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Tongues wagging over gay Cabinet member

Will Obama name nation’s first gay commerce secretary?

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An upcoming vacancy in the White House cabinet has tongues wagging in the LGBT community over whether President Obama will make history by appointing an openly gay commerce secretary.

Last week, Obama announced his nomination of current Commerce Secretary Gary Locke to become U.S. ambassador to China. Provided he meets the 60-vote threshold to receive Senate confirmation, the vacancy created by Locke’s departure would create the opportunity for the appointment of an openly LGBT person to his former role.

The nomination of an openly LGBT person to the position of commerce secretary would be historic because no openly LGBT person has ever been nominated for a cabinet-level position.

Justin Nelson, president of the National Gay & Lesbian Chamber of Commerce, said the appointment of an openly LGBT commerce secretary would be fantastic and bolster the relationship that already exists between the Commerce Department and LGBT people.

“I think it would only seek to strengthen that relationship and mean a lot for not only LGBT-owned businesses, but businesses in general,” Nelson said.

Nelson noted that Locke signed a memorandum of understanding with NGLCC to collaborate on key department initiatives, which will remain in effect for five years. Among other things, the partnership helps promote contracting opportunities for LGBT-owned small businesses with the U.S. government.

Richard Socarides, president of Equality Matters (Blade photo by Michael Key)

Richard Socarides, president of Equality Matters, also said the nomination of an openly LGBT person to the role of commerce secretary would be significant for the Obama administration.

“I think it would be an important first for there to be an openly gay cabinet member, and I think President Obama, while he’s president, should definitely try to make that happen,” Socarides said.

But Socarides added the LGBT community is “a little bit beyond the politics of appointments” and said nominating an openly LGBT commerce secretary would be less significant than other actions Obama could take.

The LGBT community would be better served, Socarides said, by the appointment of an LGBT person within the president’s circle of close advisers, where he or she could have an important impact on LGBT issues.

“I would love to see a gay cabinet member, but I think it’s more important that President Obama put somebody at the White House with seniority in charge of LGBT policy issues,” Socarides said.

The Presidential Appointments Project, a Gay & Lesbian Victory Fund-led initiative, has been pushing for the appointment of openly LGBT officials within the Obama administration. The Victory Fund declined to comment for this article.

Fred Hochberg, who’s gay and director of the Export-Import Bank of the United States, has emerged at the top of the list of LGBT business experts who could fill the role of commerce secretary.

Hochberg, who has a background in business management and once served as deputy administrator of the Small Business Administration, was cited in 2009 as a contender for the position of commerce secretary when it was first open in the Obama administration.

Socarides said Hochberg is a solid contender for the position because he’s close to the president and “extremely well qualified.”

“Fred is perpetually on the list of people who would be a good commerce secretary because he’s part of the Democratic establishment, he’s served and been confirmed before and he has a stellar business background,” Socarides said. “He certainly, I’m sure, would be on anybody’s short list.”

Nelson also said Hochberg would be a fantastic choice for the position of commerce secretary because of his previous work in the administration.

“The work that he’s done at the Export-Import Bank and his commitment to helping build exports for the next five years has been a huge help to the president and the administration,” Nelson said. “Certainly, his understanding of business and commerce would serve the president well.”

Phil Cogan, an Export-Import Bank spokesperson, said Hochberg would be happy to engage in any position the president asks him to fill during the course of the Obama administration.

“He’s honored to have the job he has now, but he would serve the administration in any way that he’s asked to,” Cogan said.

Another openly gay contender for the position of commerce secretary could be Jim Kolbe, a former Republican congressman from Arizona. An expert on trade, Kolbe left Congress and now works as a fellow at the German-Marshall Fund, where he has specialized in trans-Atlantic trade issues.

Jim Kolbe (Blade photo by Michael Key)

Nelson counted Kolbe as among those who could fit the bill for commerce secretary.

“He has a firm understanding of policy,” Nelson said. “Certainly having served on the board of Export-Import Bank, having served in Congress and his work on behalf of the business and the LGBT community would make him another excellent choice.”

Kolbe endorsed Republican presidential nominee John McCain during the 2008 election, which could work against him in winning a position within the Obama administration.

Kolbe told the Blade it is highly unlikely he is under consideration for the post.

Potential openly gay nominees would have to compete with a handful of other high-profile contenders for the position. According to Bloomberg News, those who are under consideration are former Pfizer CEO Jeffrey Kindler, Google CEO Eric Schmidt and Ron Kirk, a U.S. trade representative who has undertaken a leading role in pressing the Obama administration’s trade agenda.

