they learned they were initially ineligible for local and federal programs aimed at providing financial assistance to survivors of the 9/11 attack victims because same-sex couples were not legally recognized. 

At the urging of LGBTQ rights organizations, state and local officials in the New York and the D.C. area took steps to address the initial denial of financial support for surviving same-sex partners In programs under their control. Officials with a massive federal aid program for 9/11 survivors, however, said they did not have legal authority to authorize payments to same-sex partners. 

The officials, in the administration of then-President George W. Bush, said the best they could do would be to leave it up to local authorities to determine whether state probate laws would recognize a same-sex partner as a family member for eligibility in the federal aid program for 9/11 survivors, many of whom lived in states outside the New York and D.C. area.

Nicole Nava, a spokesperson for the September 11th Victim Compensation Fund, a federally funded program established to compensate for physical harm or death caused by the 9/11 terrorist attacks, including support for surviving family members, said she would inquire into whether same-sex surviving partners were being supported under that program in subsequent years in response to a request from the Washington Blade.

Jenny Pizer, an attorney for the LGBTQ litigation group Lambda Legal, which supported LGBTQ partner survivors of victims of the 9/11 attacks, said the information she and her organization had showed that many if not most of the LGBTQ partner survivors were unable to obtain the federal Victim Compensation Fund payment benefits that married heterosexual spouses obtained. She said she didn’t have a definitive answer on whether some LGBTQ surviving partners were compensated.

However, at least one case where an LGBTQ partner was compensated was reported by the Washington Post in a Jan. 22, 2003, news story about Peggy Neff, the lesbian partner of 18 years of Sheila Hein, 51, a civilian employee at the Pentagon, who was killed when the terrorist hijacked jetliner crashed into the Pentagon.

The Post reported that the Sept. 11 Victim Compensation Fund, under the leadership of its director, Kenneth Feinberg, approved an award of $557,390 for Neff in compensation for the loss of her partner. The Post story quoted a spokesperson for the Human Rights Campaign as saying, “It is our sincere hope that this signals that other gay families who have suffered the loss of a loved one will be treated similarly.”    

The compensation program, which is operated by the U.S. Department of Justice, remains in operation until 2090. The Blade will report on any additional similar awards for LGBTQ surviving partners if Nava provides such information.    

Events commemorating the 25th anniversary of the 9/11 attacks were scheduled to take place this week at memorial sites honoring the 9/11 victims located outside the Pentagon in Arlington, Va., at the site of the World Trade Center Twin Towers in New York City, and the site of the jetliner crash in Shanksville, Pa., which is operated by the U.S. National Park Service.

The U.S. Congress in 2017 and 2021 approved separate bills signed by President Donald Trump during his first term in office and President Joe Biden creating the Global War on Terrorism Memorial and its construction, to be built on the National Mall in Washington, D.C. that’s scheduled to be completed in 2028.     

The memorial, to be located near the Lincoln Memorial and Vietnam Veterans Memorial close to 23rd Street and Constitution Avenue, N.W., is intended to honor people who served and were lost in the wars and counterterrorism operations that followed the 9/11 attacks, including U.S. military operations in Iraq and Afghanistan.     

Longtime LGBTQ rights advocate Jay Fisette, who at the time of the 9/11 attacks held the elected position of chair of the Arlington County Board, which serves as the county’s governing body, was among the Arlington officials that came to the Pentagon’s grounds in Arlington to oversee efforts by firefighters to rescue Pentagon workers on the day of the attack. 

At an Oct. 7, 2001, 9/11 Day of Remembrance and Appreciation ceremony held in Arlington, Fisette expressed the views of many in the community in response to the 9/11 attacks.

“Tonight, our community gather as a family,” he told the gathering. “We gather in sorrow and in disbelief, in remembrance and appreciation,” he said. “But we come here, too, with resolve and pride. We come together as Arlingtonians who love our country, as Americans who love our country,” he said.

“Our enemies may hurt our bodies and destroy our buildings, but they will never defeat our determination to make this a world of peace and a community in which our children grow up safe and secure,” Fissette said. 

Although some of the same-sex partners of those killed in the 9/11 attacks faced obstacles in obtaining financial support through the federal 9/11 relief program, Tom Hay, the surviving partner of 14 years of American Airlines pilot David Charlebois was treated with respect and honor by American Airlines officials and colleagues at Charlebois’s funeral mass at D.C.’s St. Matthew Cathedral. 

More than a dozen uniformed company pilots and flight attendants attended the mass. And a press release issued by American Airlines mentioned Charlebois’s relationship with Hay and told how Hay stood with Charlebois when Charlebois advocated for equal rights for LGBTQ people in the airline industry through his involvement with the National Gay Pilots Association.

“David was an early member of the NGPA,” the American Airlines statement said. “His contribution helped ensure ongoing progress toward fairness and solidarity.” 

Activists in New York have said the 9/11 attacks drew attention to the need for legal protections for same-sex couples, including the need for recognition of same-sex marriage, which the U.S. Supreme Court legalized nationwide in its landmark ruling in 2015.

