National
Mixed reviews for Obama’s State of the Union address
Speech mentions benefits for gay troops, but no overt call to pass ENDA
President Obama delivered a State of the Union address that included a couple of LGBT references. (Washington Blade file photo by Michael Key)
Speaking before a joint session of Congress on Tuesday evening, President Obama delivered the first State of the Union address of his second term that included one overt reference to gay people in addition to a veiled reference to the LGBT community as he highlighted other initiatives.
Obama’s most explicit gay reference came when he pledged to “do whatever we must” to protect U.S. troops serving the country overseas. At that point, Obama touted the extension of limited partner benefits to gay troops that was announced by the Pentagon a day earlier — possibly alluding to further benefits upon repeal of the Defense of Marriage Act.
“As long as I’m commander in chief, we will do whatever we must to protect those who serve their country abroad, and we will maintain the best military in the world,” Obama said. “We will ensure equal treatment for all service members, and equal treatment for their families — gay and straight.”
Allyson Robinson, executive director of the LGBT military group OutServe-SLDN, said Obama “was very clear” that gay service members and their families should be treated equally — but noted the work isn’t finished.
“To finish the task, the Supreme Court must strike down the so-called Defense of Marriage Act,” Robinson said. “Secretary Panetta’s successor must enact equal opportunity and non-discrimination policies that protect LGBT troops and ensure America’s military can attract and retain America’s best. And outmoded, obsolete policies that bar qualified American patriots who are transgender from military service must be eliminated.”
A less overt — but more forward looking — reference to the LGBT community came at the beginning of his speech when Obama alluded to gay people when talking about removing barriers preventing Americans from joining the middle class “no matter … who you love.”
“It is our generation’s task, then, to reignite the true engine of America’s economic growth,” Obama said. “It is our unfinished task to restore the basic bargain that built this country — the idea that if you work hard and meet your responsibilities, you can get ahead, no matter where you come from, or who you love.”
That remark has been interpreted as a call on Congress to pass employment non-discrimination protections because the absence of such a law is seen as an impediment to LGBT workers reaching economic prosperity. Prior to the address, advocates were hopeful Obama would use the occasion of the State of the Union address to push for passage of the Employment Non-Discrimination Act and pledge to issue an executive order barring federal contractors from engaging in anti-LGBT job bias.
Tico Almeida, president of Freedom to Work, was among those who interpreted the remarks as an allusion “to the need to outlaw workplace discrimination against LGBT Americans” — but called on Obama to take more action.
“First, the president should sign the executive order adding LGBT workplace protections to almost 25 percent of all American jobs,” Almeida said. “Second, he should encourage Senate Majority Leader Harry Reid to keep his three-year-old promise to bring ENDA to a vote on the Senate floor for a long overdue vote.”
Almeida added he wants Obama to “explicitly call on both chambers of Congress to pass ENDA” in another speech sometime before the Senate vote expected this year.
Fred Sainz, vice president of communications for the Human Rights Campaign, took a broader view.
“I think that it’s broader and more significant in that it includes kind of a broad sweep of the inclusion of gay people in the middle class,” Sainz said. “And so, it has everything to do with employment and opportunity and every hope and dream that LGBT have.”
Asked whether the language satisfies his previous call for Obama to lay out plans for the LGBT executive order during the State of the Union, Sainz said he thinks it falls short of that request, but said it’s still significant.
“I don’t think he necessarily speaks to it directly, but I do think that it is further evidence of … mainstreaming of LGBT people in all aspects of American life,” Sainz said.
The LGBT references build off the stronger references that Obama made during his inaugural speech when he invoked the Stonewall riots and said “the love we commit to one another must be equal.” In his three previous State of the Union speeches, Obama has also mentioned the LGBT community and talked about “Don’t Ask, Don’t Tell” repeal.
Obama also made a reference to the global HIV/AIDS epidemic when he talked about the United States pushing to make progress in poorer countries.
The president hit on “realizing the promise of an AIDS-free generation,” then, diverting from his prepared remarks, said it’s “within our reach.” That term was coined by former Secretary of State Hillary Clinton as part of the Obama administration’s pledge to rid the world of the disease.
Kali Lindsey, director of legislative and public affairs for the National Minority AIDS Council, said in a statement Obama’s remarks are a call to action “to make AIDS this century’s polio.”
“This includes continued funding for PEPFAR, the President’s Emergency Plan for AIDS Relief, and the Ryan White HIV/AIDS Program,” Lindsey said. “It also means continued implementation of the Affordable Care Act in a way that meets the needs of those living with and vulnerable to chronic and communicable diseases, like HIV.”
