News
Looking back: Gay mentions during State of the Union
Clinton, Bush and Obama addressed gays during speeches before Congress
Presidents Bill Clinton, George W. Bush and Barack Obama each mentioned issues relevant to the LGBT community during their State of the Union addresses. (Photos public domain)
The State of the Union address is considered a pivotal speech for U.S. presidents in shaping their agenda for the year ahead, and the last three haven’t shied from including LGBT people in their proposed policies.
Presidents Bill Clinton, George W. Bush and Barack Obama each made references to policy items affecting LGBT people. Clinton was the first, Bush’s proposed policies were entirely negative and Obama has incorporated LGBT people into his speeches consistently.
The Washington Blade has complied a list of mentions of LGBT issues in State of the Union speeches, all of which were made in recent times. The list doesn’t include mentions of HIV-related items, although Clinton, Bush and Obama each called on Congress to appropriate funds to combat the disease in their speeches.
1999 — Clinton calls for hate crimes, ENDA passage
President Clinton made a reference to two pieces of landmark legislation during his 1999 State of the Union, calling on Congress to pass hate crimes protections legislation and the Employment Non-Discrimination Act.
“Discrimination or violence because of race or religion, ancestry or gender, disability or sexual orientation, is wrong, and it ought to be illegal,” Clinton said. “Therefore, I ask Congress to make the Employment Non-Discrimination Act and the Hate Crimes Prevention Act the law of the land.”
After the murder of gay college student Matthew Shepard near Laramie, Wyo., in 1996, Clinton had endorsed legislation to make violent crimes based on anti-gay animus part of federal law. Clinton was also known as a supporter of ENDA, a bill that in its current version would bar workplace discrimination against LGBT people.
2000 – Clinton makes first explicit reference of ‘gay’
The next year, Clinton tried again to encourage Congress to pass hate crimes protection legislation and ENDA, saying for the first time during a State of the Union address the word “gay.”
Clinton made the appeal to pass both pieces of legislation when talking about incidents of hate crimes against minorities throughout the country.
“We saw a young man murdered in Wyoming just because he was gay,” Clinton said. “Last year we saw the shootings of African Americans, Asian Americans, and Jewish children just because of who they were. This is not the American way, and we must draw the line. I ask you to draw that line by passing without delay the Hate Crimes Prevention Act and the Employment Non-Discrimination Act.”
After Clinton’s call, hate crimes legislation received a floor vote in 2000 as part of an amendment to the major Pentagon budget legislation. No attempt was made to pass ENDA on the floor that year.
Congress passed hate crimes legislation nine years later under President Obama; ENDA continues to languish in Congress and no explicit federal non-discrimination protections for LGBT workers are in place.
2004 — Bush calls for anti-gay constitutional amendment
Preparing for his re-election campaign, President George W. Bush made a reference in his 2004 State of the Union speech affecting gay people, but in a negative way.
In the year after the Massachusetts Supreme Court legalized marriage equality, Bush used his speech to call for a U.S. constitutional amendment banning same-sex marriage, saying “a strong America must also value the institution of marriage.”
“Activist judges, however, have begun redefining marriage by court order, without regard for the will of the people and their elected representatives,” Bush said. “On an issue of such great consequence, the people’s voice must be heard. If judges insist on forcing their arbitrary will upon the people, the only alternative left to the people would be the constitutional process. Our nation must defend the sanctity of marriage.”
Following his call for a Federal Marriage Amendment, both chambers of the Republican-controlled Congress vote on the measure, but the measure failed in both chambers.
Bush’s call for the amendment so invoked the ire of then-San Francisco Mayor Gavin Newsom, who was present in the audience, that he elected on his own to issue marriage licenses to gay couples in San Francisco City Hall. His actions were later rescinded by the California Supreme Court.
2005 — Bush renews call for federal marriage amendment
Fresh off his re-election win after campaigning on a Federal Marriage Amendment and the passage of 11 state constitutional anti-gay marriage amendments, Bush renewed his call for a Federal Marriage Amendment.
“Because marriage is a sacred institution and the foundation of society, it should not be redefined by activist judges,” Bush said. “For the good of families, children, and society, I support a constitutional amendment to protect the institution of marriage.”
Although Congress had additional Republican majorities since the previous votes in 2004, the measure failed yet again in both the House and the Senate.
