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Hagel nomination controversial in LGBT community

Some seek reassurances during confirmation proceedings

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Leon Panetta, Chuck Hagel, Barack Obama, White House, Secretary of Defense, Washington Blade, gay news

President Obama nominates Chuck Hagel and John Brenner to high-level administration positions (Washington Blade photo by Chris Johnson)

President Obama officially announced on Monday he would nominate former Sen. Chuck Hagel for defense secretary, a move that has stirred controversy in the LGBT community.

Obama appeared with Hagel in the East Room of the White House to name the Nebraska Republican as his choice — calling him “the leader that our troops deserve” and praising him for his service as a U.S. senator and Vietnam veteran — in addition to nominating John Brennan as director of the Central Intelligence Agency.

“Chuck Hagel’s leadership of our military would be historic,” Obama said. “He’d be the first person of enlisted rank to serve as Secretary of Defense, one of the few secretaries who have been wounded in war, and the first Vietnam veteran to lead the department.  As I saw during our visits together to Afghanistan and Iraq, in Chuck Hagel our troops see a decorated combat veteran of character and strength.”

Obama also alluded to outstanding work at the Pentagon on LGBT issues without enumerating any specific initiatives, saying the nation must move toward “continuing to ensure that our men and women in uniform can serve the country they love, no matter who they love.”

Hagel made no reference to LGBT issues during his remarks, but more generally said he was grateful to have another opportunity to serve the country as well as “men and women in uniform and their families.”

“These are people who give so much to this nation every day with such dignity and selflessness,” Hagel said. “This is particularly important at a time as we complete our mission in Afghanistan and support the troops and military families who have sacrificed so much over more than a decade of war.”

The news was met with varied reactions in the LGBT community — ranging from full support to outright opposition — based on Hagel’s anti-gay record and lingering inequities faced by LGBT service members.

First, there are the anti-gay remarks that Hagel made in 1998 about James Hormel, whom the senator referred to as “openly, aggressively gay” in remarks published in the Omaha World-Herald while questioning his ability to serve as a U.S. ambassador to Luxembourg. A U.S. senator representing Nebraska from 1997 and 2009, Hagel also had a poor record on LGBT issues. He voted for the Federal Marriage Amendment in 2004, but didn’t cast a vote in 2006.

Just last month, Hagel delivered an apology to media outlets over his 1998 remarks, saying he backs open service and is “committed to LGBT military families.” Major LGBT groups like OutServe-SLDN and the Human Rights Campaign quickly accepted the apology.

But questions linger on outstanding LGBT issues at the Pentagon. Gay service members still aren’t afforded partner benefits offered to straight troops in the U.S. military  — such as joint duty assignments, issuance of military IDs, use of the commissary and family housing — which could be changed administratively at any time even with the Defense of Marriage Act in place. Pentagon officials have said they’ve been looking into this issue since the time “Don’t Ask, Don’t Tell” was lifted in September 2011, but no action has been taken. Another lingering issue is the prohibition on openly transgender service in the military — another problem that could be changed administratively.

Baldwin seeks answers on Hagel

Lesbian Sen. Tammy Baldwin (D-Wis.), who after being sworn in last week as the first openly gay senator, will be faced with voting on whether to confirm Hagel, told MSNBC’s Andrea Mitchell on Monday that she plans to “ask some tough questions, to give a thorough review and to be fair.”

“But I do want to speak with him … to see if his apology is sincere and sufficient,” Baldwin said. “I want to hear how he’s evolved on this issue in the last 14 years because the significance to the post to which he’s been nominated is the respect for now openly gay members of the military … We need to see [repeal of Don’t Ask, Don’t Tell] implemented successfully especially because the security of this nation is at stake.”

Another group seeking additional information from Hagel is the National Gay & Lesbian Task Force, which issued a statement on Monday expressing concerns about the nomination.

Rea Carey, the Task Force’s executive director, called on Hagel to address how he’d advance LGBT issues at the Pentagon — as well as abortion rights for female service members — during his upcoming confirmation hearings before the Senate.

“We continue to express our concerns about the nomination of former Sen. Chuck Hagel as secretary of defense due to his poor track record on LGBT equality and reproductive rights,” Carey said. “Though Chuck Hagel has recently apologized for past anti-gay remarks, we expect him to fully explain his views during the confirmation process and what steps he intends to take as defense secretary to demonstrate his support for LGBT members of the military and their families.”

Another group that’s seeking a specific action from Hagel — after initially accepting the senator’s apology — is OutServe-SLDN, which issued a statement calling for a plan on partner benefits and non-discrimination policies.

