National
Obama, Clinton push int’l LGBT rights
Administration issues new strategy, as Sec’y of State speaks out
The Obama administration on Tuesday made public a sweeping plan to confront anti-LGBT abuses overseas as Secretary of State Hillary Clinton delivered a high-profile speech on protecting human rights that made extensive references to LGBT rights abuses.
On Tuesday, President Obama issued what’s being called the first-ever U.S. government strategy to address LGBT human rights overseas in the form of a memo to the heads of government departments and agencies.
In the memo, Obama writes that the fight to end discrimination against LGBT people is “a global challenge” and “central to the United States’ commitment to promoting human rights.”
“I am deeply concerned by the violence and discrimination targeting LGBT persons around the world — whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation,” Obama said.
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The memo articulates six points in the new strategy to combat LGBT human rights abuses.
* U.S. agencies overseas are directed to strengthen efforts to combat the criminalization by foreign governments of LGBT status or conduct in addition to expanding efforts to combat discrimination overseas on this basis.
* The Departments of State and Homeland Security are directed to ensure LGBT people seeking asylum in the United States have equal access to protection and assistance. Additionally, the Departments of State, Justice and Homeland Security are to ensure appropriate training is in place for government personnel to help LGBT refugees and asylum seekers.
* U.S. foreign aid agencies are directed to engage regularly with governments, citizens, civil society and the private sector to foster an awareness of LGBT human rights.
* The State Department is to lead a “standing group” geared toward ensuring swift response to serious incidents threatening the human rights of LGBT people overseas.
* U.S. agencies overseas are directed to work with international organizations to counter anti-LGBT discrimination and increase the number of countries willing to defend LGBT issues.
* U.S. agencies engaged abroad are required to prepare a report for the State Department within 180 days on their progress on these initiatives. The department will then compile a larger report for the president.
Joe Solmonese, president of the the Human Rights Campaign, praised the Obama administration for the new guidance in a statement.
“As Americans, we understand that no one should be made a criminal or subject to violence or even death because of who they are, no matter where they live,” Solmonese said. “Today’s actions by President Obama make clear that the United States will not turn a blind eye when governments commit or allow abuses to the human rights of LGBT people.”
Victoria Neilson, legal director for Immigration Equality, had particular praise for the added protections for LGBT people seeking asylum in the United States.
“Immigration Equality hears from more than 1,000 LGBT people a year who are fleeing persecution,” Neilson said. “Many face daunting challenges in escaping their home country, let alone reaching the shores of the United States. By instructing foreign service officers to offer all available assistance to those who seek their help, the White House is extending a helping hand to some of the world’s most vulnerable individuals.”
On the same day the memo was issued, Clinton spoke extensively about the need to incorporate LGBT people in human rights protections during remarks at the U.S. Mission to the United Nations in Geneva, Switzerland.
The speech was in recognition of Human Rights Day, which recognizes the adoption of the Universal Declaration of Human Rights on Dec. 10, 1948 by the U.N. General Assembly. More than 1,000 diplomats and experts were in attendance.
“Today, I want to talk about the work we have left to do to protect one group of people whose human rights are still denied in too many parts of the world today,” Clinton said. “In many ways, they are an invisible minority. They are arrested, beaten, terrorized, even executed. Many are treated with contempt and violence by their fellow citizens while authorities empowered to protect them look the other way — or too often, even join in the abuse. They are denied opportunities to work and learn, driven from their homes and countries and forced to suppress or deny who they are to protect themselves from harm. I am talking about gay, lesbian, bisexual and transgender people: human beings born free and given, bestowed equality and dignity who have a right to claim that, which is now one of the remaining human rights challenges of our time.”
Clinton acknowledged that her “own country’s record on human rights for gay people is far from perfect.” She noted that being gay was still a crime in many parts of the country until 2003, when the Supreme Court struck down state sodomy laws in Lawrence v. Texas.
“Many LGBT Americans have endured violence and harassment in their own lives, and for some, including many young people, bullying and exclusion are daily experiences,” Clinton said. “So we, like all nations, have more work to do to protect human rights at home.”
But the secretary also rejected the idea that homosexuality is a Western creation and people outside of Western countries therefore have grounds to reject LGBT people.
“Well, in reality, gay people are born into and belong to every society in the world,” Clinton said. “They are all ages, all races, all faiths; they are doctors and teachers, farmers and bankers, soldiers and athletes; and whether we know it, or whether we acknowledge it, they are our family, our friends, and our neighbors.”