But LGBTQ advocates in New York pointed to the difficulties LGBTQ surviving partners faced when desperately seeking to find out if a partner had survived at the site of the World Trade Center attack where the Red Cross and other emergency relief agencies set up a station near the site of the attack. 

“Literally, gay people had to go there, turn around, go back home, and get some paperwork that spouses didn’t have to get to prove a relationship existed,” said Ross Levi, who at the time served as executive director of the New York LGBTQ advocacy group Empire State Pride Agenda.

“You were nervous and scared and sad and then you had to go through that,” Levi told the Blade in 2011 at the time of the 10-year anniversary of the 9/11 attacks. “And worse yet, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”

Activists said New York City and New York State officials quickly recognized the inequities faced by same-sex partner survivors and took steps to change polices and laws to correct the situation. Among other things, New York’s then-Gov. George Pataki (R) issued an executive order in October 2001 that included surviving partners of gay and lesbian victims of the World Trade Center attacks in receiving full spousal benefits from the state’s Crime Victims Board.

In a separate development, the LGBTQ litigation group Lambda Legal, ESPA, the Human Rights Campaign, and other LGBTQ advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some support to surviving same-sex partners who were ineligible for help from the federal relief fund program. 

“The terrorist attack on September 11th is a tragedy that touched every American, impacting people and families from all walks of life,” Jonathan Lovitz, the Human Rights Campaign’s Senior Vice President for Campaigns and Communications told the Blade in a statement this week.

“As in all moments in American history, LGBTQ+ Americans were there, and feel the impact of this day,” he said. “As we remember the lives lost 25 years later, the heartbreak remains strong and the work to ensure that every person can live safe from violence in this country continues.”

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2026 Midterm Elections

Chris Pappas wins NH Democratic Senate primary

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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U.S. Rep. Chris Pappas (D-N.H.) speaks at the LGBTQ+ Victory Fund's 2025 National Champagne Brunch in D.C. (Washington Blade photo by Michael Key)

New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.

Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.

The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.

“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement. 

She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.

“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”

poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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Georgia

Everton Blair makes history as first openly gay congressman from Ga.

Former Gwinnett County Board of Education member to serve remainder of David Scott’s term

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Everton Blair, Jr. (Photo courtesy of Blair's campaign website.)

Georgia made history last week when Everton Blair, Jr., was sworn into the U.S. House of Representatives, becoming the state’s first openly LGBTQ member of Congress and the latest LGBTQ addition to the chamber.

Blair, who represents Georgia’s 13th Congressional District, was sworn in on Sept. 1 after winning a special election to fill the vacancy left by the late-Congressman David Scott. Blair defeated Marcye Scott, the late congressman’s daughter, in the Aug. 25 runoff, winning 53.2 percent of the vote to Scott’s 46.8 percent.

He will serve the remainder of Scott’s term through Jan. 3, 2027. Blair is not running in the November general election for a full term.

Blair brings a progressive platform to Congress.

The 34 year-old supports Medicare for All, a Green New Deal, raising the minimum wage, and universal gun background checks. His campaign platform also included positions on LGBTQ rights, reproductive freedom, workers’ rights, climate, and gun violence.

Since joining the House, Blair has joined the Congressional Black Caucus and Congressional Progressive Caucus. He is also a co-chair of the Congressional Equality Caucus.

Before joining the House, Blair served on the Gwinnett County Board of Education, where he became the first Black member and youngest-ever member elected to the board, as well as its first openly gay member. He was later unanimously selected as chair.

Blair also served as a fellow in President Barack Obama’s White House Initiative on Educational Excellence that focused on improving academic outcomes and expanding opportunities for minority students.

The son of Jamaican immigrants, Blair was born and raised in Georgia’s 13th Congressional District. He earned a bachelor’s degree in applied mathematics from Harvard University, a master’s degree in policy, organization, and leadership from Stanford University, and a Doctor of Education Leadership degree from Harvard.

Blair’s campaign received endorsements from a number of organizations, including the LGBTQ+ Victory Fund and progressive Democratic groups such as Future Democrats.

The Equality PAC, a political action committee dedicated to electing openly LGBTQ candidates to office, celebrated Blair’s victory and provided a statement to the Washington Blade about the historic nature of his election.

“This is a historic election for Georgia, the South, and our entire country,” Equality PAC said in an email. “Everton Blair brings a strong record of public service and a deep commitment to making government work for working families.”

The group said Blair would “fight to lower costs, expand access to quality health care, create economic opportunity, and ensure every community has a voice in Washington.”

“At the same time, Everton understands the importance of standing up for equality and defending the rights and freedoms of LGBTQ Americans and every community facing discrimination,” Equality PAC said. “His historic election as Georgia’s first openly LGBTQ Member of Congress and the first openly LGBTQ man elected from the South is a powerful reminder of how far our country has come — and how much work remains.”

Equality PAC said it was “proud to welcome Everton to the House” and looked forward to working with him.

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