National
More scrutiny of Obama’s marriage views
President insists it’s a state issue

President Obama’s position on marriage equality came under renewed scrutiny Monday during a press briefing at the White House when press secretary Jay Carney was asked about California’s Proposition 8, which overturned marriage rights for same-sex couples in 2008.
A Wall Street Journal reporter asked if Obama’s belief that marriage should be left to the states means California voters should decide for themselves whether or not to legalize same-sex marriage.
“I’m not disagreeing with that interpretation,” Carney said. “But he has said quite clearly, as he did with the [Defense of Marriage Act] decision, and as he did on Thursday that he believes that it’s for the states to decide.”
On Thursday ā one day before New York legalized same-sex marriage āObama reiterated his view that marriage is a state issue during an LGBT fundraiser in New York City.
In June 2008, the Alice B. Toklas Club in San Francisco announced that it had received a letter from then-Democratic presidential candidate Obama reading, “And that is why I oppose the divisive and discriminatory efforts to amend the California Constitution, and similar efforts to amend the U.S. Constitution or those of other states.”
Asked to clarify Carney’s comments on Monday, Shin Inouye, a White House spokesperson, replied, “The presidentĀ has long opposed divisive and discriminatory efforts to deny rights and benefits to same-sex couples and believes strongly in stopping efforts designed to take rights away. That is why he opposed the Federal Marriage Amendment and Proposition 8.”
After voters approved Prop 8 and state litigation seeking to overturn the ban failed, the American Foundation for Equal Rights filed a federal lawsuit challenging the marriage ban. Last year, a U.S. district court in San Francisco determined that Proposition 8 violated the U.S. Constitution. The lawsuit is on appeal, so the fate of Prop 8 remains unknown. Some advocates say Obama’s position on marriage could have an impact on how courts examine the issue.
Carney was cautious about saying more about the president’s position on the marriage ban and maintained that Obama “very strongly supports equal rights.”
“I’m not going to put words into his mouth applying to another state,” Carney said. “You can analyze that because I haven’t heard him say that. But obviously, the DOMA decision, what he said in New York is about his belief ā our belief that this is a matter the states should decide.”
In February, Obama announced that he would no longer defend DOMA in court because he believes the statute is unconstitutional. At the fundraiser on Thursday, Obama indicated he believes DOMA is unconstitutional because it interferes with a state’s right to regulate marriage.
Later, during the briefing, the issue of same-sex marriage emerged again when reporter Bill Press asked how the president can square his belief that marriage should be left to the states while at the same time saying he believes same-sex couples deserves the same rights as opposite-sex couples.
“Well, look, I’m not going to ā the president has made his position clear,” Carney replied. “It’s not very useful for us to have this debate. I think the president spoke about this on Thursday, he’s spoken about it ā sorry ā a number of times in the past.”
Pressed further on whether Obama has “missed an opportunity” to endorse same-sex marriage prior to New York’s decision to legalize gay nuptials, Carney replied, “Again, the president ā the president’s record on issues involving and of concern to the LGBT community is exemplary and we are very proud of it. He continues to fight on behalf of that community for the rights, for equal rights, and his position on New York, he, himself, rather than his press secretary, spoke at length about just a few nights ago.”
Obama has held various positions on same-sex marriage. In 1996, when running to become an Illinois state senator, Obama in a questionnaire response to what is now the Windy City Times wrote, “I favor legalizing same-sex marriages, and would fight efforts to prohibit such marriages.”
But during his 2008 presidential campaign, Obama said he believes marriage is between one man and one woman and backed civil unions for gay couples. Since October, Obama has suggested he could evolve on the marriage issue, but he has yet to endorse gay nuptials.
A partial transcript of the exchange between reporters and Carney during the White House news briefing follows:
Wall Street Journal: …Does that mean he also respects the outcome of democracy at work in California where voters decided to reject the idea of gay marriage?
Jay Carney: I think as you saw in the decision we announced … this administration would no longer be participants defending the Defense of Marriage Act because we don’t believe it’s constitutional. That is precisely because of his belief that this a matter that needs to be decided by the states. So without commenting on a particular other state, I think we’ve been making that clear with regard to the action in New York. …
I’m not going to put words into his mouth applying to another state. You can analyze that because I haven’t heard him say that. But obviously, the DOMA decision, what he said in New York is about his belief ā our belief that this is a matter the states should decide.
