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Rising Cain

GOP frontrunner attacked from left and right over marriage

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Republican presidential candidate Herman Cain (Washington Blade file photo by Michael Key)

The new GOP presidential frontrunner continues to make headlines on LGBT issues as both pro-LGBT advocates and anti-gay forces express concerns about his candidacy.

Hermain Cain, former CEO of Godfather’s Pizza, said Sunday in an interview on NBC’s “Meet the Press” that he wouldn’t push for a U.S. constitutional amendment banning same-sex marriage if he were elected president.

“I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage,” Cain said.

Pressed by host David Gregory on whether states should decide the issue for themselves, Cain replied, “They would make up their own minds, yes.”

Cain’s remarks on “Meet the Press” echo comments he made in June during a New Hampshire presidential debate in which he said the issue of marriage should be a “state’s decision.”

The candidate’s lack of support for a Federal Marriage Amendment differentiates him from other Republican candidates — including former Massachusetts Gov. Mitt Romney, Texas Gov. Rick Perry, Rep. Michele Bachmann and former U.S. Sen. Rick Santorum — who’ve called for a Federal Marriage Amendment banning same-sex marriage throughout the country.

The former pizza magnate has come under fire from social conservatives for not endorsing a U.S. constitutional amendment banning same-sex marriage as other GOP candidates have done.

In an interview Sunday with Radio Iowa, Santorum said Cain wouldn’t defend the family as president and compared his position on marriage to President Obama’s.

“The idea that this issue should be left to the states is the position Barack Obama takes and it’s not the right position,” Santorum said. “There needs to be a uniform definition of marriage in this country.”

The National Organization for Marriage has also targeted Cain for not signing the organization’s pledge to oppose marriage equality as president by backing a Federal Marriage Amendment and defending the Defense of Marriage Act in court.

Brian Brown, president of the National Organization for Marriage, said in an e-mail to supporters earlier this month that he hopes Cain will come around to endorse a U.S. constitutional amendment banning same-sex marriage.

“Cain’s comments on a federal marriage amendment have not always been crystal clear and consistent,” Brown said. “I personally hope that means he is in the process of ‘evolving’ on the issue, as the campaign moves forward.”

Despite his position on the amendment, Cain’s lack of support for a Federal Marriage Amendment isn’t winning him any support from LGBT advocates.

Dan Pinello, a gay government professor at the City University of New York, said the LGBT community shouldn’t look to Cain as being more sympathetic than the other Republican candidates.

“The difference among those right-wing Republican candidates on LGBT issues is the difference between Tweedledum and Tweedledee,” Pinello said, “It’s just as simple as that. There isn’t any consequential difference. They hate us, generally, period.”

Michael Cole-Schwartz, spokesperson for the Human Rights Campaign, questioned the authenticity of Cain’s remarks on Sunday and said the candidate has “been all over the map” on a constitutional amendment on same-sex marriage.

“It’s not entirely clear where he stands on this,” Cole-Schwartz said. “Certainly his positions have not been consistent.”

In 2004, while running as a U.S. Senate candidate in Georgia, Cain issued a statement against the Masssachusetts court decision that brought marriage equality to the Bay State and called for a U.S. constitutional amendment to rescind the ruling.

“The courts have failed the American people,” Cain said at the time. “Congress needs to enact a constitutional amendment to protect the sacred institution of marriage.”

Cain continued, “Liberal-minded judges have opened a floodgate of judicial tyranny that will chip away at the core values of this country until nothing sacred is left! It started with not allowing prayer in schools, not being able to display the Ten Commandments, attempting to take God out of the Pledge of Allegiance and now making same-sex marriages legal.”

The assertion that Cain’s position on marriage is the same as Obama’s doesn’t hold up.

For starters, in addition to opposing a Federal Marriage Amendment, Obama voted against the measure as a U.S. senator. Cain has also pledged to defend DOMA in court and has criticized Obama for dropping his defense of the 1996 anti-gay statute in court cases.