2006 — Bush isn’t done with the FMA
Despite the previous failures of the Federal Marriage Amendment, Bush continued to express concerns about the advancement of same-sex marriage in his 2006 State of the Union address.
“Yet many Americans, especially parents, still have deep concerns about the direction of our culture and the health of our most basic institutions,” Bush said. “They’re concerned about unethical conduct by public officials and discouraged by activist courts that try to redefine marriage.”
That would be the last time Bush would express concerns about same-sex marriage during a State of the Union address. On Election Day in 2006, Democrats won control of both chambers of Congress, giving them control of the floor.
2009 — Obama omits gays from first speech
Although he would later be known for building a record on LGBT rights, President Obama made no explicit reference to LGBT issues during a speech before a joint session of Congress during his first year in office. All his future speeches would make some reference to gay-related issues.
The omission is in line with the perception that Obama was reluctant to tackle LGBT issues, which had proved thorny for President Clinton during his first year in office.
Because the speech was at the start of his first term, the address also technically wasn’t a State of the Union address, but a speech before a joint session of Congress.
2010 — Obama pledges to work to repeal “Don’t Ask’
Obama’s first mention of any gay issue during a State of the Union address was in 2010 in which he pledged to move forward with the process of “Don’t Ask, Don’t Tell” repeal.
“This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are,” Obama said.
Amid increasing pressure for Obama to act on ending the ban on openly gay service members, LGBT advocates widely praised the words — even those critical of him for not taking executive action to stop the discharges.
And Obama’s words during the speech were prophetic. After a 10-month study at the Pentagon and long struggle of moving legislation through the Congress to repeal the 1993 law, Obama signed legislation at the end of the year repealing “Don’t Ask, Don’t Tell.”
2011 — Obama pledges to finish the job on ‘Don’t Ask’ repeal
A month after having signed the repeal into law, Obama made another reference to the ban on open service by pledging to certify “Don’t Ask, Don’t Tell” by the end of the year.
“Our troops come from every corner of this country,” Obama said. “They’re black, white, Latino, Asian, Native American. They are Christian and Hindu, Jewish and Muslim. And yes, we know that some of them are gay. Starting this year, no American will be forbidden from serving the country they love because of who they love.”
Although President Obama signed repeal legislation in the previous month, the ban would only be lifted after he, the defense secretary and the chair of the Joint Chiefs of Staff certified the military was ready for repeal.
With no timetable included in the repeal legislation for when certification would have to take place, Obama’s words allayed concerns the process would go on indefinitely with no formal lifting of the ban on open service.
But Obama immediately giving those reassurances called on colleges to allow military recruiters on campuses. Many had barred there presence because they perceived the ban on open service as discriminatory.
“And with that change, I call on all our college campuses to open their doors to our military recruiters and ROTC,” Obama said. “It is time to leave behind the divisive battles of the past. It is time to move forward as one nation.”
Those words drew concern from transgender advocates because although the ban on openly gay service was lifted, the ban on openly trans service was — and remains — still in place.
2012 — Obama includes gays in shout-out to U.S. troops
As part of a general effort to tout “Don’t Ask, Don’t Tell” repeal heading into his re-election campaign, Obama in his 2012 State of the Union listed gay troops as among those serving in the armed forces.
“When you put on that uniform, it doesn’t matter if you’re black or white, Asian, Latino, Native American; conservative, liberal; rich, poor; gay, straight,” Obama said.
By this time, certification for open service in the U.S. military had already taken place months ago in September and gay service members were serving openly without fear of discharge.
But that was the only explicit LGBT mention during the State of the Union address, prompting advocates at the time to express disappointment he went no further.
2013 — Obama touts benefits for gay troops
Obama won praise from advocates for his 2013 State of the Union speech by making two references to the gay community, one overt and the other less explicit.
The most overt reference was an appeal to the nation to agree that gay service members are entitled to the same spousal benefits as straight troops.
“We will ensure equal treatment for all servicemembers and equal benefits for their families, gay and straight,” Obama said.
Just weeks earlier under significant pressure from LGBT advocates, the Pentagon pledged to move forward with partner benefits for gay troops available under the law and would have them in place later in the year.
But he also made an implicit gay reference early on in the speech by saying he wants the economy to work for Americans regardless of “who you love” — an apparent reference to gay people that some took as a veiled reference to ENDA.
“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, no matter what you look like or who you love,” Obama said.
