National
Anti-gay forces changing tactics on marriage
Calls for limiting fed’l recognition, state religious exemption measures emerge

NOM President Brian Brown criticized Eric Holder’s extension of rights to same-sex couples. (Washington Blade file photo by Michael Key)
Move over Federal Marriage Amendment: anti-gay forces are focusing on new ways to halt the advancement of marriage equality — and the result could limit marriage rights for gay couples across the country.
As more states legalize same-sex marriage and efforts to pass a U.S. constitutional amendment prohibiting it have faded, the focus has shifted to containing federal recognition to marriage equality states and to advancing religious exemption bills allowing for discrimination against same-sex couples.
Outrage prompting calls for these measures was seen just last weekend when U.S. Attorney General Eric Holder announced he would extend federal recognition of same-sex marriages to programs under the Justice Department’s purview.
The changes were intended to comply with the U.S. Supreme Court’s decision last year against the Defense of Marriage Act. Among other things, they would allow married same-sex couples to file jointly for bankruptcy. In addition, spouses won’t be forced to testify against each other.
Mainstream and conservative media outlets jumped on the development — the Washington Post called the change “sweeping” — while anti-gay groups expressed outrage over Holder’s extension of these rights to same-sex couples in states without marriage equality.
Brian Brown, president of the anti-gay National Organization for Marriage, said Holder’s decision was the latest in a series of moves that “undermine the authority and sovereignty of the states” with respect to marriage.
“The American public needs to realize how egregious and how dangerous these usurpations are and how far-reaching the implications can be,” Brown said. “The changes being proposed here to a process as universally relevant as the criminal justice system serve as a potent reminder of why it is simply a lie to say that redefining marriage doesn’t affect everyone in society.”
To limit federal recognition of same-sex marriages to marriage-equality states, anti-gay groups are championing legislation in the U.S. House known as the State Marriage Defense Act, which would prohibit the federal government from recognizing a same-sex marriage in a state that doesn’t allow gay nuptials.
Tony Perkins, president of the anti-gay Family Research Council, voiced support for the State Marriage Defense Act immediately after Holder’s announcement.
“Attorney General Holder’ s announcement — like his recognition of same-sex ‘marriages’ in Utah despite the Supreme Court granting a stay of the District Court decision overturning that state’s definition of marriage — illustrates the importance of congressional action to pass the State Marriage Defense Act (H.R. 3829), introduced by Rep. Randy Weber (R-Texas),” Perkins said.
Neither the Family Research Council nor the National Organization for Marriage responded to the Washington Blade’s requests to comment on whether calls for this legislation represented a shift in focus away from the Federal Marriage Amendment.
Religious exemption measures emerge
Meanwhile, at the state level, new initiatives are emerging to establish carve-outs to civil rights and marriage equality laws to enable individuals or businesses to discriminate against LGBT people and their marriages on religious grounds.
One such initiative underway in Oregon is concurrent with Oregon United for Marriage’s work to bring the issue of marriage equality to voters on Election Day this year. Anti-gay groups are working to place on the ballot at the same time a measure to allow florists, bakers and other businesses to refuse to participate in these weddings on religious grounds.
Although it’s illegal in Oregon to discriminate on the basis of sexual orientation, the proposal would enable such business to discriminate against gay couples. To qualify for the ballot, anti-gay groups must submit 87,213 valid signatures of Oregon residents by July 3. That’s half the number required to place the marriage equality constitutional amendment on the ballot because the anti-gay measure would only be statutory.
Mike Marshall, Oregon United for Marriage’s campaign manager, told the Washington Blade the religious exemption ballot initiative is a big fear because it could have an impact on the marriage equality campaign.
“The other side knows that when we shift the debate away from love and commitment to protecting religious freedom that you see support go down for marriage three to four percent, and that’s within the margin of victory for us,” Marshall said. “Instead of putting their resources into defeating our campaign, they’re creating a second campaign to shift the focus of the debate, and by doing that, at least carve some level of discrimination that they engage in.”
Marshall said if the religious exemption measure passes, the LGBT community would be faced with similar measures in every state over the next 10 years.
Religious exemption measures are becoming more common in state legislatures. In Kansas, the state legislature approved on Wednesday by a 72-49 vote a bill that would allow state residents to refuse services to gay couples related to same-sex weddings. In Arizona, a House committee approved a broad religious freedom bill to allow individuals and the businesses they own to refuse to provide services based on their religious beliefs.
Similar measures have popped up in Idaho, Mississippi, Ohio, Oklahoma and Maine (although the Maine measure was recently voted down in committee). Measures specifically allowing discrimination against same-sex marriage and gay people, likes the ones in Oregon and Kansas, have come up in South Dakota.
Sarah Warbelow, state legislative director for the Human Rights Campaign, said passage of the bills could cause problems, such as allowing a county clerk to refuse to grant a marriage license.
“The state would still have to find someone to fill in, but it could make it more cumbersome for same-sex couples, not to mention hugely embarrassing,” Warbelow said. “No one should have to stand in line on the penultimate day of their marriage relationship only to find they have to go through a series of county clerks, one after another.”