Allyson Robinson, OutServe-SLDN’s executive director, said she wants Hagel to expand on what he means by being “committed to LGBT military families” by articulating policy plans on these issues.

“A commitment to support LGBT service members and their families must be a commitment to action,” Robinson said. “It’s past time to extend all benefits available to married same-sex military couples and families while the so-called Defense of Marriage Act is still on the books. It’s past time to put in place military equal opportunity and nondiscrimination protections so that all qualified Americans who wish to serve this nation in uniform may do so without fear of harassment or discrimination.”

The Human Rights Campaign, the nation’s largest LGBT group, has been relatively silent on the Hagel nomination after accepting Hagel’s apology a couple weeks ago and issued no public news statement on the day of the announcement.

Fred Sainz, HRC’s vice president of communications, said in response to an inquiry from the Washington Blade that his organization is looking to hear more from Hagel during the confirmation hearings without offering an explicit position on the nomination.

“The next secretary of defense will be critical to the implementation of ‘Don’t Ask, Don’t Tell’ repeal,” Sainz said. “We look forward to Senator Hagel’s testimony on how he intends to end the discriminatory behavior against gay and lesbian service members’ families.”

White House says Hagel values inclusion

The White House has responded to LGBT concerns about Hagel’s record through its chief advocate handling LGBT issues — Senior Adviser to the President Valerie Jarrett — who addressed the issue on Monday in a blog posting on the White House website.

“The President is fully committed to ensuring that all of our service members and military families are treated equally,” Jarrett writes. “He is confident that, as Secretary of Defense, Senator Hagel will ensure that all who serve the country we love are treated equally — no matter who they love.”

Noting that Hagel issued an apology for the remarks and expressed a commitment to LGBT military families, Jarrett said “one of the great successes of the LGBT civil rights movement” is providing people the opportunity to evolve on those issues.

“The President would not have chosen him unless he had every confidence that, working together, they will continue to ensure that our military and DOD civilian workforce are as welcoming, inclusive, and respectful as possible,” Jarrett concluded.

A White House spokesperson didn’t respond to a request for comment on whether Hagel would lay out more specific plans during his confirmation process to address outstanding issues regarding benefits or non-discrimination policies.

Former gay Rep. Barney Frank appeared to have a change of heart on Hagel. In an interview with the Boston Globe on Monday, Frank reversed his earlier stated opposition to the former senator’s confirmation as defense secretary, saying he was initially hoping Obama wouldn’t nominate him.

“As much as I regret what Hagel said, and resent what he said, the question now is going to be Afghanistan and scaling back the military,” Frank was quoted as saying. “In terms of the policy stuff, if he would be rejected [by the Senate], it would be a setback for those things.”

Frank, who’s now vying for an appointment as interim U.S. senator of Massachusetts, also reportedly said, “With the attack coming out of the right, I hope he gets confirmed.” If appointed to the Senate seat, Frank would be in a position to vote on the confirmation.

Perhaps the strongest support in the LGBT community in favor of the nomination came from Rick Jacobs, chair of the California-based progressive grassroots organization known as the Courage Campaign, who declared his support for Hagel in a column for The Huffington Post.

“Chuck, like most Americans, has evolved has changed his views on homosexuality,” Jacobs said. “He gave his word that as DoD chief he supports the law, that openly gay and lesbian soldiers will be treated equally to ‘straight’ ones. Remember when the Commandant of the Marine Corps opposed repeal of [‘Don’t Ask, Don’t Tell’] and then when it passed said the Marines would implement it better than any other branch?”

Speaking with the Blade, Jacobs also said he’d like to see Hagel address outstanding LGBT issues at the Pentagon during his upcoming confirmation hearings.

“It would be great to have that addressed as we move forward,” Jacobs said. “It’s a good idea; we should do that. The more we can discuss openly the policies and implementation of policies to make equal LGBT people in service, the better off we are.”

Jacobs told the Washington Blade he hadn’t spoken to any groups prior to writing his column urging him to come out in support of the Hagel nomination.

On the other end of the spectrum is the Log Cabin Republicans. For the second time, the organization on Monday published a full-page ad in a major newspaper opposing the Hagel nomination. The ad, which follows a similar one published in the New York Times last month, is titled “Chuck Hagel’s Record on Gay Rights” and offers a timeline of remarks on LGBT issues made by Hagel.