Obama also made an implicit LGBT reference when he called on the House to pass the version of the Violence Against Women Act reauthorization that the Senate had passed on a bipartisan vote just hours earlier. The Senate version of the bill has explicit LGBT language to help LGBT victims of domestic violence.
“Today, the Senate passed the Violence Against Women Act that Joe Biden originally wrote almost 20 years ago,” Obama said. “I urge the House to do the same.”
But an LGBT references was notably left out of Obama’s speech when he talked about the importance of passing comprehensive immigration reform without mentioning the potential separation that bi-national same-sex couples face in the United States.
Instead, Obama talked about “a responsible pathway” to citizenship that includes a background check and learning English and fixing problems in the legal immigration system. Obama included gay couples in the plan he unveiled for reform.
The LGBT grassroots group GetEQUAL expressed disappointment in the State of the Union address.
“As someone who would qualify for the DREAM Act and who is part of a bi-national family, I know first-hand that true comprehensive immigration reform must include LGBTQ families, a fair and just pathway to citizenship, and an end to harsh enforcement that separates families,” said Felipe Sousa-Rodriguez, GetEQUAL’s national field director.
Heather Cronk, GetEQUAL’s managing director, criticized Obama for not committing to signing an executive order prohibiting anti-LGBT job bias for federal contractors — noting he announced other directives, such as one related to cybersecurity. She was among those who protested at the White House on Sunday over the non-discrimination directive.
“He had his pen out today to sign other executive orders — it’s incumbent on the LGBT community to ask why he decided to put that pen away before protecting 25 percent of the American workforce from workplace discrimination,” Cronk said.
Local members of the LGBT community were among the guests during the State of the Union. The White House invited Tracey Hepner, a lesbian Arlington, Va., resident and co-founder of Military Partners and Families Coalition, to sit with first lady Michelle Obama. She’s the spouse of the military’s first openly gay flag officer, Army Brig. Gen. Tammy Smith.
Also in attendance was Kelly Costello, a lesbian Potomac, Md., resident, who was invited by Rep. Jerrold Nadler (D-N.Y.), the sponsor of the Uniting American Families Act. Costello and her Peruvian native spouse Fabiola Morales, who married in Washington, D.C., are a bi-national same-sex couples fighting to stay together in the United States.
LGBT members of Congress praise address
While some advocacy groups were calling on Obama to take more action after the State of the Union address, LGBT lawmakers praised Obama when speaking with the Blade in the U.S. Capitol’s Statuary Hall after the speech.
Lesbian Sen. Tammy Baldwin (D-Wis.) said Obama’s LGBT-inclusiveness builds off the remarks that he gave on LGBT issues during his inaugural address.
“We started on the inaugural address,” Baldwin said. “We talked about the fact that the inclusion was poetic, and sort of weaving into the larger fabric of movements throughout our nation’s history. Today, I was pleased with the power of his language, especially with regard to seeing through the implementation of the repeal of ‘Don’t Ask, Don’t Tell,’ and respecting not only the right to serve, but the right to full recognition for families and service members.”
Rep. Kyrsten Sinema (D-Ariz.), the only openly bisexual member of Congress, said she was pleased with the move to expand benefits for gay troops.
“It’s a no-brainer,” Sinema said. “I think the fact that not only did the Department of Defense take this action, but the president referenced it in his speech shows that there is widespread acceptance. Not only that, but this is not a controversial issue.”
Rep. Mark Takano (D-Calif.), the first openly gay Asian-American in Congress, was seated next to Sinema in the gallery and said they nudged each other when Obama mentioned partner benefits for gay troops.
“I certainly applaud the president for not only mentioning it in his inaugural speech, but he also made a reference to LGBT equality in my first State of the Union,” Takano said. “What a thing that is, so I’m hopeful we’ll move forward in this Congress.”
One member of Congress who wouldn’t speak to the Blade about the State of the Union was anti-gay Rep. Vicky Hartzler (R-Mo.). Asked whether she would provide a comment for the Blade, Hartzler replied, “Ah, that’s OK.”
California
Calif. governor signs 6 pro-LGBTQ bills, vetoes 1
Gavin Newsom rejected measure he claimed is legislative overreach
Last week, California Gov. Gavin Newsom signed and vetoed a slew of bills into state law. Among them were seven pertaining to California’s LGBTQ community. Newsom signed six while vetoing one. His actions drew applause and scorn from advocacy groups in the state.
The six signed bills:
Assembly Bill 1775 allows transgender veterans, who were banned from service last year by the Trump-Vance administration, to access housing assistance, use California’s discharge upgrade assistance program, and get support for gaining employment.