Journal: And the central argument in the challenge to Proposition 8 by supporters of same-sex marriage rights is that this isn’t something that should be decided state-by-state, but there are federal rights involved ā
Carney: The president very strongly supports equal rights and he’s made that clear as well, and he said it again in New York at the event that we’re discussing. …
I don’t really have a lot I can say about Proposition 8 with regards to what the president said last week. I’m not willing to go to what the president didn’t discuss. I can talk about we he did discuss.
Journal: But the proper reading of what he said ā it sounds what you’re saying, and I want to be clear, is that, yes, this is up to the states, and if New York decides that they want to allow same-sex marriage, great, if California decides that they don’t want to, then that’s their decision as well.
Carney: Well, yeah, I can’t improve upon the words that the president delivered publicly ā whatever night that was ā Thursday night. I’m not disagreeing with that interpretation. But he has said quite clearly, as he did with the DOMA decision, and as he did on Thursday that he believes that it’s for the states to decide.
…
Bill Press: I want to come back to the same-sex marriage issue, if I can. If the opportunity to enjoy the same right as same-sex couples as straight couples is a basic civil right, how can you square that with saying we leave it up to the states?
Carney: Well, look, I’m not going to ā the president has made his position clear. It’s not very useful for us to have this debate. I think the president spoke about this on Thursday, he’s spoke about it ā sorry ā a number of times in the past. So, you can take it to other places, but I think …
Press: But let me ask this, with New York being the largest state so far to recognize same-sex marriage, are you concerned that the president have missed his opportunity to lead on this issue?
Carney: Again, the president ā the president’s record on issues involving and of concern to the LGBT community is exemplary and we are very proud of it. He continues to fight on behalf of that community for the rights, for equal rights, and his position on New York, he, himself, rather than his press secretary, spoke at length about just a few nights ago.
Federal Government
HHS to retire 988 crisis lifeline for LGBTQ youth
Trevor Project warns the move will ‘put their lives at risk’

The U.S. Department of Health and Human Services is planning to retire the national 988 crisis lifeline for LGBTQ youth on Oct. 1, according to a preliminary budget document obtained by the Washington Post.
Introduced during the Biden-Harris administration in 2022, the hotline connects callers with counselors who are trained to work with this population, who are four times likelier to attempt suicide than their cisgender or heterosexual counterparts.
āSuicide prevention is about risk, not identity,” said Jaymes Black, CEO of the Trevor Project, which provides emergency crisis support for LGBTQ youth and has contracted with HHS to take calls routed through 988.
“Ending the 988 Suicide and Crisis Lifelineās LGBTQ+ youth specialized services will not just strip away access from millions of LGBTQ+ kids and teens ā it will put their lives at risk,ā they said in a statement. āThese programs were implemented to address a proven, unprecedented, and ongoing mental health crisis among our nationās young people with strong bipartisan support in Congress and signed into law by President Trump himself.ā
“I want to be clear to all LGBTQ+ young people: This news, while upsetting, is not final,” Black said. “And regardless of federal funding shifts, the Trevor Project remains available 24/7 for anyone who needs us, just as we always have.ā
The service for LGBTQ youth has received 1.3 million calls, texts, or chats since its debut, with an average of 2,100 contacts per day in February.
āI worry deeply that we will see more LGBTQ young people reach a crisis state and not have anyone there to help them through that,ā said Janson Wu, director of advocacy and government affairs at the Trevor Project. āI worry that LGBTQ young people will reach out to 988 and not receive a compassionate and welcoming voice on the other end ā and that will only deepen their crisis.ā
Under Trump’s HHS secretary, Robert F. Kennedy, Jr., the agency’s departments and divisions have experienced drastic cuts, with a planned reduction in force of 20,000 full-time employees. The Substance Abuse and Mental Health Services Administration has been sunset and mental health services consolidated into the newly formed Administration for a Healthy America.
The budget document reveals, per Mother Jones, “further sweeping cuts to HHS, including a 40 percent budget cut to the National Institutes of Health; elimination of funding for Head Start, the early childhood education program for low-income families; and a 44 percent funding cut to the Centers for Disease Control, including all the agencyās chronic disease programs.”
