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Would we be better off under President Hillary?

Clinton’s gay supporters from 2008 weigh in on Obama’s performance

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Secretary of State Hillary Clinton (Washington Blade file photo by Michael Key)

Would a President Hillary Clinton have made more progress on LGBT issues over the course of her first term as opposed to what we’ve seen under President Obama?

The secretary of state certainly stole the spotlight on LGBT issues when she gave a high-profile speech in Geneva earlier this month calling for an end to anti-gay abuses overseas and emphasizing her previously stated belief that gay rights are human rights and human rights are gay rights.

“In our lifetimes, attitudes toward gay people in many places have been transformed,” Clinton said. “Many people, including myself, have experienced a deepening of our own convictions on this topic over the years, as we have devoted more thought to it, engaged in dialogues and debates, and established personal and professional relationships with people who are gay.”

MORE IN THE BLADE: WATCH THE HISTORIC GENEVA SPEECH

Clinton had a strong LGBT following in 2008 when she was competing against Obama for the Democratic nomination for president. There were many high-profile LGBT Clintonistas, although many of them became Obama supporters after he won the Democratic mantle.

Former members of Clinton’s 2008 LGBT steering committee praised her speech in Geneva, but noted that it took place as part of a coordinated effort under the Obama administration.

Elizabeth Birch, former executive director of the Human Rights Campaign and a Clinton backer in 2008, said the Clinton speech was “bold and historic,” but wouldn’t have taken place if President Obama didn’t want it to happen.

“It was as deeply thoughtful and intelligent as Secretary Clinton herself,” Birch said. “But we all know that the secretary of state serves the president and our nation. This speech took place because this administration — including Secretary Clinton — wanted it to take place.”

Peter Rosenstein, a gay D.C. Democratic activist and 2008 Clinton delegate, noted Clinton’s speech followed Obama’s speech at the United Nations in which he became the first sitting president to mention gay rights in a speech before the full U.N. General Assembly.

“I think Hillary made a brilliant, heartfelt speech on LGBT rights but let us not forget that President Obama spoke out first at the United Nations on the need to protect gay and lesbian people around the world,” Rosenstein said.

But questions linger among some Clinton supporters over what progress the LGBT community would have seen if she had won the presidency.

Clinton’s LGBT advocacy in her role as secretary of state has been aggressive. Early on during the administration, Clinton instituted a change to offer equal benefits to same-sex partners of Foreign Service officers.

The change allowed same-sex partners to have access to diplomatic passports, use of medical facilities at posts overseas, medical and other emergency evacuation privileges, compensation for transportation between posts and training in security and languages.

The Obama administration has no seen no shortage of major advancements for the LGBT community. Notable among them is passage of hate crimes protection legislation, repeal of “Don’t Ask, Don’t Tell” and the discontinuation of the defense of the Defense of Marriage Act in court.

Clo Ewing, an Obama campaign spokesperson, touted the president’s record in response to an inquiry on whether a President Clinton would have accomplished more than President Obama.

“President Obama’s administration has done more to advance LGBT equality than any other, accomplishing the repeal of ‘Don’t Ask Don’t Tell,’ signing the Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act into law and ending discrimination based on gender identity in the federal government,” Ewing said. “And if he’s reelected, that progress will continue.”

Still, many LGBT advocates are frustrated that Obama has yet to come out in support of same-sex marriage. Obama has said he could “evolve” to support marriage rights, but more than a year has passed since he made that statement and he has yet to do so.

Moreover, one major piece of legislation that Obama backed during his 2008 campaign continues to languish in Congress: the Employment Non-Discrimination Act.

Passage would be difficult given the current makeup of Congress, but Obama in the interim could issue an executive order preventing federal dollars from going to contractors that don’t have their own non-discrimination protections based on sexual orientation and gender identity in place for workers.

Lane Hudson, a gay D.C.-based Democratic activist and 2008 Clinton supporter, thinks she would have made more progress on ENDA and marriage if she were president.

“My gut tells me that Hillary would have evolved to a position supporting full marriage equality,” Hudson said. “While her speech in Geneva didn’t mention it specifically, I feel that it is implied in her statement that ‘gay rights are human rights and human rights are gay rights.”

Hudson went to 10 states — including New Hampshire where Clinton won the primary — to campaign for the then-Democratic presidential candidate. He also served as host for LGBT-focused fundraisers in D.C.

Clinton, in her role as secretary of state, has continued to support civil unions as opposed to same-sex marriage. But, during a speech at the State Department this year commemorating June as Pride month, she praised the marriage law in New York, saying it, “gives such visibility and credibility to everything that so many of you have done over so many years.”

Still, she hasn’t endorsed marriage rights even as at least one other member of Obama’s cabinet has declared his personal support. Secretary of Housing & Urban Development Shaun Donovan expressed his support for same-sex marriage last month.

It’s difficult to say whether ENDA would be further along under a Clinton administration because employment protections haven’t been under her purview as secretary of state.

Still, Hudson said he believes Clinton would “have been more aggressive in helping to get ENDA passed into law.”

“Without question, Hillary would have been more successful at legislating,” Hudson said. “Not only does she have a solid record as a senator, but she would have been far more engaged with the Congress. ENDA didn’t even leave the House committee in the last Congress.”

But many prominent LGBT Clinton backers say they’re pleased with the Obama administration and she and the president have been working closely to advance LGBT issues.

Other former Clinton supporters were dubious that the secretary of state would have come out for marriage equality or guided ENDA to passage had she been elected president instead of Obama.

Hilary Rosen, a D.C.-based Democratic activist, called herself “Hillary Clinton’s greatest fan,” but expressed skepticism that Clinton would have succeeded on ENDA or evolved on marriage.

“ENDA is stuck in the Congress not the White House and I just don’t know if she would have changed her view publicly by now about marriage if she were president,” Rosen said. “And anyone who tells you they know is making it up.”

Birch said Obama achieved tremendous legislative success for the LGBT community — counting passage of hate crimes legislation and “Don’t Ask, Don’t Tell” repeal as two signature accomplishments — and said people should “work harder than ever in their lives to re-elect a president that invested in real change.”

“President Obama has achieved what no other president has ever achieved — a breakthrough of majority votes in the United States Congress to actually change the federal law of our country,” Birch said. “He has done it twice. He prioritized us and that is how it happened.”

Steve Elmendorf, a gay Democratic lobbyist, said he doesn’t think “we’d see any difference” if Clinton were president instead of Obama.

“I was an enthusiastic Hillary backer; I am an enthusiastic Obama backer now,” Elmendorf said. “In terms of passing of ‘Don’t Ask, Don’t Tell’ [repeal] and hate crimes, I think Obama has done a terrific job and, I think, the community should be enthusiastic about him — particularly if they watch the Republican primary process play out and see what the alternative is.”

Elmendorf, also a member of Clinton’s 2008 LGBT steering committee, said the only thing Obama hasn’t done is come out publicly for marriage equality, but noted Clinton also has yet to make such an endorsement.

“The opposition is so horrible, and marriage is just one issue and he’s got such a good record on just everything else that it doesn’t in any way diminish my enthusiasm for him,” Elmendorf said.

 

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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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