Clinton said those who first crafted the Universal Declaration of Human Rights may not in 1948 have realized the document applied to LGBT people, but said many of the countries involved in its crafting have come to the realization that — as Clinton has articulated before — gay rights are human rights, and human rights are gay rights.
“It is violation of human rights when people are beaten or killed because of their sexual orientation, or because they do not conform to cultural norms about how men and women should look or behave,” Clinton said. “It is a violation of human rights when governments declare it illegal to be gay, or allow those who harm gay people to go unpunished. It is a violation of human rights when lesbian or transgendered women are subjected to so-called corrective rape, or forcibly subjected to hormone treatments, or when people are murdered after public calls for violence toward gays, or when they are forced to flee their nations and seek asylum in other lands to save their lives.”
Clinton also announced the creation of a Global Equality Fund that will support the work of civil society organizations working on LGBT human rights issues around the world. The secretary said the U.S. government has already committed more than $3 million to start this fund.
During a conference call with reporters after the speech, a senior State Department official, who spoke on condition of anonymity, said the Bureau of Democracy, Human Rights & Labor made grants to organizations in the past, but the Global Equality Fund will “make permanent, or bolster the efforts to support civil society organizations around the world.”
The official said organizations seeking to conduct work in the 80 countries where same-sex relations are criminalized “would be priority areas” for grant money under the fund.
Advocates hailed Clinton for her speech and called it a strong signal the United States is activel;y pushing for an end to LGBT rights abuses overseas. According to HRC, Solmonese met with Clinton in Geneva prior to her speech.
Mark Bromley, chair of the Council for Global Equality, was also in attendance and said Clinton gave a “remarkable speech” that received a standing ovation.
“For us, I think the real question was to set the proper tone to be respectful and to recognize that this is a difficult conversation for many conservative countries, but to also to be very firm in stating unequivocally that this is a human rights priority and a U.S. foreign policy priority,” Bromley said.
Bromley added Clinton struck an appropriate balance by saying she delivered her address with “respect, understanding, and humility” while maintaining the importance of LGBT rights as a priority.
Justin Nelson, president of the National Gay & Lesbian Chamber of Commerce, was also a witness to Clinton’s remarks and called them “monumental” and “historic.”
“It’s such a strong statement that LGBT rights are human rights and human rights are LGBT rights, and that’s American foreign policy,” Nelson said. “It sends a very strong message that people all over the world know that they have an ally in America.”
Bromley said representatives from some countries didn’t stand after the remarks despite the state ovation, but he couldn’t identify who these people were or they countries from which they hailed.
“With most countries represented at some level, and 80 countries that continue to criminalize consensual same-sex relations, there were some that, obviously, would have a difficult time fully understanding the speech,” Bromley said. “But at the same time, I think, the vast majority of audience really reacted enthusiastically and understood it to be a balanced, respective but firm statement of U.S. foreign policy.”
The senior State Department official said 95 percent of the audience was standing after Clinton’s remarks and there was a “sustained standing ovation.”
“I think part of that is attributable to the fact that she came not to wag a finger, but to really invite a conversation,” Clinton said. “I think the audience felt the spirit of respect, and also the spirit of hopefulness that she brought to the speech.”
In the aftermath of the speech, questions linger on whether the Obama administration can truly be support LGBT rights abroad when neither Obama nor Clinton have yet to express support for marriage rights for gay couples at home.
Asked if by advocating for LGBT rights abroad overseas the Obama administration is now in favor of marriage equality, the senior State Department official responded, “I think the secretary and the president have both spoken about their personal views on marriage. I think that one of things that comes up a lot in the international context is that — as in America and elsewhere — there is an ongoing debate about gay marriage. But whatever our position on gay marriage, I think one of the things that many of us have been finding an agreement on is the fact that no matter what you think about that question, we can all agree that people ought not be killed or imprisoned for who are they are and who they love.”
Watch the video of Clinton’s speech here:
Federal Government
Two very different views of the State of the Union
As Trump delivered his SOTU address inside the Capitol, Democratic lawmakers gathered outside in protest, condemning the administration’s harmful policies.
As President Donald Trump delivered his State of the Union address inside the U.S. Capitol — touting his achievements and targeting political enemies — progressive members of Congress gathered just outside in protest.
Their message was blunt: For many Americans, particularly LGBTQ people, the country is not better off.
Each year, as required by Article II, Section 3 of the Constitution, the president must “give to the Congress Information of the State of the Union.” The annual address is meant to outline accomplishments and preview the year ahead. This year, Trump delivered the longest State of the Union in U.S. history, clocking in at one hour and 48 minutes. He spoke about immigration, his “law and order” domestic agenda, his “peace through strength” foreign policy doctrine, and what he framed as the left’s ‘culture wars’ — especially those involving transgender youth and Christian values.