U.S. Supreme Court
Supreme Court hears oral arguments in LGBTQ education case
Mahmoud v. Taylor plaintiffs argue for right to opt-out of LGBTQ inclusive lessons

The U.S. Supreme Court on Tuesday heard oral arguments in Mahmoud v. Taylor, a case about whether Montgomery County, Md., public schools violated the First Amendment rights of parents by not providing them an opportunity to opt their children out of reading storybooks that were part of an LGBTQ-inclusive literacy curriculum.
The school district voted in early 2022 to allow books featuring LGBTQ characters in elementary school language arts classes. When the county announced that parents would not be able to excuse their kids from these lessons, they sued on the grounds that their freedom to exercise the teachings of their Muslim, Jewish, and Christian faiths had been infringed.
The lower federal courts declined to compel the district to temporarily provide advance notice and an opportunity to opt-out of the LGBTQ inclusive curricula, and the 4th U.S. Circuit Court of Appeals determined that the parents had not shown that exposure to the storybooks compelled them to violate their religion.
āLGBTQ+ stories matter,” Human Rights Campaign President Kelley Robinson said in a statement Tuesday. āThey matter so students can see themselves and their families in the books they read ā so they can know theyāre not alone. And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved.”
She added, “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.ā
GLAD Law, NCLR, Family Equality, and COLAGE submitted a 40-page amicus brief on April 9, which argued the storybooks “fit squarely” within the district’s language arts curriculum, the petitioners challenging the materials incorrectly characterized them as “specialized curriculum,” and that their request for a “mandated notice-and-opt-out requirement” threatens “to sweep far more broadly.”
Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG, and the National Womenās Law Center announced their submission of a 31-page amicus brief in a press release on April 11.
āAll students benefit from a school climate that promotes acceptance and respect,ā said Karen Loewy, senior counsel and director of constitutional law practice at Lambda Legal. āEnsuring that students can see themselves in the curriculum and learn about students who are different is critical for creating a positive school environment. This is particularly crucial for LGBTQ+ students and students with LGBTQ+ family members who already face unique challenges.ā
The organizations’ brief cited extensive social science research pointing to the benefits of LGBTQ-inclusive instruction like “age-appropriate storybooks featuring diverse families and identities” benefits all students regardless of their identities.
Also weighing in with amici briefs on behalf of Montgomery County Public Schools were the National Education Association, the ACLU, and the American Psychological Association.
Those writing in support of the parents challenging the district’s policy included the Center for American Liberty, the Manhattan Institute, Parents Defending Education, the Alliance Defending Freedom, the Trump-Vance administration’s U.S. Department of Justice, and a coalition of Republican members of Congress.
U.S. Supreme Court
LGBTQ groups: SCOTUS case threatens coverage of preventative services beyond PrEP
Kennedy v. Braidwood oral arguments heard Monday

Following Monday’s oral arguments before the U.S. Supreme Court in Kennedy v. Braidwood Management, Inc., LGBTQ groups issued statements warning the case could imperil coverage for a broad swath of preventative services and medications beyond PrEP, which is used to reduce the risk of transmitting HIV through sex.
Plaintiffs brought the case to challenge a requirement that insurers and group health plans cover the drug regimen, arguing that the mandate “encourage[s] homosexual behavior, intravenous drug use, and sexual activity outside of marriage between one man and one woman.ā
The case has been broadened, however, such that cancer screenings, heart disease medications, medications for infants, and several other preventive care services are in jeopardy, according to a press release that GLAAD, Lambda Legal, PrEP4All, Harvard Lawās Center for Health Law and Policy Innovation (CHLPI), and the Center for HIV Law and Policy (CHLP) released on Monday.
The Trump-Vance administration has argued the independent task force responsible for recommending which preventative services must be covered with no cost-sharing for patients is constitutional because the secretary of the U.S. Department of Health and Human Services can exercise veto power and fire members of the volunteer panel of national experts in disease prevention and evidence-based medicine.
While HHS secretaries have not exercised these powers since the Affordable Care Act was passed in 2010, Braidwood could mean Trump’s health secretary, Robert F. Kennedy Jr., takes a leading role in determining which services are included in the coverage mandate.
Roll Call notes the Supreme Court case comes as the administration has suspended grants to organizations that provide care for and research HIV while the ongoing restructuring of HHS has raised questions about whether the āEnding the HIV Epidemicā begun under Trump’s first term will be continued.
