National
After action on immigration, will Obama move to protect LGBT workers?
White House says no executive order ‘at this time’
President Obama’s action last week protecting many young, undocumented immigrants from deportation has won praise in progressive circles — including among LGBT advocates — but the move raises a question: Can the LGBT community now expect that the previously denied administrative actions they’ve been seeking will come to fruition?
On Friday, the Obama administration announced that an estimated 800,000 young undocumented immigrants who were brought into the United States will be considered for relief from removal from the country if they meet certain criteria. Among the criteria is whether the person in question has a college education or has served in the military. Those criteria would have protected such immigrants from deportation had Congress passed the DREAM Act.
During remarks in the White House Rose Garden, Obama announced the policy change and said it was a means to keep talented people in the United States.
“As I said in my speech on the economy yesterday, it makes no sense to expel talented young people, who, for all intents and purposes, are Americans — they’ve been raised as Americans; understand themselves to be part of this country — to expel these young people who want to staff our labs, or start new businesses, or defend our country simply because of the actions of their parents — or because of the inaction of politicians,” Obama said.
Excitement among immigration rights advocates ensued and hundreds of young people swarmed the White House to rally in support of the president’s action. And this praise was echoed by LGBT rights advocates.
Rea Carey, executive director of the National Gay & Lesbian Task Force, was among those who praised the move.
“We applaud the Obama administration for taking this monumental and inspiring step,” Carey said. “It shows true leadership. It is heartening to know that hundreds of thousands of young people will no longer have to live in daily fear of being forced out of the country, away from the life and dreams they have built.”
But the policy change marks a turnabout for the administration, which had previously stated it wanted legislative action on the DREAM Act as opposed to pursuing executive action.
In September remarks before the Congressional Hispanic Caucus Institute’s annual gala, Obama talked about wanting Congress to take action on the DREAM Act
“I wish I had a magic wand and could make this all happen on my own,” Obama said. “There are times where — until Nancy Pelosi is speaker again — I’d like to work my way around Congress. But the fact is, even as we work towards a day when I can sign an immigration bill, we’ve got laws on the books that have to be upheld.”
To be fair, Obama didn’t completely rule out executive action on the DREAM Act at the gala. Saying “how we enforce those laws is also important,” the president noted the Department of Homeland Security is taking common-sense steps for immigration enforcement.
But the remarks should ring a bell. They’re along the lines of similar talking points that administration officials have expressed in regard to actions sought by the LGBT community. Now that the administration has taken action to help young, undocumented immigrants, will it reconsider its position on those other actions?
Perhaps the most high-profile outstanding request of the administration is an executive order requiring contractors doing business with the federal government to have employment non-discrimination policies inclusive of sexual orientation and gender identity. In April, the White House announced it wouldn’t take such action at this time and was opting instead for a legislative solution.
Felipe Matos, GetEQUAL’s national field director and a gay, undocumented immigrant, said last week following the announcement that he’s happy with Obama’s action, but wants to see more efforts on employment non-discrimination.
“I’m still reeling from the news and overjoyed by the announcement — but my heart has just enough room in it for another executive order,” Matos said. “It’s my hope that President Obama will make today especially historic by signing another executive order — one that will guarantee that I have the right to work freely and openly as an immigrant, but also as a gay American.”
Questions about why Obama chose to take administrative action on the immigration issue and not on the issue of LGBT workplace discrimination were asked even in Republican circles.
Richard Grenell, who’s gay and was briefly a foreign policy spokesperson for the Romney campaign, criticized Obama following the immigration announcement — reiterating a previously stated belief that Obama is playing politics with the LGBT community.
“President Obama obviously made a calculated political move to NOT give an executive order for ENDA,” Grenell said in an email to the Blade. “It’s painfully evident that the president doesn’t think gays are equal, he just thinks they are his solid and sure voting bloc and will treat us in raw political terms. Both parties, sadly, play politics with an issue that is about equality.”
For his part, Romney is facing his own political problems as a result of the DREAM Act administrative action. While taking a hard line on immigration during the Republican primary and saying he’d veto the DREAM Act, Romney has refused to say following Obama’s move whether he’d undo the action if elected president.