But one year into what he has called the “Trump 2.0” era, the picture painted outside the Capitol stood in stark contrast to the one described inside.
Transgender youth
In one of the most pointed moments of his speech, Trump spotlighted Sage Blair, using her story to portray gender-affirming care as coercive and dangerous. Framing the issue as one of parental rights and government overreach, he told lawmakers and viewers:
“In the gallery tonight are Sage Blair and her mother, Michelle. In 2021, Sage was 14 when school officials in Virginia sought to socially transition her to a new gender, treating her as a boy and hiding it from her parents. Hard to believe, isn’t it? Before long, a confused Sage ran away from home.
“After she was found in a horrific situation in Maryland, a left-wing judge refused to return Sage to her parents because they did not immediately state that their daughter was their son. Sage was thrown into an all-boys state home and suffered terribly for a long time. But today, all of that is behind them because Sage is a proud and wonderful young woman with a full ride scholarship to Liberty University.
“Sage and Michelle, please stand up. And thank you for your great bravery and who can believe that we’re even speaking about things like this. Fifteen years ago, if somebody was up here and said that, they’d say, what’s wrong with him? But now we have to say it because it’s going on all over, numerous states, without even telling the parents.
“But surely, we can all agree no state can be allowed to rip children from their parents’ arms and transition them to a new gender against the parents’ will. Who would believe that we’ve been talking about that? We must ban it and we must ban it immediately. Look, nobody stands up. These people are crazy. I’m telling you, they’re crazy.”
The story, presented as encapsulation of a national crisis, became the foundation for Trump’s renewed call to ban gender-affirming care. LGBTQ advocates — and those familiar with Blair’s story — argue that the situation was far more complex than described and that using a single anecdote to justify sweeping federal restrictions places transgender people, particularly youth, at greater risk.
Equality Virginia said the president’s remarks were part of a broader effort to strip transgender Americans of access to care. In a statement to the Blade, the group said:
“Tonight, the president is choosing to double down on efforts to disrupt access to evidence-based, lifesaving care.
“Rather than allowing families and doctors to navigate deeply personal medical decisions free from federal interference — or allowing schools to respond with nuance and compassion without putting marginalized children at risk — the president is instead advocating for reckless, one-size-fits-all political control.
“At a time when Virginians are worried about rising costs, economic uncertainty, and aggressive immigration enforcement actions disrupting communities and families, attacking transgender young people is a blatant political distraction from the real challenges facing our nation. Virginia families and health care providers do not need Donald Trump telling them what care they do or do not need.”
For many in the LGBTQ community, the rhetoric inside the chamber echoed actions already taken by the administration.
Earlier this month, the Pride flag was removed from the Stonewall National Monument under a National Park Service directive that came from the top. Community members returned to the site, raised the flag again, and filed suit, arguing the removal violated federal law. To advocates, the move was symbolic — a signal that even the legacy of LGBTQ resistance was not immune.
Immigration and fear
Immigration dominated both events as well.
Inside the chamber, Trump boasted about the hundreds of thousands of immigrants detained in makeshift facilities. Outside, Democratic lawmakers described those same facilities as concentration camps and detailed what they characterized as the human toll of the administration’s enforcement policies.
Sen. Ed Markey (D-Mass.), speaking to the crowd, painted a grim picture of communities living in fear:
“People are vanishing into thin air. Quiet mornings are punctuated by jarring violence. Students are assaulted by ICE agents sitting outside the high school, hard working residents are torn from their vehicles in front of their children. Families, hopelessly search for signs of their loved ones who have stopped answering their phones, stop replying to text… This is un-American, it is illegal, it is unconstitutional, and the people are going to rise up and fight for Gladys Vega and all of those poor people who today need to know that the people’s State of the Union is the beginning of a long fight that is going to result in the end of Republican control of the House of Representatives and the Senate in the United States of America in 2026.”
Speakers emphasized that LGBTQ immigrants are often especially vulnerable — fleeing persecution abroad only to face detention and uncertainty in the United States. For them, the immigration crackdown and the attacks on transgender health care are not separate battles but intertwined fronts in a broader cultural and political war.
Queer leadership

After delivering remarks alongside Robert Garcia, Kelley Robinson, president of the Human Rights Campaign, took the stage and transformed the freezing crowd’s anger into resolve.
Garcia later told the Blade that visibility matters in moments like this — especially when LGBTQ rights are under direct attack.