2014 — What will happen?
It remains to be seen whether Obama will make any LGBT references in his 2014 State of the Union address on Tuesday. LGBT advocates are calling on him to ask Congress to pass ENDA, pledge to sign an executive order barring LGBT discrimination among federal contractors and explicitly use the word “transgender.”
Virginia
Miyares joins efforts to fight Title IX changes
Republican Va. AG part of multi-state effort
BY NATHANIEL CLINE | Virginia Attorney General Jason Miyares has joined a multi-state effort to stop new Title IX rules from going into effect.
The list of new rules designed to protect victims of campus sexual assaults and the rights of LGBTQ students has come under attack by Republican attorneys general in several states.
Miyares called the changes a “dangerous overhaul” of Title IX, and said the new rules would negatively impact students, families and schools in the commonwealth. The ruling also comes after Gov. Glenn Youngkin’s administration overhauled the commonwealth’s transgender student policies.
“The Biden administration’s unlawful rule would jeopardize half a century of landmark protections for women, forcing the administration’s social agenda onto the states by holding federal funding hostage,” Miyares said in a statement. “They are avoiding Congress and the constitutional process because they know it will not pass. We cannot roll back Title IX in the name of false equity.”
Attorney generals from Tennessee, Indiana, Kentucky, Ohio, and West Virginia have also signed onto the suit, which was filed in Tennessee. Separate lawsuits have been filed in other states, including Louisiana and Texas.
Title IX, which has undergone several transformations based on the political party in office, was created to address women’s rights and prohibits any federally funded school or education program from discriminating against any student based on sex since it was established in 1972.
The Department of Education said some differences compared to the previous version developed under the Trump administration, include protections against all sex-based harassment and discrimination, prohibits schools from sharing personal information, and supports students and families.
Narissa Rahaman, executive director for Equality Virginia, said in a statement that the rule prevents opponents from weakening “crucial” civil rights protections including for LGBTQ students by ensuring that pregnant and parenting students have a right to equal education opportunities, protecting student survivors and guaranteeing the rights of LGBTQ students to come to school as themselves without fear of harassment or discrimination.
“Students across races, places, and genders prove every day that they can do great things, especially when there are strong Title IX protections in place, which is why the Biden administration’s updates to the Title IX rules are essential to ensure every student can thrive at school,” said Rahaman.
The new rule is slated to take effect on Aug. 1 and will apply to complaints of alleged conduct that occurs on or after that date, according to the Department of Education.
Protections
While the ruling protects students and employees from all sex-based harassment and discrimination, it will also impact LGBTQ students and employees, including providing complete protection from sex-based harassment, and prohibiting schools from sharing personal information.
Schools must act “promptly and effectively” to protect and treat all students and staff who make complaints “equitably.” Schools must also provide support measures to complainants and respondents, and act to end any sex discrimination in their programs and prevent any recurrence.
The rule further clarifies the definition of “sex-based harassment,” which means to treat someone unfairly because of their gender; and the scope of sex discrimination, including schools’ obligations not to discriminate based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
The federal agency said the changes will empower and support students and families by requiring schools to disclose their nondiscrimination policies and procedures to all students, employees, and other participants in their education programs so that students and families understand their rights.
The final rule also protects against retaliation for students, employees, and others who exercise their Title IX rights, and supports the rights of parents and guardians to act on behalf of their elementary school and secondary school children.
The rule also protects student privacy by prohibiting schools from disclosing personally identifiable information with limited exceptions, which is something the Youngkin administration has opposed.
Advocates say one of the rights students should have is the power to decide who finds out about their transgender status, to protect them from being bullied or harassed.
Virginia policies
In 2021, the first model policies for trans students were designed under former Gov. Ralph Northam to provide school officials guidance on the treatment of trans and nonbinary students and to protect the privacy and rights of these students.
However, some schools declined to adopt the model policies, and the state law that led to them lacked enforcement incentives or penalties.
The current policies adopted by the Youngkin administration were revised to require parental approval for any changes to students’ “names, nicknames, and/or pronouns,” direct schools to keep parents “informed about their children’s well-being” and require that student participation in activities and athletics and use of bathrooms be based on sex, “except to the extent that federal law otherwise requires.”
Virginia schools have also not fully adopted the newly revised policies, and state law has not changed since the policies were overhauled in 2023.