Assembly Bill 1930 strengthens privacy protections for healthcare patients and providers by creating clear guidelines for California agencies, individuals, and corporations to respond to out-of-state subpoena requests relating to abortion or gender-affirming care. This includes a requirement to contact the California Attorney General at least seven days prior to responding to the subpoena or providing legal documents. This should add additional protection to those residing in California from investigations in states where abortion or gender-affirming care has more restrictions.
Senate Bill 934 targets conversion therapy in California and increases the amount of time a patient has to bring a medical malpractice lawsuit against a provider for attempting to change the patient’s sexual orientation or gender identity. The bill takes aim at the widely debunked practice that treats queerness as a mental disorder that could be cured through psychotherapeutic methods. Conversion therapy has been illegal in California since 2012; however, a recent Supreme Court decision threw the ban into question, prompting lawmakers to write this new bill that legally defines it as medical malpractice.
Senate Bill 1023 expands access to PrEP, a medication that protects people from contracting HIV. The bill requires insurers to cover the drug through the medical benefit and the pharmacy benefit pathways, allowing for more providers to give patients PrEP.
Senate Bill 1114 strengthens privacy protections for voluntary self-identification data about sexual orientation and gender identity. The bill limits when California government agencies can share this data and bars it from being disclosed outside of the state government, with few exceptions.
Senate Bill 1328 expands support for LGBTQ students and staff in California colleges. The bill requires any institution of higher education to designate an employee at any campus, satellite campus, branch campus, or outreach center to support the needs of LGBTQ individuals.
Equality California, the largest statewide LGBTQ civil rights group in the country, commended the governor for his support of legislation that protects and supports the queer community amid escalating threats, attacks, and rollbacks from the federal government.
Executive Director Tony Hoang said in a written statement, “California is once again demonstrating that when LGBTQ+ people are targeted, our state will respond with action,” adding, “We are grateful to Gov. Newsom for signing these measures.”
The vetoed bill:
Assembly Bill 2164 would have banned California from extraditing anyone residing in California for providing abortions or gender-affirming care in another state. Newsom vetoed this bill despite agreeing with its principles, claiming in a written statement that “extradition is an exclusively executive function” and that he did not want to limit the “executive authority of an incoming governor.”
This bill was created in response to Louisiana’s attempt to extradite a California physician for allegedly sending abortion pills in the mail to a Louisiana woman. Newsom responded forcefully to the extradition request, publicly denying it and stating, “We will not allow extremist politicians from other states to reach into California and try to punish doctors based on allegations that they provided reproductive health care services.”
In a written statement responding to the veto, Lizzy Hinkley, the legal director of the bill’s lead sponsor, Abortion Coalition for Telemedicine, criticized Newsom, stating, “[the] outgoing governor’s principled stance is cold comfort to Californians living and working in the real world post-Dobbs. A high-brow, academic justification for refusing to codify legal protections only reveals an ignorance for the lived reality of patients and providers — and does nothing to help them.”
National
HRC report: LGBTQ students face ‘far greater challenges’ in non-supportive states
Survey finds anti-LGBTQ school harassment, bullying highest in 17 states
The Human Rights Campaign Foundation, the educational arm of the national LGBTQ advocacy organization Human Rights Campaign, has released a report showing LGBTQ public school students are more likely to face bullying, harassment, and “other barriers” in states that have less overall supportive LGBTQ laws and policies.
The report is based on the HRC Foundation’s National Educator Survey of School Climate and Bullying, which was released on Sept. 17.
“The report finds that harassment, bullying, and other barriers to LGBTQ+ inclusion are more prevalent in states with limiting policies, where educators report widespread restrictions on LGBTQ+ resources, visible expressions of support, and assistance for transgender students,” a statement released by HRC says.
“As just one example,” the statement adds, “while 59 percent of educators in states with limiting policies report restrictions on supporting their transgender students, just 6 percent to 8 percent of educators in states with supportive policies report the same, underscoring the impact of these policies on school climate, student well-being, and the stakes of the upcoming midterm elections for LGBTQ+ youth and inclusive classrooms.”
The report says the survey consisted of responses by 826 educators in 42 states who worked as teachers, principals, counselors, administrators, and others who worked in support services. All worked at schools with students from pre-kindergarten to 12th grade, most being public schools and a smaller number being charter schools, the report says.
It says the survey was conducted between April 15 and May 21, 2026, and included a survey questionnaire with about 55 questions covering a wide range of LGBTQ related school issues.
According to the report, its classification of LGBTQ supportive and non-LGBTQ supportive states is based on a detailed analysis of the LGBTQ related laws and policies of all 50 states, D.C., and U.S. territories conducted by the Movement Advancement Project, or MAP, which describes itself as an “independent, nonprofit thinktank.”