In addition to the 1998 anti-gay remarks against Hormel, the ad also notes Hagel has expressed support for DOMA and says in 2005, when a federal judge in Nebraska determined the state’s ban on same-sex marriage was unconstitutional, Hagel opposed the decision, saying, “I am hopeful the federal appeals court will recognize the rights of Nebraskans to determine their own laws governing marriage and reverse this decision.”

Gregory Angelo, Log Cabin’s interim executive director, said his organization continues to oppose Hagel after examining the “‘totality’ of his public record on gay rights.”

“Until his name surfaced as a potential nominee for Secretary of Defense, he has stood firmly and aggressively against not only gay marriage, but also against gay people in general,” Angelo said. “Log Cabin Republicans helped lead the charge to repeal Don’t Ask, Don’t Tell and is extremely invested in seeing that we don’t lose any ground due to a lack of sincere commitment to gay people and their families on the part of the incoming Defense Secretary.”

The move by Log Cabin raised questions about how a small organization can afford to buy full-page ads in major newspapers amid speculation that neo-conservative opponents of Hagel are influencing the group. Additionally, Log Cabin applied a different standard to 2012 Republican presidential nominee Mitt Romney by endorsing the candidate even though he backed a Federal Marriage Amendment.

Speaking to the Blade, Angelo said “there’s some potential” for more ads, but declined to comment on the costs of the ads, saying they’re “part of a larger communications effort” that has come from the board of directors. Angelo also denied that other groups had asked Log Cabin to run the ads, saying they came “exclusively from within Log Cabin Republicans.”

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Pennsylvania

Erica Deuso elected as Pa.’s first openly transgender mayor

‘History was made.’

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Erica Deuso (Photo courtesy of LPAC)

Erica Deuso will become the first openly transgender mayor in Pennsylvania.

Voters in Downingtown elected Deuso on Tuesday with 64 percent of the vote, according to the Philadelphia Inquirer. The Democrat ran against Republican Richard Bryant.

Deuso, 45, currently works at Johnson & Johnson and has lived in Downingtown since 2007. The mayor-elect is originally from Vermont and graduated from Drexel University.

Deuso released a statement following her election, noting that “history was made.”

“Voters chose hope, decency, and a vision of community where every neighbor matters,” Deuso stated. “I am deeply honored to be elected as Pennsylvania’s first openly transgender mayor, and I don’t take that responsibility lightly.”

According to a LGBTQ+ Victory Institute report released in June, the U.S. has seen a 12.5 percent increase in trans elected officials from 2024 to 2025. Still, Deuso’s campaign did not heavily focus on LGBTQ policy or her identity. She instead prioritized public safety, environmental resilience, and town infrastructure, according to Deuso’s campaign website.

Deuso has served on the boards of the Pennsylvania Equality Project, PFLAG West Chester/Chester County, and Emerge Pennsylvania, according to the LGBTQ+ Victory Fund. She is also an executive member of the Chester County Democratic Committee.

“This victory isn’t about one person, it’s about what happens when people come together to choose progress over fear. It’s about showing that leadership can be compassionate, practical, and focused on results. Now the real work begins, building a Downingtown that is safe, sustainable, and strong for everyone who calls it home,” Deuso said.

Downingtown has a population of more than 8,000 people and is a suburb of Philadelphia. The town’s current mayor, Democrat Phil Dague, did not seek a second term.

Janelle Perez, the executive director of LPAC, celebrated Deuso’s victory. The super PAC endorses LGBTQ women and nonbinary candidates with a commitment to women’s equality and social justice, including Deuso.

“Downingtown voters delivered a resounding message today, affirming that Erica represents the inclusive, forward-looking leadership their community deserves, while rejecting the transphobic rhetoric that has become far too common across the country,” Perez said. “Throughout her campaign, Erica demonstrated an unwavering commitment to her future constituents and the issues that matter most to them. LPAC is proud to have supported her from the beginning of this historic campaign, and we look forward to the positive impact she will have as mayor of Downingtown.”

Deuso will be sworn in as mayor on Jan. 7.

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U.S. Supreme Court

LGBTQ legal leaders to Supreme Court: ‘honor your president, protect our families’

Experts insist Kim Davis case lacks merit

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Protesters outside of the Supreme Court fly an inclusive Pride flag in December 2024. (Washington Blade Photo by Michael Key)

The U.S. Supreme Court considered hearing a case from Kim Davis on Friday that could change the legality of same-sex marriage in the United States.