Despite these calls, the administration hasn’t changed its line on LGBT employment non-discrimination policy in the wake of the immigration policy.
Shin Inouye, a White House spokesperson, said nothing has changed in the administration’s position, reiterating that the directive won’t happen “at this time.”
“As has been previously stated, while it is not our usual practice to discuss executive orders that may or may not be under consideration, an order on LGBT non-discrimination for federal contractors will not be issued at this time,” Inouye said.
Another request of the administration is meant to protect bi-national same-sex couples from separation. Straight Americans can marry their foreign spouses to protect from deportations, but the same option isn’t available to gay Americans because of DOMA.
LGBT immigration rights groups have been asking the Department of Homeland Security to hold in abeyance the marriage-based green card applications for foreign nationals in same-sex relationships. The administration has said consistently in response to requests for this action that it plans to continue to enforce DOMA while it’s on the books.
Rachel Tiven, executive director of Immigration Equality, called the immigration announcement “great news for our country” and said it would protect gay foreign nationals in same-sex couples if they qualify for relief under the DREAM Act. Still, she called for additional action.
“No person should face forcible separation from their families, regardless of their age,” Tiven said. “That is why the White House should follow today’s announcement with a proposal to extend that same relief to immigrants with U.S.-citizen partners and spouses across the board. Keeping families together is good policy, and all families, including those that are LGBT, should have the support of the president in the form of a similar policy.”
Lavi Soloway, co-founder of Stop the Deportations, said he celebrates the move but wants additional action from the administration for bi-national couples in the wake of decisions from six federal courts finding DOMA unconstitutional.
“Every day these couples worry that they will be torn apart or forced into exile in order to stay together,” Soloway said. “This administration has said that denying green cards to the spouses of gay and lesbian Americans is a violation of the equal protection guarantee of the U.S. Constitution, but has not taken the steps necessary to mitigate the discriminatory impact of DOMA in this area.”
The actions that Soloway is seeking are: ordering an immediate moratorium on deportations of the foreign partners of gay Americans; providing temporary parole to the partners, spouses and children of gay Americans who are stuck outside the United States so that these families can be reunited; and putting on hold all “green card” petitions filed by gay Americans for their spouses.
Peter Boogard, a DHS spokesperson, reiterated that it will continue to enforce DOMA when asked about holding marriage-based green cards in abeyance.
“Pursuant to the attorney general’s guidance, the Defense of Marriage Act remains in effect and the executive branch, including the Department of Homeland Security, will continue to enforce it unless and until Congress repeals it, or there a final judicial determination that it is unconstitutional,” Boogard said.
But recent news may be an indication that the Obama administration is changing its tune. In recent weeks, the Board of Immigration Appeals has rejected the denial of green card petitions issued by U.S. Citizenship and Immigration Services in the cases filed by four married, gay couples who live in in Florida, New York, Pennsylvania and Canada.
In all cases, the BIA ordered the USCIS to conduct further inquiry to determine if these marriages are legally valid and whether if not for DOMA, the spouse would qualify for a green card.
In one case, the ruling re-opened removal proceedings for the spouse of a gay American who is facing an outstanding deportation order. According to Soloway, who’s handling the cases, the Board of Immigration Appeals has never before re-opened removal proceedings or remanded green card petitions back to USCIS after denials based solely on DOMA.
The Justice Department didn’t immediately respond to a request for comment.
LGBT advocates say they’ll continue to press forward. Speaking with the Washington Blade earlier this week, Chad Griffin, the new president of the Human Rights Campaign, commended Obama for taking action on immigration and said HRC will push forward when asked about these LGBT-related issues.
“HRC has been supportive of the DREAM Act for a long time,” Griffin said. “The president made an important step recently in the last week in what he announced and we have more to accomplish on some things that HRC will continue to voice our concern on.”
Tennessee
Ogles faces bipartisan backlash over anti-gay social media post
Tenn. congressman blamed the comment on staffer
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.
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