“We should be crystal clear about right now what is happening in our country,” Garcia said. “We have a president who is leading the single largest government cover up in modern history, we have the single largest sex trafficking ring in modern history right now being covered up by Donald Trump and Pam Bondi In the Department of Justice. Why are we protecting powerful, wealthy men who have abused and raped women and children in this country? Why is our government protecting these men at this very moment? In my place at the Capitol is a woman named Annie farmer. Annie and her sister Maria, both endured horrific abuse by Jeffrey Epstein and Ghislaine Maxwell. As we move forward in this investigation, always center the survivors; we are going to get justice for the survivors. And Donald Trump may call this investigation a hoax. He may try to deflect our work, but our message to him is very clear that our investigation is just getting started, and we will we will get justice for these survivors.”
He told the Blade afterwards that having queer leaders front and center is itself an act of resistance.
“I obviously was very honored to speak with Kelley,” the California representative said. Kelley is doing a great job…it’s important that there are queer voices, trans voices, gay voices, in protest, and I think she’s a great example of that. It’s important to remind the country that the rights of our community continue to be attacked, and then we’ve got to stand up. Got to stand up for this as well.”
Robinson echoed that call, urging LGBTQ Americans — especially young people — not to lose hope despite the administration’s escalating rhetoric.
“There are hundreds of thousands of people that are standing up for you every single day that will not relent and will not give an inch until every member of our community is protected, especially our kids, especially our trans and queer kids. I just hope that the power of millions of voices drowns out that one loud one, because that’s really what I want folks to see at HRC. We’ve got 3.6 million members that are mobilizing to support our community every single day, 75 million equality voters, people that decide who they’re going to vote for based on issues related to our community. Our job is to make sure that all those people stand up so that those kids can see us and hear our voices, because we’re going to be what stands in the way.”
A boycott — and a warning
The list of Democratic lawmakers who boycotted the State of the Union included Sens. Ruben Gallego, Ed Markey, Jeff Merkley, Chris Murphy, Adam Schiff, Tina Smith, and Chris Van Hollen, along with dozens of House members.
For those gathered outside — and for viewers watching the livestream hosted by MoveOn — the counter-programming was not merely symbolic. It was a warning.
While the president spoke of strength and success inside the chamber, LGBTQ Americans — particularly transgender youth — were once again cast as political targets. And outside the Capitol, lawmakers and advocates made clear that the fight over their rights is far from over.

U.S. Military/Pentagon
4th Circuit rules against discharged service members with HIV
Judges overturned lower court ruling
A federal appeals court on Wednesday reversed a lower court ruling that struck down the Pentagon’s ban on people with HIV enlisting in the military.
The conservative three-judge panel on the 4th U.S. Circuit Court of Appeals overturned a 2024 ruling that had declared the Defense Department and Army policies barring all people living with HIV from military service unconstitutional.
The 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, held that the military has a “rational basis” for maintaining medical standards that categorically exclude people living with HIV from enlisting, even those with undetectable viral loads — meaning their viral levels are so low that they cannot transmit the virus and can perform all duties without health limitations.
This decision could have implications for other federal circuits dealing with HIV discrimination cases, as well as for nationwide military policy.
The case, Wilkins v. Hegseth, was filed in November 2022 by Lambda Legal and other HIV advocacy groups on behalf of three individual plaintiffs who could not enlist or re-enlist based on their HIV status, as well as the organizational plaintiff Minority Veterans of America.
The plaintiffs include a transgender woman who was honorably discharged from the Army for being HIV-positive, a gay man who was in the Georgia National Guard but cannot join the Army, and a cisgender woman who cannot enlist in the Army because she has HIV, along with the advocacy organization Minority Veterans of America.
Isaiah Wilkins, the gay man, was separated from the Army Reserves and disenrolled from the U.S. Military Academy Preparatory School after testing positive for HIV. His legal counsel argued that the military’s policy violates his equal protection rights under the Fifth Amendment’s Due Process Clause.
In August 2024, a U.S. District Court sided with Wilkins, forcing the military to remove the policy barring all people living with HIV from joining the U.S. Armed Services. The court cited that this policy — and ones like it that discriminate based on HIV status — are “irrational, arbitrary, and capricious” and “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Pentagon appealed the decision, seeking to reinstate the ban, and succeeded with Wednesday’s court ruling.
Judge Paul V. Niemeyer, one of the three-judge panel nominated to the 4th Circuit by President George H. W. Bush, wrote in his judicial opinion that the military is “a specialized society separate from civilian society,” and that the military’s “professional judgments in this case [are] reasonably related to its military mission,” and thus “we conclude that the plaintiffs’ claims fail as a matter of law.”