Davis, best known as the former county clerk for Rowan County, Ky., who defied federal court orders by refusing to issue marriage licenses to same-sex couples — and later, to any couples at all — is back in the headlines this week as she once again attempts to get Obergefell v. Hodges overturned on a federal level.

She has tried to get the Supreme Court to overturn this case before — the first time was just weeks after the initial 2015 ruling — arguing that, in her official capacity as a county clerk, she should have the right to refuse same-sex marriage licenses based on her First Amendment rights. The court has emphatically said Davis, at least in her official capacity as a county clerk, does not have the right to act on behalf of the state while simultaneously following her personal religious beliefs.

The Washington Blade spoke with Karen Loewy, interim deputy legal director for litigation at Lambda Legal, the oldest and largest national legal organization advancing civil rights for the LGBTQ community and people living with HIV through litigation, education, and public policy, to discuss the realistic possibilities of the court taking this case, its potential implications, and what LGBTQ couples concerned about this can do now to protect themselves.

Loewy began by explaining how the court got to where it is today.

“So Kim Davis has petitioned the Supreme Court for review of essentially what was [a] damages award that the lower court had given to a couple that she refused a marriage license to in her capacity as a clerk on behalf of the state,” Loewy said, explaining Davis has tried (and failed) to get this same appeal going in the past. “This is not the first time that she has asked the court to weigh in on this case. This is her second bite at the apple at the U.S. Supreme Court, and in 2020, the last time that she did this, the court denied review.”

Davis’s entire argument rests on her belief that she has the ability to act both as a representative of the state and according to her personal religious convictions — something, Loewy said, no court has ever recognized as a legal right.

“She’s really claiming a religious, personal, religious exemption from her duties on behalf of the state, and that’s not a thing.”

That, Loewy explained, is ultimately a good thing for the sanctity of same-sex marriage.

“I think there’s a good reason to think that they will, yet again, say this is not an appropriate vehicle for the question and deny review.”

She also noted that public opinion on same-sex marriage remains overwhelmingly positive.

“The Respect for Marriage Act is a really important thing that has happened since Obergefell. This is a federal statute that mandates that marriages that were lawfully entered, wherever they were lawfully entered, get respect at the federal level and across state lines.”

“Public opinion around marriage has changed so dramatically … even at the state level, you’re not going to see the same immediate efforts to undermine marriages of same-sex couples that we might have a decade ago before Obergefell came down.”

A clear majority of U.S. adults — 65.8 percent — continue to support keeping the Obergefell v. Hodges decision in place, protecting the right to same-sex marriage. That support breaks down to 83 percent of liberals, 68 percent of moderates, and about half of conservatives saying they support marriage equality. These results align with other recent polling, including Gallup’s May 2025 estimate showing 68 percent support for same-sex marriage.

“Where we are now is quite different from where we were in terms of public opinion … opponents of marriage equality are loud, but they’re not numerous.”

Loewy also emphasized that even if, by some chance, something did happen to the right to marry, once a marriage is issued, it cannot be taken back.

“First, the Respect for Marriage Act is an important reason why people don’t need to panic,” she said. “Once you are married, you are married, there isn’t a way to sort of undo marriages that were lawfully licensed at the time.”

She continued, explaining that LGBTQ people might feel vulnerable right now as the current political climate becomes less welcoming, but there is hope — and the best way to respond is to move thoughtfully.

“I don’t have a crystal ball. I also can’t give any sort of specific advice. But what I would say is, you know, I understand people’s fear. Everything feels really vulnerable right now, and this administration’s attacks on the LGBTQ community make everybody feel vulnerable for really fair and real reasons. I think the practical likelihood of Obergefell being reversed at this moment in time is very low. You know, that doesn’t mean there aren’t other, you know, case vehicles out there to challenge the validity of Obergefell, but they’re not on the Supreme Court’s doorstep, and we will see how it all plays out for folks who feel particularly concerned and vulnerable.”

Loewy went on to say there are steps LGBTQ couples and families can take to safeguard their relationships, regardless of what the court decides. She recommended getting married (if that feels right for them) and utilizing available legal tools such as estate planning and relationship documentation.

“There are things, steps that they can take to protect their families — putting documentation in place and securing relationships between parents and children, doing estate planning, making sure that their relationship is recognized fully throughout their lives and their communities. Much of that is not different from the tools that folks have had at their disposal prior to the availability of marriage equality … But I think it behooves everyone to make sure they have an estate plan and they’ve taken those steps to secure their family relationships.”

“I think, to the extent that the panic is rising for folks, those are tools that they have at their disposal to try and make sure that their family and their relationships are as secure as possible,” she added.