āTodayās Supreme Court hearing in the Braidwood case is a pivotal moment for the health and rights of all Americans,” said GLAAD President Sarah Kate Ellis. “This case, rooted in discriminatory objections to medical necessities like PrEP, can undermine efforts to end the HIV epidemic and also jeopardize access to essential services like cancer screenings and heart disease medications, disproportionately affecting LGBTQ people and communities of color.”
She added, “Religious exemptions should not be weaponized to erode healthcare protections and restrict medically necessary, life-saving preventative healthcare for every American.ā
Lambda Legal HIV Project Director Jose Abrigo said, āThe Braidwood case is about whether science or politics will guide our nationās public health policy. Allowing ideological or religious objections to override scientific consensus would set a dangerous precedent. Although this case began with an attack on PrEP coverage, a critical HIV prevention tool, it would be a serious mistake to think this only affects LGBTQ people.”
“The real target is one of the pillars of the Affordable Care Act: The preventive services protections,” Abrigo said. “That includes cancer screenings, heart disease prevention, diabetes testing, and more. If the plaintiffs succeed, the consequences will be felt across every community in this country, by anyone who relies on preventive care to stay healthy.”
He continued, “Whatās at stake is whether we will uphold the promise of affordable and accessible health care for all or allow a small group of ideologues to dismantle it for everyone. We as a country are only as healthy as our neighbors and an attack on one groupās rights is an attack on all.ā
PrEP4All Executive Director Jeremiah Johnson said, “We are hopeful that the justices will maintain ACA protections for PrEP and other preventive services, however, advocates are poised to fight for access no matter the outcome.”
He continued, “Implementing cost-sharing would have an enormous impact on all Americans, including LGBTQ+ individuals. Over 150 million people could suddenly find themselves having to dig deep into already strained household budgets to pay for care that they had previously received for free. Even small amounts of cost sharing lead to drops in access to preventive services.”
“For PrEP, just a $10 increase in the cost of medication doubled PrEP abandonment rates in a 2024 modeling study,” Johnson said. “Loss of PrEP access would be devastating with so much recent progress in reining in new HIV infections in the U.S. This would also be a particularly disappointing time to lose comprehensive coverage for PrEP with a once every six month injectable version set to be approved this summer.ā
āTodayās oral arguments in the Braidwood case underscore what is at stake for the health and well-being of millions of Americans,” said CHLPI Clinical Fellow Anu Dairkee. “This case is not just about legal technicalities ā it is about whether people across the country will continue to have access to the preventive health services they need, without cost sharing, regardless of who they are or where they come from.”
She continued, “Since the Affordable Care Actās preventive services provision took effect in 2010, Americans have benefited from a dramatic increase in the use of services that detect disease early, promote healthy living, and reduce long-term health costs. These benefits are rooted in the work of leading scientists and public health experts, including the U.S. Preventive Services Task Force, whose recommendations are based on rigorous, peer-reviewed evidence.”
“Any shift away from cost-free access to preventive care could have wide-ranging implications, potentially limiting access for those who are already navigating economic hardship and health disparities,” Dairkee said. “If Braidwood prevails, the consequences will be felt nationwide. We risk losing access to lifesaving screenings and preventive treatments that have become standard care over the past decade.”
“This case should serve as a wake-up call: Science, not politics, must guide our health care system,” she said. “The health of our nation depends on it.ā
āWe are grateful for the Justices who steadfastly centered constitutionality and didn’t allow a deadly political agenda to deter them from their job at hand,” said CHLP Staff Attorney Kae Greenberg. “While we won’t know the final decision until June, what we do know now is not having access to a full range of preventative healthcare is deadly for all of us, especially those who live at the intersections of racial, gender and economic injustice.”
“We are crystal clear how the efforts to undermine the ACA, of which this is a very clear attempt, fit part and parcel into an overall agenda to rollback so much of the ways our communities access dignity and justice,” he said. “Although the plaintiffsā arguments today were cloaked in esoteric legal language, at itās heart, this case revolves around the Christian Rightās objection to ‘supporting’ those who they do not agree with, and is simply going to result in people dying who would otherwise have lived long lives.”
“This is why CHLP is invested and continues in advocacy with our partners, many of whom are included here,” Greenberg said.
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