The report includes a chart consisting of 51 boxes representing the 50 states and D.C., with 32 plus D.C. colored as blue and said to have overall LGBTQ supportive policies. The 17 boxes colored in red are said to have overall non-LGBTQ supportive policies and laws, Each of the boxes has the initial of a state or D.C. printed inside it.
In addition to D.C., the chart shows Maryland, Virginia, New York, California, and Massachusetts as among the supportive states. Florida, Texas, West Virginia, and Ohio are among the states shown to be non-LGBTQ supportive.
The HRC statement includes these “key” findings from the survey:
- In states with restrictive LGBTQ+ inclusion policies, 59 percent of educators report restrictions on supporting transgender students, compared to just 6-8 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive policies, nearly 50 percent of educators reported restrictions on LGBTQ+ books or resources, compared to just 7 percent of educators in states with supportive policies.
- Roughly 32 percent of educators in states with restrictive policies reported anti-LGBTQ+ harassment was a moderate or serious problem, compared with 11 percent of educators in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 29 percent of educators were very worried about anti-LGBTQ+ harassment, compared to 15 percent in states with supportive LGBTQ+ inclusion policies.
- In states with restrictive LGBTQ+ inclusion policies, 36 percent of educators witnessed anti-LGBTQ+ student bullying, compared to 27 percent in states with supportive LGBTQ+ inclusion policies.
- In states with supportive LGBTQ+ inclusion policies, 75 percent of educators reported no restrictions on LGBTQ+-supportive displays, highlighting a substantially more supportive school environment than in states with restrictive policies.
- Educators in states with restrictive LGBTQ+ inclusion policies also reported significant harassment of students based on appearance (57 percent), race or ethnicity (43 percent), sexual orientation (42 percent), and gender identity or expression (39 percent). (No direct comparison figure from supportive-policy states is provided in the data above.)
“Every young person deserves to feel safe and supportive at school, but this report makes clear that for too many LGBTQ+ students, especially transgender youth, are being failed by policies designed to exclude them,” said HRC President Kelley Robinson in the HRC statement.
“We know that when students feel seen, supported, and affirmed, they are more likely to thrive, but when schools become places of exclusion or hostility, young people pay the price through lower engagement, missed opportunities to learn, and poorer mental and physical health,” Robinson said.
The HRC statement notes that the survey findings come at a time when a growing number of states have passed laws targeting LGBTQ students and the school officials and teachers who support them. It says that for the first time, the survey found that “educators themselves are also experiencing anti-LGBTQ+ harassment, highlighting the growing impact of these policies on school staff as well as students.”
The full survey findings and report can be accessed here:
U.S. Supreme Court
Trump asks Supreme Court to allow restrictions on gender-affirming care in prisons
SCOTUS could further restrict rights of trans inmates
The Trump administration has asked the Supreme Court to allow its policy limiting gender-affirming treatment for federal inmates to take effect while a legal challenge plays out in court.
U.S. District Judge Royce Lamberth ordered the government to continue providing gender-affirming care, such as hormone therapy, which had become policy nearly a decade ago for inmates who were transitioning.
The Trump administration argues in its application that its policy restricting transgender rights was properly adopted and that the judge overstepped, posing nationwide “security and prison-administrative concerns.”
If allowed, the policy would halt surgeries, hormones and social accommodations such as wigs while allowing mental health therapy to continue as the legality of the policy reversal is litigated.
The government also argues in the application that the Bureau of Prisons had “determined that sex-trait-modification surgeries, hormone interventions in general, and social accommodations could no longer be justified as treatment for gender dysphoria.”
American Civil Liberties Union attorneys for the inmates said the policy is “a direct threat to the well-being of transgender people in federal custody and an open violation of their fundamental rights,” and said withholding necessary gender-affirming healthcare constitutes cruel and unusual punishment.
The Blade has covered the ongoing developments surrounding changes to Federal Bureau of Prisons transgender inmate policy that went into effect earlier in Trump’s term. The changes primarily focus on rolling back Biden-era protections for trans inmates.
Earlier this year, the Blade published a joint letter from multiple senators in response to the rollback of the policy. Multiple senators — including Edward Markey (D-Mass.), Jeffrey A. Merkley (D-Ore.) and Mazie K. Hirono (D-Hawaii) — sent a letter to Attorney General Todd Blanche and Federal Bureau of Prisons Director William Marshall III calling for them to reverse the policy change, saying it endangers inmates’ health and safety.
The senators described how the policy shift, along with President Trump’s Executive Order 14168, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” is forcing policy changes they argued are rooted more in political rhetoric than in medical research or evidence-based correctional practices.
Federal Bureau of Prisons responded to the Blade’s request for comment in May, declining to reconsider its transgender inmate policy.
The Blade reached out to the Federal Bureau of Prisons once again over the application to the Supreme Court, but did not hear back before publication.
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