When asked what people can do at the state and local level to protect these rights from being eroded, Loewy urged voters to support candidates and initiatives that codify same-sex marriage at smaller levels — which would make it more difficult, if not impossible, for a federal reversal of Obergefell to take effect.

“With regard to marriage equality … states can be doing … amend state constitutions, to remove any of the previous language that had been used to bar same-sex couples from marrying.”

Lambda Legal CEO Kevin Jennings echoed Loewy’s points in a statement regarding the possibility of Obergefell being overturned:

“In the United States, we can proudly say that marriage equality is the law,” he said via email. “As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.

“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The court took note of this reality in Obergefell v. Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some.”

He noted the same things Loewy pointed out — namely that, at minimum, the particular avenue Davis is attempting to use to challenge same-sex marriage has no legal footing.

“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the court to revisit settled law or destabilize families.”

He also addressed members of the LGBTQ community who might be feeling fearful at this moment:

“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.”

And he issued a direct message to the court, urging justices to honor the Constitution over one person’s religious beliefs.

“To the court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families — deeply rooted in every town and city in America. There is no reason to grant review in this case.”

Kenneth Gordon, a partner at Brinkley Morgan, a financial firm that works with individuals and couples, including same-sex partners, to meet their legal and financial goals, also emphasized the importance of not panicking and of using available documentation processes such as estate planning.

“From a purely legal standpoint, overturning Obergefell v. Hodges would present significant complications. While it is unlikely that existing same-sex marriages would be invalidated, particularly given the protections of the 2022 Respect for Marriage Act, states could regain the authority to limit or prohibit future marriage licenses to same-sex couples. That would create a patchwork of laws across the country, where a couple could be legally married in one state but not recognized as married if they moved to or even visited another state.

“The legal ripple effects could be substantial. Family law issues such as adoption, parental rights, inheritance, health care decision-making, and property division all rely on the legal status of marriage. Without uniform recognition, couples could face uncertainty in areas like custody determinations, enforcement of spousal rights in medical emergencies, or the ability to inherit from a spouse without additional legal steps.

“Courts generally strive for consistency, and creating divergent state rules on marriage recognition would reintroduce conflicts that Obergefell was intended to resolve. From a legal systems perspective, that inconsistency would invite years of litigation and impose significant personal and financial burdens on affected families.”

Finally, Human Rights Campaign President Kelley Robinson issued a statement about the possibility of the Supreme Court deciding to hear Davis’s appeal:

“Marriage equality isn’t just the law of the land — it’s woven into the fabric of American life,” said Robinson. “For more than a decade, millions of LGBTQ+ couples have gotten married, built families, and contributed to their communities. The American people overwhelmingly support that freedom. But Kim Davis and the anti-LGBTQ+ extremists backing her see a cynical opportunity to attack our families and re-litigate what’s already settled. The court should reject this paper-thin attempt to undermine marriage equality and the dignity of LGBTQ+ people.”

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U.S. Supreme Court

Supreme Court rules White House can implement anti-trans passport policy

ACLU, Lambda Legal filed lawsuits against directive.

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(Bigstock photo)

The U.S. Supreme Court on Thursday said the Trump-Vance administration can implement a policy that bans the State Department from issuing passports with “X” gender markers.

President Donald Trump once he took office signed an executive order that outlined the policy. A memo the Washington Blade obtained directed State Department personnel to “suspend any application where the applicant is seeking to change their sex marker from that defined in the executive order pending further guidance.”

The White House only recognizes two genders: male and female.

The American Civil Liberties Union in February filed a lawsuit against the passport directive on behalf of seven trans and nonbinary people.

A federal judge in Boston in April issued a preliminary junction against it. A three-judge panel on the 1st U.S. Circuit Court of Appeals in September ruled against the Trump-Vance administration’s motion to delay the move.

A federal judge in Maryland also ruled against the passport policy. (Lambda Legal filed the lawsuit on behalf of seven trans people.)

 “This is a heartbreaking setback for the freedom of all people to be themselves, and fuel on the fire the Trump administration is stoking against transgender people and their constitutional rights,” said Jon Davidson, senior counsel for the ACLU’s LGBTQ and HIV Project, in a statement. “Forcing transgender people to carry passports that out them against their will increases the risk that they will face harassment and violence and adds to the considerable barriers they already face in securing freedom, safety, and acceptance. We will continue to fight this policy and work for a future where no one is denied self-determination over their identity.”

Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor dissented.

The Supreme Court ruling is here.

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