Shin Inouye, a White House spokesperson, wouldn’t rule out that the president would nominate an openly LGBT person as commerce secretary.

“The president will consider a range of qualified candidates, but we are at a very early stage in the process and no decisions have been made,” Inouye said.

Whatever the sexual orientation of the next commerce secretary, LGBT rights supporters maintain the new official could take action that would benefit LGBT Americans as a whole.

Socarides said an important role for the commerce secretary would be to bolster efforts for passage of the Employment Non-Discrimination Act to protect LGBT Americans in the workplace.

“The commerce secretary should be a strong advocate for ENDA,” Socarides said. “ENDA is about basic fairness in American business and the only way we’re going to get that bill through the Congress is if business advocates for it, especially this Congress, which seems very focused on doing what’s right by and for business.”

Socarides said the commerce secretary ought to point out that an increasing number of companies on the Fortune 500 list have non-discrimination policies based on sexual orientation because it makes them more competitive in the marketplace.

Similarly, Nelson said the next commerce secretary should promote legislation in Congress that would eliminate the federal tax paid on employer-provided health coverage extended to LGBT workers with same-sex partners. In the previous Congress, the bill was known as the Tax Equity for Health Plan Beneficiaries Act.

“That’s something that should be common sense whether you’re a Democrat or Republican, whether you’re gay or straight,” Nelson said. “The fact of the matter is, for small businesses in particular, it’s a real burden to have that additional tax to offer domestic health care benefits.”

But Nelson said the next commerce secretary should fit the mold of Locke and understand generally the importance of business to the economy.

For example, Nelson said the official should support tax credits to allow small businesses to invest in infrastructure and promote international trade opportunities.

“It doesn’t matter what your ethnic background is, what your sexual orientation or gender identity is, when it comes to business, it means we’re here to help the American economy and help folks like many LGBT businesses that are a part of this small-business engine that’s getting our economy back on track,” Nelson said.

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National

Gallup finds LGBTQ support among Americans is dropping

Marriage equality support lowest since 2016

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Progress rainbow flag and trans flag flying. (Washington Blade Photo by Michael Key)

Gallup, one of the leading organizations in public opinion polling, has found that LGBTQ support among Americans is dropping.

The poll, whose data was collected using Gallup’s annual Values and Beliefs survey, was conducted in May and was published on Wednesday. The data was collected through telephone interviews from a sample of more than 1,000 adults living in all 50 states and D.C. using random digit dialing. 

It highlights declining attitudes surrounding LGBTQ issues in multiple areas — from support for same-sex marriage to views on gender identity and the morality of one’s sexuality.

One of the most striking findings was that support for marriage equality fell six points from its 2022-2023 high.

The survey also found that 62 percent of Americans view gay and lesbian relations as morally acceptable, the lowest level since 2016 just after same-sex marriage was legalized nationwide by the U.S. Supreme Court. 

One newer question on the poll found that the perceived morality of changing one’s gender has dropped eight points since 2021, indicating the American public is less supportive of transgender people.

New data from Gallup shows a decline in LGBTQ support. (Graph courtesy of Gallup)

The data attributes much of the decline to shifting Republican views alongside the party itself. Conservative leaders have pushed back against diversity, equity, and inclusion programs that were intended to foster greater acceptance of LGBTQ people and other historically disadvantaged groups.

President Donald Trump has been a guiding force behind waves of anti-LGBTQ sentiment, particularly when it comes to trans rights. The president has enacted multiple executive orders, including Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which mandates that gender be defined by one’s sex assigned at birth. He also signed Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which barred qualified trans applicants from joining the military and led to the removal of trans service members already serving in the armed forces.

Additionally, he signed Executive Order 14201, “Keeping Men Out of Women’s Sports,” which prohibits trans female athletes from participating on women’s and girls’ sports teams.

In February, Gallup found that an estimated 9 percent of Americans identified as part of the LGBTQ community in some form.

The organization also found that 23 percent of adults under age 30 identify as LGBTQ, compared with 10 percent of those ages 30 to 49 and 3 percent or less among those ages 50 and older.

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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U.S. Military/Pentagon

Federal appeals court rules White House illegally banned trans troops

Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS

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The Pentagon (Photo by icholakov/Bigstock)

A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.

The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”

The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.

Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.

The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.

Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.

“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.

Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.

Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.

“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.

The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.

While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.

“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”

He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.

“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Levi characterized the policy as overtly cruel and legally indefensible to the Blade.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”

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