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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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National

Madonna turns Times Square into massive dance floor

Pop icon celebrates Pride month with surprise performance

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Madonna surprised New York fans with an impromptu show in Times Square. (Photo by Alex Antonioni; courtesy Warner Records)


Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.

She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”

In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream. 

Madonna performs in Times Square on Thursday. (Photo by Alex Antonioni; courtesy Warner Records)
(Photo by Ricardo Gomes; courtesy Warner Records)

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Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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