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White House still says marriage not a federal issue

Despite inaugural speech, Carney says Obama wants decision left to the states

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White House Press Secretary Jay Carney

White House Press Secretary Jay Carney (Blade file photo by Michael Key)

White House Press Secretary Jay Carney maintained on Tuesday that President Obama’s LGBT remarks in his inaugural speech weren’t an attempt to nationalize the issue of marriage.

“The President believes that it’s an issue that should be addressed by the states,” Carney said in response to a question from Politico’s Reid Epstein.

Mainstream media outlets asked Carney several questions to clarify Obama’s views on marriage because of the LGBT references he made in his inaugural address, which included an assertion that “our gay brothers and sisters” should be treated equally under the law “for if we are truly created equal, then surely the love we commit to one another must be equal as well.”

NBC News’ Kristen Welker was first to ask whether the remarks — which suggested a national call to support marriage equality — represent a shift in Obama’s way of thinking from his previous position that marriage should be left to the states and not handled at the federal level.

“The President’s position on this has been clear in terms of his personal views,” Carney replied. “He believes that individuals who love each other should not be barred from marriage. He talks about this not about religious sacraments, but civil marriage. And that continues to inform his beliefs. We have taken position on various efforts to restrict the rights of Americans, which he generally thinks is a bad idea.”

Carney indicated that Obama believes Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, is unconstitutional based on the belief that the federal government shouldn’t be involved in marriage.

“One of the reasons why we believe that Section 3 of DOMA is not constitutional is because we should not be addressing it in that way,” Carney said.

Pressed by NBC News on whether the remarks mean the Obama administration will participate in litigation before the Supreme Court challenging California’s Proposition 8, Carney provided no updates beyond his earlier stated non-anwers. The Justice Department has until Feb. 28 to file a friend-of-the-court brief in the lawsuit.

“Well, as you know, the administration is not party to that case and I have nothing more for you on that,” Carney said. “We have, as you, know through the Department of Justice taken an active role in DOMA cases, which is why I can tell you the things I told you about that. But on this [Prop] 8 case, we’re not involved.”

Carney more clearly articulated that Obama believe marriage is a state issue, not a federal issue, in a response a follow-up question from Politico before reiterating other tenets of Obama’s belief on marriage.

“As you know, and I can make it clear, the President’s personal view is that it’s wrong to prevent couples who are in loving, committed relationships and want to marry from doing so,” Carney said. “The values that the President cares most deeply about are how we treat one another, and respect one another. For him, it just boils down to treating others the way that we would want to be treated ourselves and the President has made it absolutely clear that his views are about civil marriage, as I said, not religious sacraments.”

The White House clarification is consistent with the views Obama expressed on marriage just before Election Day in an MTV interview when he said, “There’s some other states that are still having that debate, I think for us to try to legislate federally into this area is probably the wrong way to go.”

Earlier during the briefing, Carney also expanded on Obama’s position on LGBT rights in response to a question from Fox News’ Ed Henry, who noted the White House seemed to be breaking up the speech to please certain constituency groups while asking if the White House could produce more specifics on a plan for climate change.

“He will build on the progress that was made in achieving equality for LGBT Americans,” Carney said. “Again that is not a proposition that he believes should be embraced only by one political party or faction of the country because there’s a link here between the March on Washington, and Seneca Falls and Stonewall. The pursuit of our equal rights is one that Democrats and Republicans have worked on together.”

A brief transcript of the exchange between reporters and Carney follows.

NBC News: Also, yesterday during the inaugural address the President said “Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law.” As the President has said that same-sex marriage is an issue that should be worked out at the state level, does this suggest that he now believes that it should be worked out at the federal level?

Jay Carney: The President’s position on this has been clear in terms of his personal views. He believes that individuals who love each other should not be barred from marriage. He talks about this not about religious sacraments, but civil marriage. And that continues to inform his beliefs. We have taken position on various efforts to restrict the rights of Americans, which he generally thinks is a bad idea. And you know his position on Section 3 of DOMA, but the overall principle that we should not discriminate or treat differently LGBT Americans is one that he believes in deeply.

NBC News: But is it something that should be litigated at the federal level?

Carney: One of the reasons why we believe that Section 3 of DOMA is not constitutional is because we should not addressing be it in that way.

NBC News: What about Proposition 8? Will he now actively move to oppose Proposition 8 now that the Supreme Court has —

Carney: Well, as you know, the administration is not party to that case and I have nothing more for you on that. We have, as you, know through the Department of Justice taken an active role in DOMA cases, which is why I can tell you the things I told you about that. But on this Section 8 case, we’re not involved.

Politico: Does the President believe that gay marriage should be a state issue or a federal issue?

Carney: I think I addressed that. The President believes that it’s an issue that should be addressed by the states.

As you know, and I can make it clear, the president’s personal view is that it’s wrong to prevent couples who are in loving, committed relationships and want to marry from doing so. The values that the President cares most deeply about are how we treat one another, and respect one another. For him, it just boils down to treating others the way that we would want to be treated ourselves and the President has made it absolutely clear that his views are about civil marriage, as I said, not religious sacraments.

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Puerto Rico

Bad Bunny shares Super Bowl stage with Ricky Martin, Lady Gaga

Puerto Rican activist celebrates half time show

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Bad Bunny performs at the Super Bowl halftime show on Feb. 8, 2026. (Screen capture via NFL/YouTube)

Bad Bunny on Sunday shared the stage with Ricky Martin and Lady Gaga at the Super Bowl halftime show in Santa Clara, Calif.