Cain also came under fire from LGBT advocates earlier this month for saying that he believes homosexuality is a choice and science hasn’t proven otherwise.

Additionally, Cain said in a January radio interview with anti-gay conservative Bryan Fischer that he would veto the Employment Non-Discrimination Act if it reached his desk. Said Cain, “I would veto that relative to special rights to homosexuals.”

Cole-Schwartz said a Cain presidency would “be a tremendous problem for the LGBT community” based on the candidate’s positions and history.

“Just recently, his comments that being gay is a choice and suggesting that the science proves his point just shows that these are not issues that he has spent time thinking about in a positive way,” Cole-Schwartz said.

Even so, Cain’s positions on some LGBT issues continue to differentiate him among the other Republican candidates.

Earlier this month, Cain told the Huffington Post’s Sam Stein he has no problems with openly gay people serving in the military and wouldn’t seek to reinstate “Don’t Ask, Don’t Tell” if elected president.

“I will not seek it, but I think it is a distraction at this point,” Cain said. “Wherever the military is, the day that I take office, I’m not going to stir that pot because I think it’s an unnecessary distraction at this point.”

Other Republican presidential candidates — including Santorum and Bachmann — have said they would reinstate the gay ban.

However, Cain added he will “listen” if military leaders want “something different” on “Don’t Ask, Don’t Tell” and said if it were never repealed, he would have “been fine with it.”

R. Clarke Cooper, executive director of the Log Cabin Republicans, said Cain has often been “inconsistent” on LGBT issues over the course of his campaign.

“I do think on a macro he’s much more approachable, but there has been some back and forth,” Cooper said. “He’s in a sense demurring in larger public fora on these issues, but when you put him before a more conservative audience, he seems to obviously lean a bit more right.”

Cain’s positions on LGBT issues could become of greater interest if he’s nominated to carry the Republican banner in the general election.

Several polls published over the weekend have Cain leading the Republican candidates or at least have him tied with Romney.

An NBC News/Wall Street Journal Survey conducted earlier this month found Cain leading the pack with support from 27 percent of respondents. Romney came in second with 23 percent of support.

A Public Policy Poll published last week gives him even greater national standing with support of 30 percent of responders while Romney comes in second at 22 percent.

Cain has become known for proposing a “9-9-9 plan” for tax reform, which would replace the current tax code with a 9 percent personal income tax, a 9 percent business transactions tax, and a 9 percent federal sales tax.

Whether Cain will remain at the top of the pack remains to be seen. Other Republican candidates — such as Bachmann and Perry — have shown similar strength in the polls, but later faltered. Romney has consistently been in first or second place in polls as the primary season has geared up.

Pinello said the reason for Cain’s current standing in the polls — as well as the rise and fall of other candidates — is because the religious right and the Tea Party factions of the Republican Party are “desperate to find” an alternative to Romney.

“A year or so ago, Sarah Palin had a flirtation with the Tea Party and the religious right, and then four months ago, the fascination was with Michele Bachmann,” Pinello said. “Then it was Rick Perry, then it was Chris Christie, and now it’s Herman Cain. It’s a series of infatuations with each of these candidates, which, for a host reasons tend quickly to crash and burn.”

Cooper said Cain has started a debate on tax reform with his 9-9-9 plan, but doesn’t think his candidacy will have much traction.

“I suspect that he’s enjoying what he’s doing, but I don’t think he really intends to go all way,” Cooper said. “Maybe this is his way of setting himself up for a potential cabinet appointment.”

Pinello predicted Cain’s standing would fade because of the candidate’s lack of money and organization. According to the most recent Federal Election Commission reports, Cain has raised $5.3 million thus far in the election cycle, while Romney has raised $32.2 million and Perry has raised $17.1 million.

“He just relied entirely upon these debates for promoting himself, and that’s not adequate in a rigorous primary, let alone a general election,” Pinello said. “So, I think he’s a flash in the pan just like the others were. Next month, it’ll be someone else.”

 

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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