The religious exemption measures aren’t exclusively found in the states. Rep. Raul Labrador (R-Idaho) in the U.S. House and Sen. Mike Lee (R-Utah) in the Senate have introduced legislation known as the Marriage and Religious Freedom Act, which would prohibit the federal government from discriminating against organizations that exercise “religious conscience” against same-sex marriage.

Rep. Raúl Rafael Labrador (R-Idaho) has introduced the Marriage and Religious Freedom Act. (Washington Blade file photo by Michael Key)
Rose Saxe, a staff attorney at the American Civil Liberties Union’s LGBT Project, said they’re meant to enable discrimination against gay couples seeking to wed in the states at a later point in time in anticipation of that ruling.
“But the ones that are explicitly anti-gay, we see those as as sort of ‘Plan B’ from the other side in the sense that they see marriage is coming and they’re trying to ensure that even in states where we don’t yet have marriage or robust non-discrimination laws that can preemptively enshrine the right to discriminate,” Saxe said.
Isolated anti-gay incidents driving new tactics
Movement on these bills comes in the aftermath of isolated situations where business owners were accused of acting wrongfully by refusing services for same-sex weddings.
One prominent such incident took place in Colorado, where a judge in December determined a Lakewood bakery known as Masterpiece Cakeshop acted unlawfully by refusing to sell a wedding cake to a gay couple.
A similar incident occurred in Washington State, where Arlene’s Flowers owner Baronelle Stutzma refused to sell flowers to a gay couple and is now facing a lawsuit from the state and couple’s attorney. In Vermont, a resort that was sued in 2011 for refusing to host a lesbian couple’s wedding reception agreed to settle by paying $30,000 in damages.
In addition to invoking the wrath of anti-gay groups, these situations sparked concerns among libertarian-minded supporters of LGBT rights on social media over the perceived unfairness of requiring a business to recognize same-sex marriage.
Saxe said the religious exemption measures have begun to “pop up with more frequency” before state legislatures in the wake of media coverage of these incidents.
“I think those stories are part of the justification,” Saxe said. “In both South Dakota and Kansas, we saw the supporters of this legislation saying that this was about protecting the rights of businesses to not provide wedding services, but then the bills themselves…said any person could refuse to respect any marriage, which is not all about wedding services.”
The majority of the American public opposes making exemptions to accommodate these situations. According to a poll last year conducted by the Human Rights Campaign and the Third Way, 67 percent of voters are opposed to laws that allow businesses to discriminate against gay couples based on religious objections. Further, 56 percent of respondents thought it was already illegal for business owners in their state to refuse service to someone for being gay, although 30 percent were wrong because no such law exists in their state.
It’s also possible that the U.S. Supreme Court could take up a case related to one such isolated objection to a same-sex wedding and issue a sweeping decision enabling discrimination against same-sex couples.
Pending before the U.S. Supreme Court is the appeal of a decision by the New Mexico Supreme Court in the case of Elaine Photography v. Vanessa Willock, which found that the husband-and-wife owned photography business violated New Mexico’s civil rights law by declining to shoot Willock’s commitment ceremony in 2006, even though it was over religious beliefs. (Same-sex marriage at the time wasn’t yet legal in New Mexico.)
Anti-gay groups late last year filed an appeal to the U.S. Supreme Court on the basis that the New Mexico court decision violated Elaine Photography’s rights under the First Amendment’s ban on compelled speech.
Jon Davidson, legal director at Lambda Legal, said he thinks it’s “less likely” the court will take up the case because petitioners asked for a review of rejection of the photographer’s “compelled speech”and not free exercise of religion.
“Given this narrowing of the issue presented, I think it is somewhat less likely that the Supreme Court will grant review, because the issue presented affects fewer people and entities than a religious freedom claim would,” Davidson said.
Although it’s hard to say what action the Supreme Court will take, it may issue writ of certiorari to take up the case this year. If so, a decision would be expected before the court adjourns in June.
CORRECTION: An initial version of this article incorrectly reported the number of signatures to place the anti-gay measure on the ballot in Oregon. The Blade regrets the error.
California
LGBTQ community calls out Radio Korea over host’s homophobic comments
Station acknowledged controversy, but skirted accountability
On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.
Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.
In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”
Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.
Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation.
“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”
For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An.
On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue.
Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.”
Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics.
“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”
Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.”
At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said.
For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”
Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement.
U.S. Military/Pentagon
Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion
Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion
The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.
In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.
“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.
Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.
A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.
Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.
Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.
Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.
“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”
The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”
The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.
President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.
Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.
“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”
NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”
The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.
The White House
Trans workers take White House to court over bathroom policy
Federal lawsuit filed Thursday
Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.
The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”
The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.
Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.
The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.
“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.
Withrow detailed the daily impact of the policy in her statement included in the lawsuit.
“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.
The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.
“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”
In addition to withholding food and water, the policy subjects her to ongoing stress and fear:
“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”
“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”
Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.
The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.
“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.
Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.
“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”
“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”
“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”
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