Martin came out as gay in 2010. Gaga, who headlined the 2017 Super Bowl halftime show, is bisexual. Bad Bunny has championed LGBTQ rights in his native Puerto Rico and elsewhere.

“Not only was a sophisticated political statement, but it was a celebration of who we are as Puerto Ricans,” Pedro Julio Serrano, president of the LGBTQ+ Federation of Puerto Rico, told the Washington Blade on Monday. “That includes us as LGBTQ+ people by including a ground-breaking superstar and legend, Ricky Martin singing an anti-colonial anthem and showcasing Young Miko, an up-and-coming star at La Casita. And, of course, having queer icon Lady Gaga sing salsa was the cherry on the top.”

La Casita is a house that Bad Bunny included in his residency in San Juan, the Puerto Rican capital, last year. He recreated it during the halftime show.

“His performance brought us together as Puerto Ricans, as Latin Americans, as Americans (from the Americas) and as human beings,” said Serrano. “He embraced his own words by showcasing, through his performance, that the ‘only thing more powerful than hate is love.’”

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National

Human Rights Watch sharply criticizes US in annual report

Trump-Vance administration ‘working to undermine … very idea of human rights’

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(Washington Blade photo by Yariel Valdés González)

Human Rights Watch Executive Director Philippe Bolopion on Wednesday sharply criticized the Trump-Vance administration over its foreign policy that includes opposition to LGBTQ rights.

“The U.S. used to actually be a government that was advancing the rights of LGBT people around the world and making sure that it was finding its way into resolutions, into U.N. documents,” he said in response to a question the Washington Blade asked during a press conference at Human Rights Watch’s D.C. offices. “Now we see the opposite movement.”

Human Rights Watch on Wednesday released its annual human rights report that is highly critical of the U.S., among other countries.

“Under relentless pressure from U.S. President Donald Trump, and persistently undermined by China and Russia, the rules-based international order is being crushed, threatening to take with it the architecture human rights defenders have come to rely on to advance norms and protect freedoms,” said Bolopion in its introductory paragraph. “To defy this trend, governments that still value human rights, alongside social movements, civil society, and international institutions, need to form a strategic alliance to push back.”

From left: Human Rights Watch Executive Director Philippe Bolopion and Human Rights Watch Washington Director Sarah Yager at a press conference at Human Rights Watch’s D.C. offices on Feb. 4, 2026. (Photo courtesy of Human Rights Watch)

The report, among other things, specifically notes the U.S. Supreme Court’s Skrmetti decision that uphold a Tennessee law banning gender-affirming medical interventions for minors.

The Trump-Vance administration has withdrawn the U.S. from the U.N. LGBTI Core Group, a group of U.N. member states that have pledged to support LGBTQ and intersex rights, and the U.N. Human Rights Council. Bolopion in response to the Blade’s question during Wednesday’s press conference noted the U.S. has also voted against LGBTQ-inclusive U.N. resolutions.

Maria Sjödin, executive director of Outright International, a global LGBTQ and intersex advocacy group, in an op-ed the Blade published on Jan. 28 wrote the movement around the world since the Trump-Vance administration took office has lost more than $125 million in funding.

The U.S. Agency for International Development, which funded myriad LGBTQ and intersex organizations around the world, officially shut down on July 1, 2025. The Trump-Vance administration last month announced it will expand the global gag rule, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services, to include organizations that promote “gender ideology.”

“LGBTQ rights are not just a casualty of the Trump foreign policy,” said Human Rights Watch Washington Director Sarah Yager during the press conference. “It is the intent of the Trump foreign policy.”

The report specifically notes Ugandan authorities since the enactment of the country’s Anti-Homosexuality Act in 2023, which punishes “‘carnal knowledge’ between people of the same gender” with up to life in prison, “have perpetrated widespread discrimination and violence against lesbian, gay, bisexual, and transgender (LGBT) people, their families, and their supporters.” It also highlights Russian authorities “continued to widely use the ‘gay propaganda’ ban” and prosecuted at least two people in 2025 for their alleged role in “‘involving’ people in the ‘international LGBT movement’” that the country’s Supreme Court has deemed an extremist organization.

The report indicates the Hungarian government “continued its attacks on and scapegoating of lesbian, gay, bisexual, and transgender (LGBT) people” in 2025, specifically noting its efforts to ban Budapest Pride that more than 100,000 people defied. The report also notes new provisions of Indonesia’s penal code that took effect on Jan. 2 “violate the rights of women, religious minorities, and lesbian, gay, bisexual, and transgender (LGBT) people, and undermine the rights to freedom of speech and association.”

“This includes the criminalization of all sex outside of marriage, effectively rendering adult consensual same-sex conduct a crime in Indonesia for the first time in the country’s history,” it states.

Bolopion at Wednesday’s press conference said women, people with disabilities, religious minorities, and other marginalized groups lose rights “when democracy is retreating.”

“It’s actually a really good example of how the global retreat from the U.S. as an actor that used to be very imperfectly — you know, with a lot of double standards — but used to be part of this global effort to advance rights and norms for everyone,” he said. “Now, not only has it retreated, which many people expected, but in fact, is now working against it, is working to undermine the system, is working to undermine, at times, the very idea of human rights.”

“That’s definitely something we are acutely aware of, and that we are pushing back,” he added.

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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