The Virginia Department of Education faces two lawsuits over the policies adopted by the Youngkin administration.
“All Virginia students, including our transgender and nonbinary students deserve to feel safe and welcomed at schools,” said Wyatt Rolla, a senior trans rights attorney with the ACLU of Virginia. “Accessing restrooms, locker rooms and other facilities that are necessary when you are at school learning is a key part of our schools being inclusive of those transgender [and] non binary students that are part of our community.”
Athletics not included
The provisions under the new Title IX rule did not mention anything about requiring schools to allow trans students to play on teams that align with their gender identity. Virginia has taken its own shot at banning trans athletes from competing in sports through legislation.
In February, the Youngkin administration attempted to challenge the Virginia High School League’s policy on transgender athletes, the Daily Progress reported.
The proposed policy would have matched with the administration’s current policies that students should be placed on teams based on their biological sex rather than their gender identity.
The Virginia High School League, which oversees interscholastic athletic competition for Virginia’s public high schools, allows for trans athletes to participate on teams that match their gender identity, but under certain conditions.
Simultaneously, lawmakers in the Virginia General Assembly controlled by Democrats killed bills, including Senate Bill 68, during the previous session that would have essentially banned transgender students from competing in sports.
State Sen. Tammy Brankley Mulchi (R-Mecklenburg), who carried Senate Bill 723, said students like her 6-year-old granddaughter should have a choice to play with their own gender during a Feb. 1 Senate Education subcommittee hearing.
Mulchi’s bill would have required schools and colleges to have separate sports for boys and girls based on their biological sex. Any dispute would require a note from a doctor.
“If she [my granddaughter] wants to play an all-girl sport, I want her to play against girls that were born girls and not play against someone that is much stronger than her or can hurt her and take away her chances of a scholarship,” Mulchi said.
However, state Sen. Stella Pekarsky (D-Fairfax) argued during the February hearing that whether students are competing with their respective biological sex or not “children of all ages, sexes have different builds and strengths and no children are alike on the same team.”
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Nathaniel is an award-winning journalist who’s been covering news across the country since 2007, including politics at the Loudoun Times-Mirror and the Northern Neck News in Virginia as well as sports for the Plain Dealer in Cleveland, Ohio. He has also hosted podcasts, worked as a television analyst for Spectrum Sports, and appeared as a panelist for conferences and educational programs. A graduate of Bowie State University, Nathaniel grew up in Hawaii and the United Kingdom as a military brat.
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The preceding article was previously published by the Virginia Mercury and is republished with permission.
Nonprofit. Nonpartisan. No paywalls. Fair and tough reporting on the policy and politics that affect all of us is more important than ever. The Mercury brings you coverage of the commonwealth’s biggest issues from a team of veteran Virginia journalists.
We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at: [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to Manny Cosme, owner of CFO Services Group, who was named Small Business Owner of the Year, for Washington, D.C., by the Small Business Administration.
SBA Administrator Isabel Castillas Guzman said, “Our 2024 National Small Business Week award winners exemplify excellence, innovation, and commitment, and the SBA is proud to showcase their incredible achievements and impact on their communities and our economy.” Upon being notified of the award Manny said, “I am incredibly honored and humbled to receive the Small Business Owner of the Year award from the Small Business Administration. This recognition serves as a testament to my team’s hard work, dedication, innovation, and impact in our local community. As a small business owner, I have always strived to embody excellence in my company’s services and commitment to my clients. My team and I are proud to represent the thriving small business communities across the country, and we remain committed to driving innovation, growth, and positive change in our industry.”
Cosme is the founder and current president and CEO of CFO Services Group. The firm is focused on providing bookkeeping, outsourced accounting departments, and fractional CFO advisory services, to growing small businesses and non-profit organizations. The company is headquartered in D.C., with team members and clientele throughout the United States. In addition to working with private business and non-profit clients, CFO Services Group partners with various economic development agencies, such as local governments, chambers of commerce organizations, CDFIs and SBDC centers, to provide free financial literacy and technical assistance to businesses in underserved communities.
Manny has served as the Vice President of Finance & Administration for the United States Hispanic Chamber of Commerce. He recently served as the Finance Chair for the Greater Washington Hispanic Chamber of Commerce, and Vice President of the Equality Chamber of Commerce. He is often sought after in keynote discussions on entrepreneurism and finance for fellow business owners.
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