“We are deeply disappointed that the 4th Circuit has chosen to uphold discrimination over medical reality,” said Gregory Nevins, senior counsel and employment fairness project director for Lambda Legal. “Modern science has unequivocally shown that HIV is a chronic, treatable condition. People with undetectable viral loads can deploy anywhere, perform all duties without limitation, and pose no transmission risk to others. This ruling ignores decades of medical advancement and the proven ability of people living with HIV to serve with distinction.”
“As both the 4th Circuit and the district court previously held, deference to the military does not extend to irrational decision-making,” said Scott Schoettes, who argued the case on appeal. “Today, servicemembers living with HIV are performing all kinds of roles in the military and are fully deployable into combat. Denying others the opportunity to join their ranks is just as irrational as the military’s former policy.”
New York
Lawsuit to restore Stonewall Pride flag filed
Lambda Legal, Washington Litigation Group brought case in federal court
Lambda Legal and Washington Litigation Group filed a lawsuit on Tuesday, challenging the Trump-Vance administration’s removal of the Pride flag from the Stonewall National Monument in New York earlier this month.
The suit, filed in the U.S. District Court for the Southern District of New York, asks the court to rule the removal of the Pride flag at the Stonewall National Monument is unconstitutional under the Administrative Procedures Act — and demands it be restored.
The National Park Service issued a memorandum on Jan. 21 restricting the flags that are allowed to fly at National Parks. The directive was signed by Trump-appointed National Park Service Acting Director Jessica Bowron.
“Current Department of the Interior policy provides that the National Park Service may only fly the U.S. flag, Department of the Interior flags, and the Prisoner of War/Missing in Action flag on flagpoles and public display points,” the letter from the National Park Service reads. “The policy allows limited exceptions, permitting non-agency flags when they serve an official purpose.”
That “official purpose” is the grounds on which Lambda Legal and the Washington Litigation Group are hoping a judge will agree with them — that the Pride flag at the Stonewall National Monument, the birthplace of LGBTQ rights movement in the U.S., is justified to fly there.
The plaintiffs include the Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York.
The defendants include Interior Secretary Doug Burgum; Bowron; and Amy Sebring, the Superintendent of Manhattan Sites for the National Park Service.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community. The Park Service’s policies permit flying flags that provide historical context at monuments,” said Alexander Kristofcak, a lawyer with the Washington Litigation Group, which is lead counsel for plaintiffs. “That is precisely what the Pride flag does. It provides important context for a monument that honors a watershed moment in LGBTQ+ history. At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
“Stonewall is the birthplace of the modern LGBTQ+ rights movement,” said Beal, the president of the Gilbert Baker Foundation. The foundation’s mission is to protect and extend the legacy of Gilbert Baker, the creator of the Pride flag.
“The Pride flag is recognized globally as a symbol of hope and liberation for the LGBTQ+ community, whose efforts and resistance define this monument. Removing it would, in fact, erase its history and the voices Stonewall honors,” Beal added.
The APA was first enacted in 1946 following President Franklin D. Roosevelt’s creation of multiple new government agencies under the New Deal. As these agencies began to find their footing, Congress grew increasingly worried that the expanding powers these autonomous federal agencies possessed might grow too large without regulation.
The 79th Congress passed legislation to minimize the scope of these new agencies — and to give them guardrails for their work. In the APA, there are four outlined goals: 1) to require agencies to keep the public informed of their organization, procedures, and rules; 2) to provide for public participation in the rule-making process, for instance through public commenting; 3) to establish uniform standards for the conduct of formal rule-making and adjudication; and 4) to define the scope of judicial review.
In layman’s terms, the APA was designed “to avoid dictatorship and central planning,” as George Shepherd wrote in the Northwestern Law Review in 1996, explaining its function.
Lambda Legal and the Washington Litigation Group are arguing that not only is the flag justified to fly at the Stonewall National Monument, making the directive obsolete, but also that the National Park Service violated the APA by bypassing the second element outlined in the law.
“The Pride flag at the Stonewall National Monument honors the history of the fight for LGBTQ+ liberation. It is an integral part of the story this site was created to tell,” said Lambda Legal Chief Legal Advocacy Officer Douglas F. Curtis in a statement. “Its removal continues the Trump administration’s disregard for what the law actually requires in their endless campaign to target our community for erasure and we will not let it stand.”
The Washington Blade reached out to the NPS for comment, and received no response.

